Manchester kfc civil enforcement, letter of notification regarding keeper liability

sunit_k

HELP!!!!

Hi guys, I need some QUICK advice, I received a PCN fine for apprently over-staying in the KFC car park over whatever the duration was (I am 99% confident this is false anyway), so the first letter that came, we COMPLETELY ignored.

BUT NOW.... have received this second letter saying:

"It has been over 30 days since the parking charge has been issued and hte debt remains unpaid....

Therefore in accordance with schedule 4 of the protection of freedoms act 2012....."

It has listed a bunch of waffle, towards the end of letter it says

Please note that the IAS is no longer available at this stage

Unless full payment is received in 14 days we will be left with no alternative but to instruct third party collection agents to start the debt recovery.... further costs may be occured.



PLEASE COULD SOMEONE ADVISE ON HOW TO APPEAL THIS AND PUT IT TO BED PLEASE? THE GENERAL FORUMS AND ADVICE IS CONFUSING, I HAVE IGNORED THE FIRST LETTER, NOW AM STUCK ON WHAT TO DO....


super grateful if you can advise please.... how do I respond, where do I respond, how do I completely refute paying ANY fine please.....


Thanks

Umkomaas

PLEASE COULD SOMEONE ADVISE ON HOW TO APPEAL THIS AND PUT IT TO BED PLEASE? THE GENERAL FORUMS AND ADVICE IS CONFUSING, I HAVE IGNORED THE FIRST LETTER, NOW AM STUCK ON WHAT TO DO....

Probably too late for CEL to consider an appeal, but you could try by using the initial appeal template from the NEWBIES FAQ sticky, post #1.

You can't 'put it to bed' unless you pay it, or you can get the landowner to cancel it. You've missed the opportunity to appeal to POPLA (where you could have put it to bed) by ignoring the first CEL letter.

The only other person who can put this to bed for you is a County Court Judge, any time in the next 6 years, which is the amount of time CEL have to pursue you through the court - and it's likely that they will.

waamo

You are to late now to appeal. Be prepared to be bombarded with debt collectors letters. These can safely be ignored.

You must not ignore a genuine letter before claim or a county court claim form. If you get either of these come back for further advice.

A genuine letter before claim will contain forms for you to complete. If a letter doesn't contain forms it is a debt collectors letter.

The best way to kill this is to get the landowner to cancel the ticket.

sunit_k

The landowner ? It was in a KFC car park, for over-staying, but I am confident I did not overstay at all. Who has the power to now over-turn it?

So is it a case of ignoring the debt letters or is there an actual procedure to appeal this now the second letter has arrived?

Thank you....

KeithP

sunit_k wrote: »

The landowner ? It was in a KFC car park, for over-staying, but I am confident I did not overstay at all. Who has the power to now over-turn it?

Whoever hired the parking company - the landowner.

Have you sought help from KFC? either locally or via Head Office?

sunit_k wrote: »

So is it a case of ignoring the debt letters or is there an actual procedure to appeal this now the second letter has arrived?

You have already been given good advice on that.
What specifically don't you understand in posts #2 and #3 above?

sunit_k

No have not contacted the KFC as yet, but will do now.

I appreciate the advice given, obviously not appealing and being bombarded with demands for payment can be somewhat overwhelming, hence the confusion and questions.

Redx

should have come here when this first arrived , like this thread about one in Hyde for a similar issue , except it wasnt an alleged overstay

https://forums.moneysavingexpert.com/discussion/5936656/civil-enforcement-ltd-pcn

you need to get KFC or the landowner to cancel it , because by ignoring the first letter you created a rod for your own back and must bear the burden of debt collectors and possible court for 6 years

you fell into their trap and foolishly ignored their first letter

sunit_k

Arghhhhhhh, genuinely thought the general advice was to ignore these letters but clearly not the case.

I have contacted the KFC, apart from that now - what would be your advice?

To wait for the next letter which will be the court letter I assume?

Redx

you assume wrong, this will go to debt collection stage and debt collector letters

eventually they may well try an LBC and then an MCOL, WITHIN 6 YEARS , possibly from a Solicitors like B W LEGAL or whoever

your only hope at the moment is a landowner cancellation, by them or KFC or the MA for the car park

IGNORE has not beed advised in over 6 years, not since POFA2012 came in at the beginning of october , 2012

Umkomaas

To wait for the next letter which will be the court letter I assume?

Might be, but before that you might have to put up with some debt collector letters (which can be ignored), but be sensitive to a Letter Before Claim or real court papers, neither of which should be ignored, come back on this thread if you receive either. You could do some advance research in anticipation that CEL will sue by reading the NEWBIES FAQ sticky, post #2.

Please be aware that if you are sued you will need to up your game as there will be much for you to do to defend yourself against by what then will be a claim probably over £300 from CEL (read other CEL cases to see how they jack up their claim). We can provide some limited assistance but we are not a legal advice forum.

Umkomaas

I note you've opened a parallel thread on PePiPoo:

http://forums.pepipoo.com/index.php?showtopic=125062

You realise that you won't get twice the advice, more likely twice the confusion (©️IamEmanresu 2018).