Weld Road, Southport, ticket within 15 minutes, Civil Enforcement Ltd

beaslon

Received a PCN from Civil Enforcement limited in the post, claiming payment not made in accordance with terms displayed on signage. date 18/05/19

I have submitted the standard template appeal on CEs website and had the standard appeal rejection letter through, dated 05/06/19 and includes a POPLA code.
I have been reading through the forum for the last few days in order to put together a POPLA appeal. I've also contacted the business visited on the day to ask for photographs of signage locations and the details of the landowner.
I have landowner details, so I am going to make a complaint to the landowner and an appeal to POPLA.

I have been looking for a complaint template to send to the landowner but I've not managed to find any so far, so I would appreciate some help and guidance so I can quickly send the complaint and appeal and have this done with.

Thanks in advance!

Le_Kirk

There are no templates for complaints to landowner as they are all different and related to YOUR situation. Just be calm, indignant, polite and tell them what you want (cancellation of ticket/invoice) because ..... If it is a retail site, then point to the loss of earnings when you/your family/friends take their business elsewhere.

beaslon

Thanks, I will get on with that and post results.

beaslon

This is the letter of complaint I am about to send to the landowner. I would appreciate some feedback or advice if possible before I send it over.



Dear

---

I understand you are the landowner of the car park at 51 Weld Road in Birkdale.

This email is to make a complaint about Civil Enforcement Ltd, who operate parking on this land.


I have recently received a parking charge notice from Civil Enforcement Ltd regarding my vehicle being parked on 18/05/19. This is in spite of the fact that a valid ticket was purchased for the vehicle (photocopy attached) which was valid for more than the duration of the stay. The parking charge states that payment was not made in accordance with terms displayed on signage, but it fails to explain what these terms were.

With regards to signage, there is none whatsoever on entry. On entry, the vehicle was picked up by ANPR cameras, but there was no signage to inform vistors that this would be the case. There is a requirement to inform motorists of both the presence of ANPR and its intended purpose.

Private parking companies are also required to display signage clearly and visibly that state the terms of the contract of use of the car park, making particularly clear in large lettering, the details of any charges and fines.

There is only one such sign in the car park, that does not meet these standards, and it is next to the ticket machine, perpendicular to the road approaching the car parking area and as such is impossible for any motorist to see on entry. (images attached)

As such, Civil Enforcement are operating incorrectly, and have no right to issue penalty charges, and as stated before, there is in any case a valid ticket for parking. I have made this appeal to Civil Enforcement Ltd but they have rejected the appeal and I am now appealing at the POPLA stage (Civil Enforcements regulatory body).

However, as the landowner, this company is misrepresenting your interests by deterring customers and visitors to the car parking and businesses here with harassment, bullying and inappropriate conduct.

I am therefore asking that you consider your agreement with this company, and that you contact them to cancel this parking charge notice on the grounds that it is unfair, unfounded and is intended to punish a legitimate and paying visitor to one of the businesses that operates on your land.

I would add that receiving a fine, which is £100 or (£60 if paid early) is both frustrating and distressing, and has caused me a great deal of stress since receiving the notice on 23/05/2019. A motorist making a visit to a business and following the rules should not result in intimidating letters and large threatening financial burdens.

The details of the charge are on the photocopies attached, but here are the reference numbers:

PCN number

---

Vehicle reg

---

date 18/05/2019

Many thanks for your assistance in this matter

---

thanks

Fruitcake

I suggest you correct the references to fines and penalties. Whilst it is not hugely important here, it is crucial to use the correct terminology should this get to court.

I suggest you also slip in the term, "unregulated industry" or similar, as well as quoting the comments in red from post 1 of the NEWBIES made by our MPs in open parliament.

Also state that this has put you and your family off visiting the site again and will not return unless this charge is cancelled.

Complain to your MP about this unregulated scam and tell the landowner you have done so.

beaslon

Thanks, when you say correct references to fines and penalties, what is the correct terminology in this case?

beamerguy

Anyone who employs CEL has not done their homework

Worth adding this link
https://parking-prankster.blogspot.com/search?q=cel

beamerguy

beaslon wrote: »

Thanks, when you say correct references to fines and penalties, what is the correct terminology in this case?

An INVOICE

Fruitcake

beamerguy wrote: »

An INVOICE

Or unregulated parking charge, aka a scamvoice.

beaslon

Had the following reply:

Hi

---

I’m sorry you’re not happy about receiving a ticket and having been on the receiving end of them myself I know how frustrating it can be. With that in mind I try to help people out where PCN’s have been sent in error.

I’ve had a look through your photos and from what I can see they contradict what you’ve then written. Your ticket was purchased at 16:08 whereas the PCN photo shows you entering the car park at 15:50 – 18 minutes before hand, so your ticket was not valid for ‘more than the duration of the stay’. The terms on the signage which you’ve sent a photo of states that very clearly, twice, right in the middle, that payment must be made with 15 minutes of arrival, which you did not do, and this is why you have received the PCN. When the system was implemented the company wanted to have this set as their standard which is 10 minutes, but I requested it be changed to 15 as I felt that gave people more than fair chance to purchase a ticket. Finally you’ve sent a photo of the sign which you drive past on entry, and then walk back past on exit, but then you’re written that there is no signage on entry.

The photos you’ve sent show the PCN is valid and I’m afraid to say there is no reason for me to get involved in this instance. Whilst it’s completely up to you what you do going forward I would advise just paying it and moving on – as you’ve noted below being chased by these companies it not a pleasant thing. I would also just add a note to say that the owners of the land receive none of the revenue from PCNs, it is all goes to the car park company, so they have no vested interest either way if you pay or not.

Thank you for letting me know about the signs in the rest of the car park which must have taken down – I will let the car park company know so they can sent someone to put them back up again.

Kind regards

The_Deep

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.