Parking fine from Civil Enforcement ltd - Courtesy car

tashou17

Hi There,

I am new to the Forum and have read quite a few threads but none that exactly match my case.
I received a PCN from CEL. for parking for 12 mins at 237- 259 Greenwich high road.

On this particular day I was with my 6 month old baby and needed to pull over and stop as she was crying histerically (Anybody that know this area knows its not an easy area to pull over and park in). I only stopped for what I thought was a short amount of time and when I got out to read the sign i'm sure it said that there was a 10 min grace period to buy a ticket. when I checked the time I thought I was within this time limit and so quickly strapped the baby in and drove off.

Now I have read the threads and seen the templates which normally would be great however here is my problem. I was in a courtesy car which was lent to me from my dealership while they fixed my car. It has been well over a month since the incident occurred but I cant use the time frame argument as I suspect they had to wait for the dealership to give details of who they thought was driving.

So how can I go about appealing the ticket? As I cant pull the keepers rights card either. I toyed with just using the beginning of the template and removing the statement of 'keeper' and just stating that they haven't named the driver (the letter is just addressed to my household Sir name not my full name), but i'm not sure that's going to be enough.

Is there anything else I can use as my defence? I won against a Lidl's car park ticket by saying I had to stop and breast feed. could this work again? or is there any other sort of technical grounds I could get them to revoke the PCN on?

Any help would be much appreciated :A

Thank you

KeithP

You are effectively the hirer of the car.

Read the section of post #1 of the NEWBIES FAQ sticky thread which covers hire cars. It's towards the bottom of that post.

pogofish

Newbies Sticky post 1 2:2 covers your situation exactly and your calling this a "fine" suggests you need to read it again, properly.

tashou17

thanks for your responses. I have written a response and sent it. Hopefully your help will result in success.

Umkomaas

I have written a response and sent it.

What exactly have you written?

Coupon-mad

Also I hope you didn't post it snail mail, against the sticky thread advice?

tashou17

Hi All

I just wanted to let you know. That I sent a response and sent it via the online form and the email address on the back of the PCN.

I am pleased to inform you that a week later I received a letter in the post informing me that the PCN had been cancelled and no further action will be taken. See below what I sent for anyone else it might help.



"Dear Sir or Madam,

Re. Parking Charge Notice No. Xxxxxx

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to the addressee XX. I confirm that as the leasee of this vehicle at the time, I was its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) however I would like to bring to your attention that the PCN states that "It is the driver's responsibility to pay this PCN". You have not produced any evidence as to the identity of the driver at the time of the incident and there will be no admissions as to who was driving and no assumptions can be made. and I write to formally challenge the validity of this PCN.

Furthermore you will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why your Notice does not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that Civil Enforcement Ltd has forefited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


Yours faithfully,

Xxxxx


:j

__________________________________________________ _____________________

Coupon-mad

Well done!

Don't collect any more though, as CEL have started to use POFA words n the back of their new style NTKs.