Civil Enforcement Ltd (CEL) – POPLA Appeal Advice

Han_Solo

To clarify: my impatience was not aimed at the forum or its members, but the process. I have had to deal with a PCN once before, but it was in 2013 so it was a far simpler affair. I allowed my emotions to get the better of me.

I very much appreciate the advice made available on this forum and the direct comments received in this thread.

I will feedback once I receive a decision from POPLA.

Han_Solo

Some good news and some bad.

Unfortunately I lost my POPLA appeal, but I did not pay. Instead, I wrote a couple of letters in an attempt to avoid all the pointless debt agency notices and to hopefully make myself awkward enough to deter CEL from pursuing the matter further. Note that I did have some help from a friend who is a practising lawyer.

I appreciate that parking companies can legally pursue tickets for a number of years, but it seems to have worked because all has gone quiet. The last, rather meek, response I received from CEL was back at the very beginning of August at which point I stopped responding. It has been 8 weeks since then and I have received no further correspondence from CEL or anyone acting on their behalf in that time. I guess that because they won't profit from taking the matter to court they have given up (I made it clear that I am prepared to defend myself).

I hope that is the end of it. Thank you all for the assistance.

KeithP

You do realise that they have up to six years to start a court claim against you don't you?

During that time, ensure that CEL always have your current address to avoid a claim going to the wrong place and a Judgment being made against you without you having the opportunity to defend yourself.

Han_Solo

Yes, I acknowledged that in my post above. I will do as you suggest, thanks.

KeithP wrote: »

You do realise that they have up to six years to start a court claim against you don't you?

During that time, ensure that CEL always have your current address to avoid a claim going to the wrong place and a Judgment being made against you without you having the opportunity to defend yourself.

Umkomaas

During that time, ensure that CEL always have your current address to avoid a claim going to the wrong place and a Judgment being made against you without you having the opportunity to defend yourself.

That is what CEL thrive upon. Never take your eye off any possible opportunity for them to catch you unawares.

Han_Solo

Thank you guys. I realise it's not officially the end of the matter, I'm just trying to be optimistic!

If I do move within the six year period, is it acceptable to send my new address via email to dataprotectionofficer@ce-service.co.uk (or the current equivalent at the time) and is the six years measured from the PCN issue date?

Umkomaas

is it acceptable to send my new address via email to dataprotectionofficer@ce-service.co.uk (or the current equivalent at the time)

Should be the right way of dealing with it.

and is the six years measured from the PCN issue date?

We've never got to that stage. Let's argue about that if the occasion arises. Splitting hairs over whether it's the day of the 'contravention', the date of the NtK, the date proceedings are issued (or whatever other dates are thrown into the pot), are all rather nugatory, unless/until the event occurs.

Han_Solo

It seems I haven't been forgotten by CEL after all. In the past month or so I have received correspondence from ZZPS, which I did not reply to, followed recently by a letter from QDR.

The letter from QDR uses language such as "Failure to make payment in full...may mean they will look to obtain a County Court Judgement" (my emphasis). Given the lack of conviction in the language used am I right in thinking this is not a letter before claim? I assume that will follow once the 14 days offered to make payment has expired.

I have stated that the debt is denied in previous direct correspondence with CEL, therefore is it best to simply wait for the letter before claim before taking any further action?

Thanks.

KeithP

Han_Solo wrote: »

...is it best to simply wait for the letter before claim before taking any further action?

Yes it is.

Coupon-mad

And stay on the forum, reading similar cases. And read CEC16's thread first.