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PCN from CEL LTD advice

Feanor1971
Feanor1971 Posts: 5 Forumite
edited 18 June 2018 at 9:16AM in Parking tickets, fines & parking
Hi,

I hope someone can help me.

A driver recently parked for the day in a hotel car park that is often used by colleagues at work. It was the first and only they used this car park and on that day the driver went to see the receptionist and asked what they needed to do. The receptionist asked for the driver's Car registration and initials and they paid the fee for the day and provided a receipt. The receptionist didn't advise the driver to do anything else.

Roll forward 6 weeks and the driver received a PCN From Civil Enforcement Ltd. They were obviously shocked to receive it and can no longer find the receipt. The driver contacted the Hotel to see if they could find a record of the stay. They were able to forward an image from their computer which proved the driver had paid for the day, with the correct date and registration. The driver was relieved but puzzled why they had received the charge. The hotel said the driver had failed to enter their registration on an electronic keypad inside even though the receptionist never mentioned they had to do this and as the driver had already provided the registration then why would they need to anyway?

The driver is about to appeal to CEL, but was hoping for advice or the correct wording. Does the driver have a good case for appeal? This seems extraordinarily unfair seeing as the driver paid the correct fee.

Many thanks.
«1

Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    OH dear, these hotels are being sucked in by the
    CEL scam

    You case is perfect to win but don't expect CEL to
    listen to you as they are only money junkies

    First thing to do is to contact the CEO of the hotel
    requesting he cancels and at the same time to
    re-train his staff before other customers get scammed

    Which hotel please

    On this forum, it is expected that you carefully read
    the Newbies thread before we continue.


    More reading .... CEL

    http://parking-prankster.blogspot.com/search?q=cel
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 18 June 2018 at 9:03AM
    Obviously the signage was not very prominent either.


    In addition to BG's advice, read the newbies thread and use the template appeal, do not state who was driving, you could include the hotel print out but they are unlikely to uphold the appeal, they aren't interested in cancelling it make no money for them.


    What ever you do you don't want to give the scammers anything to indicate who the driver was.



    If you have only just received the PCN from an ANPR system they cannot hold the keeper liable.
  • Umkomaas
    Umkomaas Posts: 43,801 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just use the one size fits all template from the NEWBIES FAQ sticky, post #1. CEL quite often cancel the charge on receipt of this. Do not alter it. But if you've got something from the hotel to show the fee was paid, you could copy that with the appeal with the sentence 'Please find attached proof from xxx Hotel that the driver* paid for parking on xx/xx/xxxx'.

    *The identity of the driver should never be revealed, that's why it's never 'I, me or myself'. You need to edit your first post as you've identified the driver frequently in it. Parking companies read the forum and can use 'admissions' against you.
    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
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    You would win this hands down in court, but, from what you have said, you have done nothing wrong, why should you have to spend any time sorting it out.


    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.
    You never know how far you can go until you go too far.
  • Fruitcake
    Fruitcake Posts: 59,484 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 18 June 2018 at 9:10AM
    If you haven't revealed the driver's identity to the hotel or PPC, then you need to edit your post to remove information about who parked.
    Only ever refer to The Driver and The Keeper, who are two different people. ;)

    Please do complain to your MP about this unregulated scam, and complain to the hotel CEO/manager as advised. Leave negative feedback on Trapadvisor etcetera to warn others that an unregulated bunch of scammers operate there to rip off genuine customers.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    If you haven't revealed the driver's identity to the hotel or PPC, then you need to edit your post to remove information about who parked.

    Why do you think that this is important FC? IMO the poster would fare better in court by not hiding behind POFA. .
    You never know how far you can go until you go too far.
  • Feanor1971
    Feanor1971 Posts: 5 Forumite
    edited 18 June 2018 at 9:52AM
    Thanks for all the advice it is very much appreciated. I have edited the original post as advised and got the required template appeal response ready to send. Reading the sticky post it is suggested I appeal online, which I am now trying to do. However even though I am entering the correct registration, PCN number and my postcode it is stating the details are invalid so won't allow me to go any further. Is this another con by Civil Enforcement Ltd?
    I intend to complain to the Hotel and the local MP over this, it's a disgrace.
  • Umkomaas
    Umkomaas Posts: 43,801 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    By what method(s) do CEL require appeals to be lodged? At the back of my mind is something about them requiring them via post? Do they offer an electronic method?
    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
  • Yes and even refer to it in the letter received stating that You can appeal in writing only through their website or by post within 28 days.
  • Umkomaas
    Umkomaas Posts: 43,801 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    However even though I am entering the correct registration, PCN number and my postcode it is stating the details are invalid so won't allow me to go any further.
    There's a possibility that they have cancelled the charge. Go through the motions of trying to pay the charge via their 'Pay My Parking Charge' (or whatever they call it) portal. That will give you the current status of the charge. Take screen dumps of each page, especially those that state they don't recognise the charge, or that it's been cancelled.

    Come back with what you find.
    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
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