Received PCN from Civil Enforcement LTD

Umkomaas

I'm just worried about them issuing a CCJ, looks like i'll just have to sit an wait.

Who is going to issue a CCJ? The answer is in what the 'J' represents - 'Judgment'.

CEL can't deliver any kind of legal judgment.

Fruitcake

You can't just be issued with a CCJ. It just isn't possible except in daytime TV land. You would have to have lost in court, failed to pay the costs, had a judgement against you for costs, and failed to pay that to get a CCJ.


There is a whole process the scammers have to follow, and that would only come, if at all, after PoPLA, and only if you somehow managed to lose at PoPLA with a golden ticket.

thebigmac

I'm new to all these proceedings, so i'm still learning how this all works. I take it they're not responding to my email in order to get me sweating then I cough up the money?

Umkomaas

thebigmac wrote: »

I'm new to all these proceedings, so i'm still learning how this all works. I take it they're not responding to my email in order to get me sweating then I cough up the money?

How many days since you submitted your appeal to them?

thebigmac

It's been a total of 8 days. Someone did say further up that they have 35 days to respond but am I to expect another letter from them saying the fine has increased before they respond to my appeal?

Umkomaas

It's been a total of 8 days. Someone did say further up that they have 35 days to respond

Yep, that was me! Why don't you just accept what I've advised? You'll get nothing in just 8 days.

but am I to expect another letter from them saying the fine has increased before they respond to my appeal?

They shouldn't seek an increase (BPA Code of Practice 22.6), but this is an unregulated industry, so expect anything and everything, then you won't be shocked or caught off guard.

http://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2018.pdf

Loadsofchildren123

The general business model of PPCs is this:
- Issue a parking charge notice ("PCN") (cunningly disguised as and named after a council Penalty Charge Notice which, as you know, you must pay). Most people think it's the same as a council PCN so pay up.
- For the non-payers, bombard them with debt collector letters and sometimes phone calls telling you to pay and adding on admin charges. Many people pay up at this stage.
- For the still non-payers, carry on with the debt collector letters but this time disguise them as solicitors letters
- For the still non-payers, send a proper solicitor's letter before claim threatening legal action (a "LBC").
- For the still non-payers, issue a claim. Many people either pay up at this stage, fearing a CCJ, or some defend very badly (others just don't turn up at court, others have moved house during the intervening months/years and have no idea that proceedings have been issued).
- Defended cases are treated as "loss leaders". Although the PPC can't get costs, it pays a duff legal representative a few £100 to turn up and argue the case (so even if they win, it's cost them more to pursue it). No thought is ever put into whether the D actually has a defence. There are so few of these, the PPC just doesn't care and it isn't cost effective for anyone to actually apply their 3 brain cells to whether or not there is a good defence.


CEL has a slightly different business model. As above, but at the final stage they don't treat well defended cases as loss leaders: they withdraw. But they don't do this at the start, only near to the final hearing, when the time comes to pay the hearing fee. They also don't use solicitors but do it all in-house.

So all you have to do with CEL is put in a well argued sensible defence, and eventually they will go away. Of course, one day CEL may change their business model and do what the others do, but to date this has not happened.

So be glad you've got CEL. Put in some work defending (with forum help) and they'll eventually drop it.

thebigmac

I really didn't have time to deal with all the mither of all of this, so i decided to just pay it today. However, when ringing their number on the PCN it says there's no outstanding balance. They have not contacted me since my email to them. Should I assume they have dropped the charge? I did ring twice to make sure and both times it said there was no outstanding balance.

Umkomaas

Should I assume they have dropped the charge?

Assume nothing until you have it in writing. Is there access to the 'balance' via a weblink on their website? If so, get a screen grab.

I really didn't have time to deal with all the mither of all of this, so i decided to just pay it today.

Sorry, but if you don't have time to deal with your problem, I'm sure you'll forgive regulars here if they spend no more of their own time on it.

Fruitcake

You find copying and pasting a mither, and then decide to
1) Pay a scammer
2) 'Phone a scammer

Sometimes I wonder why the regulars on here even bother to give up their time and help people, for free, when they see a sad response like this.

I find this attitude very disheartening so I shall endeavour to find someone who actually wants to be helped, instead of funding this disgusting unregulated scam.