Parking Charge Notice - Civil Enforcement LTD

nicol1980

Good morning

I received a PCN through the post (not on the windscreen) from civil enforcement LTD asking for £100 for parking in my child’s nursery car park. This notice was issued in Scotland.

It claims my car arrived at 09.02 and left at 17.56. This is incorrect as the camera conveniently picked up my car coming into the car park at 09.02 but did not pick it up leaving 5 mins later (drop off). It then did not pick my car up entering the car park at around 17.50 (pick up) but did pick it up leaving at 17.56 thus claiming the car was there for around 9 hours. This seems a little too convenient therefore, I think it’s deliberate.

Rightly or wrongly I have ignored the letter and destroyed it. I then ignored and destroyed subsequent letters from both Civil enforcement LTD and ZZPS.

I have now received a letter from QDR threatening to pass the matter on to Yuill and Kyle solicitors who will look to obtain a decree against me (whatever that is).

I have read the pinned thread and have the following comments.

1. I have tried contacting the landowner to ask for his intervention in this matter as I’m a customer to his business using the car park as intended. I await his response.

2. The template letter doesn’t seem relevant to my situation as I’m not contesting signage or a parking meter just that the allegation is untrue although I can’t prove it as I have no photographic or video evidence of the car being elsewhere during the time (it was parked at home where my wife was working) and the gym she visited only holds CCTV footage for 30 days (which has elapsed).

Finally, to my question.....

If I do not get a favourable response from the landowner should I just send the template letter with slight modifications to the appeals section of the civil enforcement LTD website or wait to respond to a certain type of document being sent in the future?

Thanks

Redx

Too late for any appeals

As this is Scotland they would have to use your simple claims procedure via the sheriff , so nothing like it is in England and Wales , perhaps that is what they mean

No POFA in Scotland at the time of the incident , so no keeper liability , but if they have been told who was driving then that is different , a driver can be deemed as liable in the whole of the UK

I would be tempted to wait and see , only respond if an actual sheriff claim arrives , in the meantime you should research your simple procedures system for civil claims

nicol1980

Redx wrote: »

Too late for any appeals

As this is Scotland they would have to use your simple claims procedure via the sheriff , so nothing like it is in England and Wales , perhaps that is what they mean

No POFA in Scotland at the time of the incident , so no keeper liability , but if they have been told who was driving then that is different , a driver can be deemed as liable in the whole of the UK

I would be tempted to wait and see , only respond if an actual sheriff claim arrives , in the meantime you should research your simple procedures system for civil claims

I have never responded to any of these letters therefore, they do not know who was driving the vehicle at the time.

If an actual sheriff claim arrives I will seek legal advice from a solicitor.

The_Deep

This is known as a double dip, read some of these,

https://forums.moneysavingexpert.com/discussion/5550336/double-dip-parking-list-of-cases
[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

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

nosferatu1001

I can work out who drove in yoiur first post, at 1)

Ralph-y

while you wait to see if a claim happens ....


do you have a smart phone? if so is tracking on ?


Ralph:cool:

Castle

Was this before or after the introduction of the new DPA in May 2018?

nicol1980

nosferatu1001 wrote: »

I can work out who drove in yoiur first post, at 1)

I assume you're referring to my comment that the car was at home where my wife works? or that she used it for the gym? That doesn't give any indication as to who drove it to the nursery car park.

nicol1980

Ralph-y wrote: »

while you wait to see if a claim happens ....


do you have a smart phone? if so is tracking on ?


Ralph:cool:

The car app has a tracking feature but unfortunately since I have never needed it, it was turned off.

Tracking on a smartphone is irrelevant as the journey your phone takes doesn't prove what vehicle you were in.

nicol1980

Castle wrote: »

Was this before or after the introduction of the new DPA in May 2018?

This occurred in September 2019

KeithP

nicol1980 wrote: »

Tracking on a smartphone is irrelevant as the journey your phone takes doesn't prove what vehicle you were in.

It might be useful to show a court that the phone was somewhere else and that 'on the balance of probabilities' the driver and the vehicle where elsewhere too.

But if you want to dismiss suggestions, that's ok as well.