PCN from Civil Enforcement is this the right response?

dorcas.w

I received a PCN for 25mins over the 1hr limit in a Homebase car park(I'm the registered keeper). There are receipts to prove that the driver was a genuine customer.

Having looked at the signs, there is 1 sign saying restrictions apply at entrance, but the notices explaining it is 1hr only, are round the perimeter and can only be read when you are right up close. They look like cartoon style adverts from a distance.

There was no windscreen ticket but a PCN arrived in post 26 days after the 'offence' (these dates are on the PCN) asking for £100 or £60 if paid in 14 days.

I have read MSE stuff and advice saying don't admit who was driving and also that they should have sent the PCN within 14 days
So do I appeal citing:
1: inadequate signage
2: late arrival of PCN
3: the fact that money was spent there and the car park was used as intended
Or all 3 at once?
Any experienced advice gratefully received.

Fruitcake

First, edit your post because you have revealed who was driving even though you say you know you shouldn't. Only refer to The Driver and The Keeper, and Occupants of the car.

Next, send the BPA template in blue from the NEWBIES thread. Copy and paste and send.

Next, complain to the store manager that you were an occupant of the car and a genuine customer, so you expect this to be cancelled.

Then, you read up on how to beat the scammers at PoPLA using all the template appeal points available to you from post 3 of the NEWBIES.

You need to spend more time reading the NEWBIES so you understand how the scam industry works, and therefore learn how to beat the scammers.

dorcas.w

Thanks Fruitcake - I had read the newbies post and am amending the response I send accordingly, but was still unsure about whether to add the fact the notice didn't arrive within 14 days and receipts. Reading it again I don't think there is any reason not to, so fingers crossed!

Fruitcake

dorcas.w wrote: »

Thanks Fruitcake - I had read the newbies post and am amending the response I send accordingly, but was still unsure about whether to add the fact the notice didn't arrive within 14 days and receipts. Reading it again I don't think there is any reason not to, so fingers crossed!

There is always the danger of giving away the driver's identity when adding things to the template appeal, that's why it is not normally recommended.

dorcas.w

This is what I have sent - hope that doesn't give any more away but the template doesn't have anything about them not complying with rules on time limits. My additions are in italics.

I challenge this 'PCN' as keeper of the car. The additions are in italics.
I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

In addition the alleged offence took place on 22/04/17 and this PCN was received more than 14 days after, on 20/05/17, and therefore does not comply with schedule 4 of POFA 2012.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me, or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

In order to resolve the dispute I attach copies of the driver’s receipts that day showing they were a genuine customer.

Fruitcake

That looks OK to me.

Coupon-mad

Looks good; should be enough for CEL to just fold.

I know someone called Dorcas, the only person I've ever known with that name...very unusual!

dorcas.w

Thanks guys - I'll let you know what happens.

dorcas.w

I've never met another Dorcas - maybe it is me & we know each other! There are lots on FB but seem to be mostly African or carribean (biblical name you see) & Shakespeare.:)

dorcas.w

SUCCESS! Just to let you know I had a letter today from Civil enforcement saying parking notice has been cancelled. Thank you so much everyone for the advice and help.

Coupon-mad

Great! The Dorcas I know of, has a double-barrelled surname...not you?