Civil Enforcement Ltd (CEL) – POPLA Appeal Advice

Han_Solo

Hello,

Firstly, thanks for all the great advice on this forum it has proved extremely helpful in constructing my POPLA appeal.

A little background:
I received an NTK from CEL dated 20 Mar 2019 because their ANPR cameras recorded my vehicle at Connaught House Hotel, London on 17 Mar 2019. In short, the driver was a customer in the bar of Connaught House Hotel, but didn't notice the signs requesting the vehicle registration number be submitted to validate parking (nor did any staff mention it). The driver was a first-time customer and also unfamiliar with the area so a little distracted when entering the car park.

I followed the advice in the newbies thread so attempted to contact Connaught House Hotel in the first instance. Their reply was dismissive and unhelpful. Basically they claimed that they cannot interfere in the PCN process and that I should deal with CEL direct. So I appealed to CEL via their website using the standard template from the newbies thread, which was rejected via a letter dated 2 Apr 2019. A POPLA code was included.

I now intend to appeal via POPLA. I have constructed my argument around these points:
1. The driver was a genuine customer
2. No authority to issue tickets
3. Forbidding signage
4. Signage does not meet the Consumer Acts Regulations 2013
5. Parking charge not stated clearly on signs

Here is a link to the .PDF file I intend to submit (with sensitive details redacted):
[REMOVED]

I would appreciate any advice you can offer.

Thanks in advance.

Quentin

Are your initials ππ?

KeithP

I require this operator to show how the entrance signs appear from a driver's seat...

I would suggest that that is for you to show.

Han_Solo

Sorry Quentin, where are you seeing ππ?

Quentin wrote: »

Are your initials ππ?

Han_Solo

I admit that section was largely a copy-paste of a post by Coupon-mad. Perhaps I will look to rephrase/remove. Thanks.

KeithP wrote: »

I would suggest that that is for you to show.

Coupon-mad

I followed the advice in the newbies thread so attempted to contact Connaught House Hotel in the first instance. Their reply was dismissive and unhelpful. Basically they claimed that they cannot interfere in the PCN process and that I should deal with CEL direct.

They can. Try again, escalate it to a higher manager (national chain?). It's their fault for NOT taking control of the system and telling ALL patrons about it.

Your POPLA code will keep for 32 days from the date on the rejection letter.

ABSOLUTELY EXHAUST the complaint before POPLA, as these are so much easier to cancel before the PPC scumbags have to waste money at POPLA.

Quentin

Han_Solo wrote: »

Sorry Quentin, where are you seeing ππ?

If those are your initials then remove the link to the image hosting site immediately

Han_Solo

Okay, thanks. I will try again. I didn't have evidence of payment when I sent the email, hopefully now they will verify it against their records and do the right thing.

Coupon-mad wrote: »

They can. Try again, escalate it to a higher manager (national chain?). It's their fault for NOT taking control of the system and telling ALL patrons about it.

Your POPLA code will keep for 32 days from the date on the rejection letter.

ABSOLUTELY EXHAUST the complaint before POPLA, as these are so much easier to cancel before the PPC scumbags have to waste money at POPLA.

Coupon-mad

You need to be robust and insistent.

Read BS Newbie's thread for inspiration.

Han_Solo

I've sent another message, including the evidence of payment and asking them to confirm it against their records.

I will report back with their response. Fingers crossed...

Coupon-mad wrote: »

You need to be robust and insistent.

Read BS Newbie's thread for inspiration.

Han_Solo

I have received a response, yet another refusal to overturn the decision of CEL. A snippet:

"Although we understand your viewpoint, unfortunately we are unable to overturn the fine issued to you. Indeed it is our land but once a contractual agreement had been made with the carparking [sic] service, they are in their right to enforce the terms and conditions agreed. This is why we have made the extra effort to ensure our customers are aware of the parking rules and restrictions."

I believe I have reasonable grounds to expect a successful POPLA appeal. Therefore is it best to go that route as I appear to be getting nowhere dealing directly with the landowner? They make no mention of the payment that I asked them to confirm. By not refuting it, does that potentially strengthen any appeal? Is it worth including the emails exchanged with the landowner as an addendum to the .PDF file?

Thanks.