CE Ltd - PCN - Success!

JayEFC

First time I used this forum was a couple of weeks ago when I had received a PCN from Civil Enforcement Ltd (Liverpool). I did not subscribe but rather read the threads which were really helpful. So much so that the first letter I sent to the company was successful and little over a week later I received a letter confirming cancellation.

I can't seem to attach a copy of the original letter(s) but the wording for my letter was as follows (taken from another thread):

[I]Re: PCN No. @@@@@@@@@@

I am writing to appeal the above PCN sent to me as the registered keeper of the above vehicle, I was not the driver of the vehicle at the time of the alleged infringement.

As you do not appear to have identified the driver at the time of the alleged infringement, it is assumed that your company intends to rely on the keeper liability provisions of the Protection of Freedoms Act 2012 (PoFA).

Schedule 4 Paragraphs 8 & 9 of the PoFA stipulate the mandatory information that must be included in a Notice to Keeper (NTK), in order for it to be valid. Amongst many other requirements, it stipulates that the NTK must:

!!!61607; Advise that the driver is responsible for the parking charge and the amount, and that it has not been paid in full.

Unfortunately, your company has failed to provide the above information on the NTK and therefore it fails to meet the requirements of Paragraph 6 Schedule 4 of the PoFA in establishing keeper liability.

It is acknowledged that your company provided the required information on the payment slip enclosed with your NTK, however, the High Court ruled in the case of Barnet Council v The Parking Adjudicator 2006 EWHC 2357 that the payment slip constitutes a separate document to the notice to owner. This decision is binding on all lower courts and ombudsman services, including the County Court and POPLA.

As you have failed to establish keeper liability under the PoFA, I will not be making any payment in respect of this PCN. Your alleged contract is with the driver of the vehicle at the time of the alleged infringement, and I am afraid that I am unable to assist you with identifying the driver on the specified date and time.

Please ensure that your reply includes a notice of cancellation of the above PCN.

Yours sincerely,[/I]

I received a notice of cancellation from CE Ltd about a week later!

I hope this helps someone like it did me!

The_Deep

Well done, now make life worse for them.


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 they will be out of business by Christmas.

Castle

JayEFC wrote: »

It is acknowledged that your company provided the required information on the payment slip enclosed with your NTK, however, the High Court ruled in the case of Barnet Council v The Parking Adjudicator 2006 EWHC 2357 that the payment slip constitutes a separate document to the notice to owner. This decision is binding on all lower courts and ombudsman services, including the County Court and POPLA.

Ombudsman services, including POPLA will disagree with that; they can choice to ignore the law if they want to.

sickofpcn

Hi All,

I have also received a parking charge notice from Ce-Services for parking in at Holiday inn express Birmingham on 28th of September which i have just found in post couple of days ago which has now already past 14 and 28 days period i think.

A friend of min came from India and he was staying at Holiday in express we went out for a dinner on the way back he asked me to drop him to his hotel i went to drop him and he asked me come in as he wanted to show me some samples so we were there at reception area for about an hour without knowing any parking restrictions in place and now i have received £100/£60 PCN.

Can anyone help me avoid this, how can i appeal against, do i have a valid case, could i say my friend asked me to drop him or borrowed my car etc?

Coupon-mad

You simply use the template appeal in the NEWBIES thread on page one (see my signature).

sickofpcn

Thank you very much your response

i am new to this forum so still finding my ways around it.

Are you referring to the following response from jayEFC

Re: PCN No. @@@@@@@@@@

I am writing to appeal the above PCN sent to me as the registered keeper of the above vehicle, I was not the driver of the vehicle at the time of the alleged infringement.

As you do not appear to have identified the driver at the time of the alleged infringement, it is assumed that your company intends to rely on the keeper liability provisions of the Protection of Freedoms Act 2012 (PoFA).

Schedule 4 Paragraphs 8 & 9 of the PoFA stipulate the mandatory information that must be included in a Notice to Keeper (NTK), in order for it to be valid. Amongst many other requirements, it stipulates that the NTK must:

!!!61607; Advise that the driver is responsible for the parking charge and the amount, and that it has not been paid in full.

Unfortunately, your company has failed to provide the above information on the NTK and therefore it fails to meet the requirements of Paragraph 6 Schedule 4 of the PoFA in establishing keeper liability.

It is acknowledged that your company provided the required information on the payment slip enclosed with your NTK, however, the High Court ruled in the case of Barnet Council v The Parking Adjudicator 2006 EWHC 2357 that the payment slip constitutes a separate document to the notice to owner. This decision is binding on all lower courts and ombudsman services, including the County Court and POPLA.

As you have failed to establish keeper liability under the PoFA, I will not be making any payment in respect of this PCN. Your alleged contract is with the driver of the vehicle at the time of the alleged infringement, and I am afraid that I am unable to assist you with identifying the driver on the specified date and time.

Please ensure that your reply includes a notice of cancellation of the above PCN.

Yours sincerely,

sickofpcn

I have forwarded previous template to CE LTD but today i have received another letter in post which was obviously sent before my response as the date on the letter is 6th of November and it is as it follows!

I know it might be to early to respond but i would want some one to to advice me on this please.


Date: 06/11/2018
Vehicle Registration: XXXX XXX
PCN Reference: XXXXXXXXX
Date of Incident: 28/09/2018 ( Parked in breach of Terms & Conditions)
Site Details: Holiday inn Express

TO MAKE PAYMENT CALL 0113 822 5020 / VISIT WW.CE-SERVICES.CO.UK


LETTER OF NOTIFICATION REGARDING KEEPERS LIABILITY

Dear Sir/ Madam,

It has been over 30 days since the above Parking Charge Notice (PCN) has been issued to you and debt remains unpaid.

Therefore, in accordance with schedule 4 of the protection of Freedoms Act 2012 as the Registered Keeper of the above vehicle, You are now liable for the full amount outstanding for this PCN for the reasons listed below.

You have failed to provide us with any information as requested by the Notice to Keeper; Or
You have failed to provide the full, correct name of the driver and their current address fro service
You have identified someone who has denied being the driver at the time of the parking event mentioned above or has not responded at the address provided; or
You are a Hire or Leasing company and have not provided the full documentation and information required by the Protection of Freedoms Act 2012 in order us to transfer liability for this Parking Charge Notice.

Payments can be made by calling xxxxxxxxxxxxxx via our website on xxxxxxxxxxxxxxx or by sending a cheque or postal order to Civil Enforcement Ltd,xxxxxxxx xxxxxxxx xxxxxxxxxx xxxxxx xxxx

Please note that the IAS ( Independednt Appeal Service) is no longer available at this stage.

Unless full payment is received within 14 days we will be left with no alternative but to instruct third party collection agents to start the debt recovery process. Further Costs May be incurred

Umkomaas

@sickofpcn. As this thread is marked off as a 'Success', it's not going to attract much attention from hard pressed forum regulars. So why are you posting (hijacking) a thread which to all intents and purposes is done, dusted - and dead?

Why aren't you starting your own?