PCN - Civil Enforcement LTD - Appeal Refusal

wjblar

Long story short.
I received a PCN 23/10/18, incident date: 14/10/18.
I was 2 minutes (literally) over the 90 minutes stay, probably due to feeding my 3 month old baby. I appealed the decision as the signs in the car park are sporadically placed, extremely high, and to be quite frank, I didn't see a single one.

They refused the appeal and I received a letter from CEL based on their knowledge of there being many "clear and visible signs displayed" and a "continuous log confirming that the signage remains in place".
We were there with a friend (in 2 separate cars), they also received a PCN and appealed, but they won the appeal. I, obviously, didn't.

They provided me with a POPLA code to take it further, which I 100% am going to do.
Due to getting married and moving house, I have only just received the letter from CEL and I have just over a week left of the 28 days.

I have called the place where I was parked to get them to cancel it, and I have to call back tomorrow morning as the manager isn't in today and the assistant manager needs approval to do so.

I'm not worried about it because I know either way, whether I win the appeal or the company cancels it, I won't be paying the PCN. It's just extremely stressful and I want to get it over with.

Should I continue with my POPLA appeal and send pne off today? Or, should I just wait until tomorrow morning when I call the company and see if they're going to cancel it? Or both?

Redx

I would wait a few days because the popla code will last 33 days, not the 28 quoted

definitely see about getting it cancelled due to the EQUALITY ACT 2010

meanwhile, read the BPA CoP clause #13 about GRACE PERIODS as you are entitled to 10 or more minutes, so 2 minutes is irrelevant. complain to the BPA AOS email teram about CEL not abiding by the BPA CoP clause #13 as a clear breach asap and enclose copies of all paperwork and a brief timeline as well (a summary)

good luck

ps:- if you do put in a popla appeal this week, post it on here first for checking, you can see examples and advice in post #3 of the NEWBIES FAQ sticky thread near the top of this forum

regards

wjblar

I contacted the establishment this morning and they have cancelled it. I said about the grave period, she took my PCN number, and cancelled it. The system said they will no longer contact me about it.

Should I, or do I now need to contact CEL about it being cancelled so it's on record, or should I just leave it be?

beamerguy

wjblar wrote: »

I contacted the establishment this morning and they have cancelled it. I said about the grave period, she took my PCN number, and cancelled it. The system said they will no longer contact me about it.

Should I, or do I now need to contact CEL about it being cancelled so it's on record, or should I just leave it be?

That's good news. You do need this in writing by email or letter

The_Deep

Did you tell them that you were feeding your baby? If so, under the Equality Act 2010 they, probably acted unlawfully in not immediately cancelling it.

Nursing mothers have protected characteristics under the Act, and service providers must make reasonable adjustments.

CEL are aware of this, but chose to ignore it for greed. You should complain to your MP and all the retail outlets serviced by the car park.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.