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Ticket for daring to use a hand car wash

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  • Umkomaas
    Umkomaas Posts: 43,305 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    So I figured my best option was to defend against CEL. Do you disagree?
    If you can't get a landowner cancellation, I don't disagree.

    It's likely that CEL will issue a court claim, but they aren't there yet. Use your time wisely to bone up on how a claim can be defended by reading the NEWBIES FAQ sticky, post #2 and by doing some searches on the forum using keywords 'CEL Defence'.
    HOW TO USE THE FORUM SEARCH FUNCTION:

    Use the Forum Jump button (one near the top and one near the bottom of this page) to get back to the forum thread list. Just above the threads, on the right, is a heading along a line, next to forum tools, called 'Search this Forum'. Put your key word(s) in and change the default search from 'Show Threads' to 'Show Posts'.
    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
  • Quentin
    Quentin Posts: 40,405 Forumite
    This is your third thread regarding this

    You do need to keep everything in the one thread

    You can see how busy this forum is. Imagine the state it would be in if everyone simply started a new thread at each stage

    You can't expect us to find your threads to get to know the background

    PM a board guide and ask for them to be merged
  • gorilla17
    gorilla17 Posts: 41 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    Second thread actually ;-)

    Apologies, I had completely forgotten I had posted about this at the time. I will ask for the two threads to be merged.

    (the other thread from me relates to a totally separate issue from last year, which seems to have gone away)

    I'm surprised there aren't more posts on here about PCNs issued in error during the use of a car wash. I must have just been unlucky.

    I will try once more to enlist the help of the car wash operator, and find out who the owner of the car park is. I will revert for further advice once I receive the inevitable letter before claim.
  • Umkomaas
    Umkomaas Posts: 43,305 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I will try once more to enlist the help of the car wash operator, and find out who the owner of the car park is.
    Land ownership is very important as you'll need to primarily check that CEL have the landowner's permission to be there in the first place.
    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
  • Crabman
    Crabman Posts: 9,942 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Threads have been merged :)
  • gorilla17
    gorilla17 Posts: 41 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    edited 20 August 2018 at 3:16PM
    IMG_4138.jpg?dl=0

    Trying to attach a photo of the sign from the car park but the attachment doesn't seem to be working.

    There is no mention of the land owner. If it doesn't appear on the signage, is there any other way to find out?

    https://www.dropbox.com/s/kao14lmzu8dr6zh/IMG_4138.jpg?dl=0
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ask HM Land Registry, or ask the local council who pays the non-domestic rates on the land.
  • Half_way
    Half_way Posts: 7,469 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You said the car park, and car wash location backs onto a church, could it be owned by the Church?
    where was/is this car park? and how much was the car wash? (my cars a bit grubby at the moment)


    Again try and find the landowner, they will be jointly and severally liable for the actions of their agents



    As for the parking company, you should be looking at doing a few things, including:
    protecting yourself, should they try court: you need to tell them that your vehicle was not parked in the car park, but waiting to/using the car wash.
    You should also demand that they cancel this parking charge notice with immediate effect, and remove your personal details from their system.


    To whom it may concern at CEL, re parking charge notice #xxxx
    further to recent communications, my vehicle was not parked in the car park, but was there to make use of the car wash, therefore you must, with immediate effect cancel the parking charge notice Your behavior in this matter is unacceptable and needs to improve, save for a full and unreserved apology and confirmation that the charge has been cancelled together with evidence of remedial action to be taken on your behalf remove my personal data form your systems.
    or something like that
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • gorilla17
    gorilla17 Posts: 41 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    Thanks. That's very similar to the wording I used in my initial representation, but they just completely ignored it with "We have no record of a payment made for the above vehicle registration on the day in question. We regret that the Parking Charge remains valid as the ticket was correctly issued in accordance with the terms and conditions stated."

    They're completely ignoring the fact that there's a bloody great sign at the car park entrance, directly under their so-called terms and conditions, which states "Free Parking for Car Wash". So I feel I will be completely wasting my energy if I write to them again saying the same thing.

    The car park in question is in Athenaeum Road, Whetstone, North London, N20 9AL. It's next to St Mary Magdalen's church. I guess it's possible they own it, but it looks like they probably sold it off years ago.

    I can't remember how much I paid for the car wash, but it was probably the usual - £10 or £12. They didn't do a particularly good job, and I sat in a queue for bloody ages. The PCN shows me exiting the car park 58 minutes after entering. I certainly wouldn't recommend them!

    Will keep trying to find out who the landowner is, but my best bet at this stage would probably be to go back and talk to the car wash people. Not easy though, as I'm not around in the day, and they're not around in the evenings. Such a waste of time...!
  • Half_way
    Half_way Posts: 7,469 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    quote]Thanks. That's very similar to the wording I used in my initial representation, but they just completely ignored it with "We have no record of a payment made for the above vehicle registration on the day in question. We regret that the Parking Charge remains valid as the ticket was correctly issued in accordance with the terms and conditions stated."[/quote]


    That looks like a standard generic replys, odds on they havent read your initial complaint - note you are not appealing, as you have nothing to appeal against.

    Will keep trying to find out who the landowner is, but my best bet at this stage would probably be to go back and talk to the car wash people. Not easy though, as I'm not around in the day, and they're not around in the evenings. Such a waste of time...!
    where was/is this car wash?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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