We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Civil Enforcement Ltd

Hi all,



Received a ticked in the post after my wife overstayed her free parking in Costco, Lakeside.

Annoyingly I found these threads too late, and she appealed the ticket online, stating it was Chistmas (traffic), and she is heavily pregnant and had to park at the back of the car park as they don't police their parent & child spaces.



Anyway, they have obviously sent a response to representation stating it has been unsuccessful.



Just wanted to get some advice, as I know now we shouldn't have replied, or used one of the given templates. Is the best thing to just ingore this letter and any others now, or have we shot ourselves in the foot?
«13

Comments

  • Umkomaas
    Umkomaas Posts: 44,330 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Did you get a POPLA Code with the rejection?

    Date of parking event?

    Date on the postal notification?

    Length of overstay?

    Date of the rejection letter?
    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 I did get a POPLA code.



    Date of parking event - 20/12/18
    This rejection letter is dated - 06/02/19
    Date on original letter was - 22/01/19

    Length of overstay - 1hr 12mins
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    and she is heavily pregnant and had to park at the back of the car park as they don't police their parent & child spaces.

    I do not understand, logical fallacy?

    The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

    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 Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

    All five readings are available to watch on the internet, (some 7-8 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.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 44,330 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    KarlD19 wrote: »
    Yes I did get a POPLA code.



    Date of parking event - 20/12/18
    This rejection letter is dated - 06/02/19
    Date on original letter was - 22/01/19

    Length of overstay - 1hr 12mins
    Who is the vehicle's registered keeper?

    Who are CEL pursuing after the initial appeal was sent to them?
    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
  • KarlD19
    KarlD19 Posts: 10 Forumite
    Registered keeper is myself, although it is a privately leased car.



    My wife was the driver but all correspondance names me (initial and rejection). She appealed as if it was me writing the appeal but her being the driver.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    SO you have the V5, despite it being leased?
    This is unusual. Leasing companies are usually the RK.
  • KarlD19
    KarlD19 Posts: 10 Forumite
    Apologies, no I don't - yes, they must be down as the registered keeper.

    However, not sure how they obtained my details to write to me if that's the case?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    From teh leasing company, pretty obviously!

    The number of people who state they are teh RK yet dont have the V5....
  • Coupon-mad
    Coupon-mad Posts: 160,758 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    KarlD19 wrote: »
    My wife was the driver but all correspondence names me (initial and rejection). She appealed as if it was me writing the appeal but her being the driver.
    Thank Goodness she had the sense - or lucky streak - to do that!

    We were about to say that by the driver appealing in her name, she'd ruined the slam dunk 100% winning position that a lessee has!

    But hooray, you were not driving and are the lessee/hirer, and now you will win.

    Just copy any other ANPR POFA paragraph 14 lessee hirer POPLA* appeal.

    *Those are your keywords to search the forum. Change to 'show results as posts'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KarlD19
    KarlD19 Posts: 10 Forumite
    Many thanks for this!

    Is it this thread I am looking at: "parking fines - railway car park"
    There are 3x different ones using the keywords you have provided relating to APCOA and PrivateEye.


    The initial and response letter do not mention Notice to Hirer either, just PCN and "response to representation" (my appeal).



    If you could point me in the direction of the POPLA template letter for a hirer that would be most appreciated - is it the Edna Basher one?


    I'm guessing because the letter arrived over a month after the occurence and is more than 14 days that the postal ticket arrived?


    Apologies, there is just a lot of information and starting to get a little lost!
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354K Banking & Borrowing
  • 254.3K Reduce Debt & Boost Income
  • 455.3K Spending & Discounts
  • 247.1K Work, Benefits & Business
  • 603.7K Mortgages, Homes & Bills
  • 178.3K Life & Family
  • 261.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.