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PCN "cancelled" by Creativecarparks but enforced by CE

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Comments

  • wistful
    wistful Posts: 10 Forumite
    Having been away for a few days I get back to find a letter from Civil Enforcement Ltd as follows.

    CONFIRMATION OF CANCELLATION

    We refer to the above matter.

    Please be advised that we have discontinued proceedings for the Claim referred to above, and have notified the Court of the same.

    Result! At last. Thank you so much to everyone on this forum who helped me get this result - especially Coupon-Mad who provided the key advice to email BPA. Wish I’d thought to do this myself ages ago. Does this mean that I no longer have the option to counter claim with very little risk to myself? I had not submitted my defence yet. I was planning to do so today. Presumably no point now?
  • Le_Kirk
    Le_Kirk Posts: 25,142 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Well done, a weight off your mind (and your wallet)!
  • Redx
    Redx Posts: 38,084 Forumite
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    Well done

    Yet Another one bites the dust !!

    Check with the CCBC because if this was at defence stage , no court has been allocated

    Keep checking until the status alters , do not assume it's discontinued until it says so

    If in doubt , submit the defence regardless
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    edited 20 January 2020 at 1:36AM
    As predicted:
    Coupon-mad wrote: »
    Sadly, I think the BPA will get this cancelled and spoil your fun. Let us know!
    But happy to hear it worked; this one was a real scam PCN. I've actually never seen a case like yours at all! Never seen a PCN that was clearly evidenced to be cancelled, later suddenly not be cancelled and lead to a court claim.

    It is shocking that you say POPLA (who call themselves an 'evidence based service') disbelieved your CLEAR evidence and just assumed because the case proceeded wrongly to POPLA, that the PCN was ''not cancelled''!
    Whilst I appreciate the reasons for the appellant's appeal and the evidence of the texts provided which shows that Creativecarparks.co.uk stated that the ticket had been cancelled, I am satisfied that this PCN has not been cancelled as an appeal has been made to POPLA and a case file has been submitted by the operator. This suggests that the operator wishes to continue with this PCN.

    Happy to add - nicely done, Gemma Dorans at the BPA who must have investigated and leant on CEL. Did you get an email fro Gemma?

    Check with the CCBC that they have received a Notice of Discontinuance.

    ANOTHER CEL ONE BITES THE DUST! :T

    Do you fancy making a complaint to POPLA and telling them what happened in the end, and asking why an evidence based service assumed a (proven with evidence) cancelled PCN was still live, purely because 'an appeal was made to POPLA so the operator wants to continue'.

    I'm sorry POPLA, that is not good enough. Make a complaint to John Gallagher explaining what happened and asking him to make sure this NEVER happens again, that POPLA refuse to accept evidence of cancellation and just assume it's not cancelled.

    An evidence based service cannot make that assumption.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Fruitcake
    Fruitcake Posts: 59,484 Forumite
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    Well done, but do get confirmation from the court.

    Do make the complaints to PoPLA and the BPA. and please do complain to your MP about this unregulated scam.
    I married my cousin. I had to...
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