Letter before court - POPLA rejection - Co-op store Civil Enforcement Ltd ANPR capture VRN missing

raysuzuki

Hi, I have read all the Newbie FAQs but I am still struggling to find a defence where a vehicle registration WAS indeed entered on an electronic device for 4 Hours Free Parking (visual confirmation noted at the time) but they say registration number was not received on their system!!! I was parked for just 45 minutes and have sent the only confirmation I do have, which is proof of purchase at the Co-op store.

CEL's POLPA evidence did include a list of 80 cars registered in the relevant 2 hour period , however, I have noted 5 attempts have missing VRNs, which to me points to either device or user error. Either way a 6.25% device failure rate does not seem acceptable.

Incidentally, I complained to the Co-op separately and was promised by email that the PCN would be cancelled. However, CEL are refusing to grant Co-op's right of cancellation because it went to POPLA. Now that POPLA have rejected my appeal, CEL will simply not cancel the PCN despite the Co-op requesting they do so (this is according to phone conversations with Co-op management - I have no written evidence). In the meantime, the Co-op have sent me £100 in vouchers as a gesture of goodwill because they failed to cancel PCN as promised (again nothing in writing - just a compliment slip. Some readers may be thinking why not just pay the PCN then!?! BUT why should I? I am extremely loathe to give in and pay CEL £100 for something that is not my fault!

If anyone can offer any advice or point me to a related thread it would be much appreciated.

I have drafted a final appeal to respond to their letter before court but it is so long. However, if it helps with advice I could post it for comments(?)

Coupon-mad

Have you gone and blabbed about who the driver was then? Would have been won on first appeal had you come here when you got the PCN.

Any reply to CEL at LBC stage will not stop the process, so don't bust a gut over it!

These are won at court stage, as per post #2 of the NEWBIES FAQS thread, and almost always, CEL fold with no hearing, when they see a decent WS and evidence once they have harassed you that far.

Have you asked the Co-op to cancel it? Never too late before a claim.

beamerguy

As coupon-mad says ABOVE.....

The Co-op involved with CEL ????

Someone, somewhere is stark raving bonkers IN THE Co-op

AFTER THIS .....
https://parking-prankster.blogspot.com/search?q=cel

raysuzuki

Thanks for the advice. Yes really wish I had discovered this thread when I first received PCN. Anyway, Yes, I have asked Co-op to cancel (see paragraph 3 above to see result of this).

I just one further question re the court stage. I am right in assuming the Small Claims Court applied to will be my local court? Or will it be the court local to the PCN location?

Many thanks for your help

Half_way

Do you have hard evidence, either writing or email that the Co-op said cancel?

beamerguy

raysuzuki wrote: »

Thanks for the advice. Yes really wish I had discovered this thread when I first received PCN. Anyway, Yes, I have asked Co-op to cancel (see paragraph 3 above to see result of this).

I just one further question re the court stage. I am right in assuming the Small Claims Court applied to will be my local court? Or will it be the court local to the PCN location?

Many thanks for your help

Your local court

DO NOT be intimidated by CEL, Stick to your guns despite
whatever they say. When CEL realise you are not a mug,
that is when they discontinue

The Co-op will be as sick to death with the CEL rabble as we
all are. To save face, the Co-op should tell you it has been cancelled
but pay it themselves

raysuzuki

Yeah I have an email trail from the Co-op store manager in which he twice says he will cancel the PCN. The subsequent phone calls revealed that he has a monthly quota of 'cancellations' he can use with CEL. However, CEL - emboldened by the POPLA rejection are refusing to cancel the PCN on the Co-op's request. When I took it higher with the Co-op - this is when they posted me £100 in vouchers due to breaking this promise.

As far I know CEL can't prosecute with landowner's permission - so this all seems very odd.

*** This is East of England Co-op by the way ***

beamerguy

raysuzuki wrote: »

Yeah I have an email trail from the Co-op store manager in which he twice says he will cancel the PCN. The subsequent phone calls revealed that he has a monthly quota of 'cancellations' he can use with CEL. However, CEL - emboldened by the POPLA rejection are refusing to cancel the PCN on the Co-op's request. When I took it higher with the Co-op - this is when they posted me £100 in vouchers due to breaking this promise.

As far I know CEL can't prosecute with landowner's permission - so this all seems very odd.

So, who is running the Co-op nowadays ??

The Co-op or CEL ???

You are not being prosecuted, this is a simple civil
matter.

The POPLA decision means nothing and many times
a court has dismissed a CEL case regardless of what
POPLA has said

Why the Co-op carries on with this motly bunch
we will never know, the one sure fact is that CEL
will lose the Co-op money

Half_way

the quota means sod all, you have confirmation that the principal had instructed to cancel, and yet they have not.
Next, you MUST inform CEL of the cancellation and tell them they must now drop any proceedings cease processing and remove your data from their systems.
It will probably be ignored by CEL, but it will set things up nicely for a counter claim, in your favour, and show any judge that you h have been reasonable, and tried to keep this out of the court system

beamerguy

Totally agree Half-way .....

CEL will huff and puff in their normal pathetic way
but will they risk sitting in front of a judge with this one.

nosferatu1001

Tell them to cancel as they are actung outsuide of their principals express wishes. This means they no longer have authority to operate and are in breach of the code of practice, compliance with whcih is mandatory.