Port of Wells - all day ticket purchased but PCN still received

newuser2011

Hi Deep,

Thanks. From previous messages on MSE I thought that whilst this sounds legitimate, it was not necessarily something that others had been successful with arguing? I will do but thought other avenues would be more successful?

Cheers

The_Deep

Thanks. From previous messages on MSE I thought that whilst this sounds legitimate, it was not necessarily something that others had been successful with arguing?

You are misinformed, it is the silver bullet. Read this

https://parking-prankster.blogspot.com/2014/01/prankster-operator-guide-to-winning-at.html

newuser2011

Thanks - i have submitted a fairly simple appeal using one of the templates but also including the bye laws reference. I'll let you know how they respond...

newuser2011

Just to update you I received a cancellation notice from CEL last week.

Below is similar to what I submitted to them if anyone would like to use it (but bear in mind I had bought an all day ticket so they may not have cancelled it due to my letter, they may actually have looked into the case and noticed that I had bought an all day ticket and used the car park twice as the fine related to my second use of the car park).

Thank you to everyone that assisted in this win.


"Dear Sir/Madam,

Parking Charge Notice [XYZ]: Vehicle Registration [ABC 2012]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Civil Enforcement Ltd (“CE”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why CE’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Further, the bye-laws in place at the location in question preclude a PCN of this nature in any case.

Given that CE has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


Yours faithfully,
Donald Duck