We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

CEL ignored appeal despite acknowledgement via email

goodsausages
goodsausages Posts: 5 Forumite
edited 30 October 2017 at 3:27PM in Parking tickets, fines & parking
Hi all,

I tried to search this forum for something of this nature but returned no results. I will therefore start a new thread (but please let me know if there actually is a relevant thread that I have missed).

I received a PCN early September and I used a template on this forum (saying it fails the test of large lettering etc). I received acknowledgment from the CE appeals email almost straightaway.

I went on holiday for 18 days from 11th Oct and when I came back today, saw a letter from CE saying I have now missed by first payment deadline and I have 14 days to pay before proceeding in debt collection/court action. According to the letter, it is issued on the 9th October.

My question is then do I tell them I have received this, and they have ignored my previous appeal and that they did not reply within 28 days as they said (21 days according to our appeals template), hence this whole case is void? Or is there a better course of action to take right now, as the new 14 days window has passed as I was away?

Thanks
«1

Comments

  • Umkomaas
    Umkomaas Posts: 43,625 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You immediately complain to the BPA and DVLA that CEL has commenced recovery action while your initial appeal has not been determined and ask them to investigate and provide you with a POPLA code.

    You will need to quote from the BPA Code of Practice (read it), the link to which is below:

    http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf

    Complaints to the BPA and DVLA can be emailed to:

    steve.c@britishparking.co.uk

    and DVLA:

    david.dunford@dvla.gsi.gov.uk

    CEL seem to be well out of control at the moment.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thanks! I used article 22.4, 22.6, and 22.9 as examples of how they violated the codes of conduct and asked them investigate, and included my initial appeal in the email and showed them CEL's acknowledgement of receipt. I have also informed CEL appeals I have complained to BPA and DVLA because of their violation and asked them to close off this PCN.

    I wonder if CEL will ignore this also.
  • Hi there, the BPA investigated and it seems that it may have worked. But I received two letters today from CEL one saying it was cancelled and the other were court documents. Should I ring up to confirm cancellation or are they going to "uncancel" it? Anyone had experience of this?

    Thanks in advance
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 15 November 2017 at 8:18PM
    Hi there, the BPA investigated and it seems that it may have worked. But I received two letters today from CEL one saying it was cancelled and the other were court documents. Should I ring up to confirm cancellation or are they going to "uncancel" it? Anyone had experience of this?

    Thanks in advance

    We could comment about the total incompetence of CEL,
    we could say a lot about CEL but their rubbish is clearly
    shown on this forum and the Parking Prankster

    You now have a letter saying it was cancelled, that's
    the key one you need because if these idiots take it
    court, you show the judge the cancellation letter
    and claim your costs. It's slam dunk for you:)

    Why tell them, let them screw it up for themselves.
    as they are currently doing elsewhere

    Is this a real court claim or just a threat. ???
    If its real then you need to defend and go to court
    and let a judge give CEL the dressing down which is overdue
  • Umkomaas
    Umkomaas Posts: 43,625 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They are, as I said, out of control.

    What ‘court documents’ have you received? Please be more specific. Once we can be sure of what you’ve received, I think you’re going to have to fire off another complaint to the BPA and the DVLA.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Hi Thansk for the quick reply. I misread and It's a letter before action and they racked the penalty up to £140. They attached draft particulars of claim and the parkingeye court case.

    Does it matter that they sent a cancellation of fine letter which is hand signed?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    ignore the LBA

    keep all paperwork handy

    come back if you receive an MCOL from Northampton CCBC though
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    the BPA have told them to cancel , they are not happy and simply cancelled then fired in again ,

    back to the BPA , you have still not been given a POPLa code , and they are continuing action whilst an appeal is in place

    CEL are taking the $%i$ out of the BPA , I for see a move of IAS very soon

    perhaps they have already handed in a months notice?
    Save a Rachael

    buy a share in crapita
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Hi Thansk for the quick reply. I misread and It's a letter before action and they racked the penalty up to £140. They attached draft particulars of claim and the parkingeye court case.

    Does it matter that they sent a cancellation of fine letter which is hand signed?

    HA !! you are dealing with a company who need Physiatric help urgently.
    YOU HAVE A CANCELLATION LETTER and that's it.

    They can do you no damage, but you, can DO damage
    and that's with the BPA and DVLA to get them banned
  • Thank you for the quick reply guys - really appreciate your help throughout!! Interesting replies so two options I guess:
    1. Ignore and use my documents including the cancellation to win the court case if they're stupid enough to go through with it (assuming it's gonna be 100% win rate with this cancellation)

    2. Complain to BPA and DVLA again outlining what happened and bring up the relevant BPA codes

    Question is Which one ��
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.7K Banking & Borrowing
  • 253.4K Reduce Debt & Boost Income
  • 454K Spending & Discounts
  • 244.7K Work, Benefits & Business
  • 600.1K Mortgages, Homes & Bills
  • 177.3K Life & Family
  • 258.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.