PCN from Civil Enforcement (CEL)

8username8

New to forum so please don't judge me and let me know if I break any of the house rules.

I have received a PCN from Civil Enforcement Limited (further CEL) as a registered keeper of the vehicle.

Driver in question has parked at Subway to buy a sandwich then sat in the car with the engine running while eating said sandwhich then drove off. The driver has overstayed time limit of 45 minutes by a total of 22 minutes and 17 seconds. One might ask: "who eats a sandwhich for 1 hour and 7 minutes? But the explanation is simple. A new amployee at Subway was trainining on that day and it took him ages to make the sandwich + social distacing regs added a few extra minutes to waiting time. It also never crossed driver's mind that sitting in the car outside a sandwich joint and munching on a sandwich counts as being 'parked' but I digress.

A PCN was sent via post and appears to contain all the right words referring to PoFA 2012. It also refers to ANR in use though no images were included. All details are otherwise correct.

What I have done so far:

 - Read FAQ here: https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

 - Sent a first stage appeal to CEL using this template:

[quote]

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

[/quote]

 - Now awaiting a response from CEL. Will post about further progress.

Any advice on what else I should be doing / preparing to do?

Thanks in advance.

Ralph-y

Hi, and welcome to the forum ... I take it you have read the newbies thread?

to the newbies thread / discussion

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou/p1
make sure you start at the first page not last

What did the manager of Subway say when you complained?

Ralph

8username8

Hi Ralph,

Yes, I read newbies thread carefully and took a template for the first stage appeal from there.

I have not complained to Subway manager yet. Any advice on who should complain? Vehicle registered keeper or the driver?

Thanks

KeithP

8username8 said:

I have not complained to Subway manager yet. Any advice on who should complain? Vehicle registered keeper or the driver?

Thanks

The keeper.

The first post of the NEWBIES thread, which you have already read, makes that clear...

Ralph-y

If the Subway manager say that he/she cannot cancel because its not there land make sure you ask who owns the land then.

.... retail park ?

Ralph

8username8

Hi KeithP,

Noted. The complaint just sent to Subway.

Uploading the PCN for completeness.

Coupon-mad

Yeah that has the POFA wording.

1505grandad

"The driver has overstayed time limit of 45 minutes by a total of 22 minutes and 17 seconds. One might ask: "who eats a sandwhich for 1 hour and 7 minutes? But the explanation is simple."

I think that should be 20 mins and 17 secs.  -  just in case required for Court docs.

8username8

1505grandad said:

"The driver has overstayed time limit of 45 minutes by a total of 22 minutes and 17 seconds. One might ask: "who eats a sandwhich for 1 hour and 7 minutes? But the explanation is simple."

I think that should be 20 mins and 17 secs.  -  just in case required for Court docs.

I stand corrected. My math let me down.

8username8

UPDATE
Received an email from Subway with the following content:

Dear ***,
I want to take a moment to thank you for completing a Subway Listens survey regarding your recent experience. 
Can you please email me the parking charge letter to ***@gmail.com.I will try my best to cancel it but I can’t promise you.
Thank you for choosing Subway® and we look forward to seeing you soon.

It is a bit strange that Subway uses Gmail address, but otherwise reassuring.

Le_Kirk

8username8 said:

UPDATE
Received an email from Subway with the following content:

Dear ***,
I want to take a moment to thank you for completing a Subway Listens survey regarding your recent experience. 
Can you please email me the parking charge letter to ***@gmail.com.I will try my best to cancel it but I can’t promise you.
Thank you for choosing Subway® and we look forward to seeing you soon.

It is a bit strange that Subway uses Gmail address, but otherwise reassuring.

That is possibly someone's (employee of Subway) personal e-mail address.