PCN Birmingham Botanical Gardens

teacherplanner

After visiting the Birmingham Botanical Gardens on 10/09/17 for their “free” open day, we parked here from 16:00 till 18:14. When we approached the reception we asked if we needed to register any details and the girl behind the desk said to go straight in. Think she had had a stressful day as she was just waving everyone in. As it was English Heritage open day we walked in.

Basically 8 days later we received a PCN from Civil Enforcement Limited saying that the car park is only free for an hour unless you register your car on the machine in reception and then you get 12 hours free. My wife and I didn’t see any signs but apparently there is signage around and we didn’t have to buy a ticket for entry as it was a free event.

I have appealed the PCN and sent an email to CE Limited, on grounds of signage not being big enough to read and the fact staff told us to go straight in, not heard anything back but imagine they will decline this. I have also asked for a POPLA code.

They are asking for £60 if I pay early or £100 after 28 days.

I haven’t given them any details of who the driver was.

Have also phoned and emailed Birmingham Botanical Gardens and they say as part of their contract they are not allowed to get involved in individual cases and have no rights to over turn PCNs.

I just want to know were I stand legally as I am loathed to pay these cowboys anything.

Any advice on next steps would be greatly appreciated.

Redx

teacherplanner wrote: »

1) I just want to know were I stand legally as I am loathed to pay these cowboys anything.

2) Any advice on next steps would be greatly appreciated.

1) you have the right to go to popla and argue your case there (on legal grounds, like POFA2012 etc)

you have the right to defend yourself in court if the PPC issues an MCOL within 6 years (on legal grounds, like POFA2012 etc)

2) POPLA , see post #3 of the NEWBIES sticky thread

Coupon-mad

I haven’t given them any details of who the driver was.

You will win at POPLA then, if this is a CEL PCN that doesn't talk about the POFA/keeper liability - we've seen two types and usually there's nowt about the keeper being liable.

Not sure why you are worrying, if you've appealed, come back at POPLA stage and stop eyeing the 'discount'. Don't be like this clueless couple, who appear to have forgotten how to Google a scam:

http://www.dailymail.co.uk/news/article-4916834/Mother-fined-60-breastfeeding-baby-hotel-car-park.html

''She says she was forced to pay the £60 fine because she had not heard back from the company within the 14 grace period.''

STOOOOOOOPID!!!!!!!!

teacherplanner

Thank you for your replies.

All the PCN says is the date and the time the car entered and left car park.

The small print says "This notice is issued under Schedule 4 of the Protection of Freedoms Act 2012. You can appeal in writing only.........etc"

Just noticed a bit at the bottom of PCN in tiny writing.
"The reasonable cause for obtaining your details from DVLA is to enable the collection of fees. You may notify the Information Commissioner and/or DVLA if you believe your data has been used inappropriately. It is driver's responsibility to pay the parking charge in respect of the period of parking and parking charges have not been paid in full. The Creditor does not know both the name of the driver and current address for service for the driver. We therefore invite you to pay the unpaid parking charge or if you were not the driver then to notify us the name of the driver and a current address for service for the driver and to pass notice to driver."

System

tiny writing

Called "small print" and does not help CEL's case but if you follow the advice, you'll win at POPLA

teacherplanner

Just a quick update, we appealed this and CEL folded straight away and cancelled the "fine".

Thank you very much to all that helped on this matter and keep up the good work you are doing

Coupon-mad

Great stuff! Thanks for concluding the thread with your success.