Received PCN from Civil Enforcement LTD

thebigmac

Hello, I'm just looking for some advice after reading some of the posts here.

I received a PCN from Civil Enformcement LTD on the 15/03/18 from an alleged incident that happened on 24/02/18 despite knowing an occupant paid for the ticket! Stupidly, the occupant has now thrown the ticket away logically thinking there was no need to keep it since they had payed and wasn't expecting any PCN's. It feels like the registration of my car was just pulled from a hat, hence why i'm here trying to fight it.

I've read some of the posts here and have emailed CEL directly, however, i've still not heard anything back since early this week. Here is what I found from this forum and used my information instead:

[COLOR=rgb( 51 , 51 , 51 )][FONT=&quot]Dear Sir or Madam,[/FONT][/COLOR][FONT=&quot]

[/FONT][COLOR=rgb( 51 , 51 , 51 )][FONT=&quot]Re. Parking Charge Notice No. XXXXXXXXXX[/FONT][/COLOR][FONT=&quot]

I am writing to you as the registered keeper of the vehicle ________.

The issued notice to keeper states, "It is the driver's responsibility to pay this PCN", but you have neither named the driver nor produced any evidence as to the identity of the driver at the time of the incident. As the keeper of the vehicle, I am exercising my right not to name the driver. There will be no admissions as to who was driving and no assumptions can be made.

Furthermore, the Protection of Freedoms Act 2012 Schedule 4 Paragraph 9(5) stipulates that for keeper liability to apply, the keeper must receive a notice to keeper within 14 days of the incident. Your notice to keeper states the incident date as 24th February 2018 and shows an issue date of 15th March 2018, with the postal franking on the envelope also proving that the notice was posted on 15th March 2018. According to my calculations, to comply with POFA 2012 the notice to keeper should have arrived no later than 9th March 2018 and therefore as keeper I cannot be held liable.

I thereby respectfully request that you cancel the charge. Should you reject my appeal, please supply a POPLA code.

Yours faithfully,[/FONT]

Name & Address

Not sure if i've done or said the right thing as there's so much information to take in. I'm just wondering on what to do next as they have still not responded and I dont want the charge to increase.

Thanks for any input and advice.

Umkomaas

They have 35 days to respond.

Your appeal is fine and hopefully CEL will realise they're cornered. If they're daft enough to let it get to POPLA, then a POPLA appeal, using the NEWBIES FAQ sticky, post #3 as your guide, will see them off.

Just checking - it's not a hire/lease/company vehicle involved?

One other point. What method does the NtK require you appeal via? Does it include email?

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

thebigmac

Hi, thanks for the fast replies.

I'm the registered keeper of the vehicle and no hire or lease vehicle were involved. I'll have to read the PCN they sent me when I get home as I can't remember how they request to submit an appeal but I have emailed them directly with the email that was provided on the PCN.

I was genuinely shocked to see a PCN in the post knowing 100% an occupant payed. I'll check out the links when I get home. Thanks again.

nosferatu1001

Knowing an occupant of the vehicel paid.

Edit your post. Dont even hint at something that could be the drivers identity.

thebigmac

Thanks for highlighting that :beer:

Umkomaas

I'll have to read the PCN they sent me when I get home as I can't remember how they request to submit an appeal but I have emailed them directly with the email that was provided on the PCN.

It's very important you use the method they require, otherwise they are very likely to ignore your appeal - and you won't get a POPLA Code. Go past their 28 day appeal window and you'll never squeeze a POPLA Code from them - then you're likely, with CEL, to get a court claim against you.

nosferatu1001

Not the definite article
AN occupant paid. THE occupant means only one person occupied the vehicle, which unless you have a self driving car, woudl be the driver....

thebigmac

You can submit an appeal via their website. Is it worth sending over a copy of my appeal to their website? or just follow the appeal procedure on the PCN?

KeithP

Read again the first sentence of Umkomaas' post #7:

Umkomaas wrote: »

It's very important you use the method they require, otherwise they are very likely to ignore your appeal - and you won't get a POPLA Code.

thebigmac

I looked at the PCN and it does state that appeals can be made via email or in the post. I've emailed them last week and still waiting to hear a response. I'm just worried about them issuing a CCJ, looks like i'll just have to sit an wait.