Civil Enforcement PCN - POPLA code received

Paul2424

Hi guru's,

I'm looking for advice on whether or not to appeal the attached PCN.

Brief overview - The car was parked in a private car park for approximately 2hrs 35s.  Civil Enforcement have issued a notice to keeper with photos and time stamps of the car in question entering and leaving, the sign states 'Parking conditions - 60 minutes free parking, if you breach any of these terms you will be charged £100, these terms apply at all times'.  

The facilities at the site were used by the driver.

An initial appeal was made which has been declined and a POPLA code has now been given.  Also an extension has been given in the decline letter, to pay the fine at the reduced rate of £60.

In the original appeal, as the keeper of the vehicle, I declined to give the details of the driver.

Please can anyone advise if it is worth appealing this PCN? kind regards

Redx

Post a picture of the back of the PCN NTK too

Did CEL comply with POFA ?? Yes or No ??

You have done plan B , appealed and been rejected

POPLA is plan C

Court is plan D

What happened to plan A ???

D_P_Dance

Yes it is, but please read the newbies first. 

Was there an ability to purchase extra time?   What were the "facilities" at the site?  Was this a station car cark?  Have you complained to your MP.?  

Paul2424

This is the back of the original PCN.

I've read the newbies post.

It was a fast food restaurant.

There was no ability to purchase extra time.

No I have not complained to an M.P

Plan A was not carried out as no evidence was kept i.e no receipts have been kept and cash was used to make purchases. It isn't a station car park.

I have read schedule 4 of the Protection of Freedoms Act 2012 but can not say for certain that CEL have complied with absolutely all of it. 

Redx

Seems to me that they complied with POFA , the timescale for issuing a PCN NTK to arrive is less than 14 days , the time on site with anpr camera captures sems correct , it's much longer than the sign says , the sign seems clear enough , the POFA warning is on the back of the PCN NTK

So no landowner authority is probably the only get out of jail free option , but any POPLA appeal should include signage etc too

Not sure what you expect , it seems that the Driver is in breach of contract and it also seems that the keeper is liable for the drivers actions where POFA allows that transfer to occur

I would say that POPLA will likely rule in the claimants favour

CEL definitely issue court claims !!

ignavia

Complain to the Burger King manager, and keep going up the chain until you find someone who will cancel this. Was it slow service that caused you to stay longer than expected?

Paul2424

Redx said:

Seems to me that they complied with POFA , the timescale for issuing a PCN NTK to arrive is less than 14 days , the time on site with anpr camera captures sems correct , it's much longer than the sign says , the sign seems clear enough , the POFA warning is on the back of the PCN NTK

So no landowner authority is probably the only get out of jail free option , but any POPLA appeal should include signage etc too

Not sure what you expect , it seems that the Driver is in breach of contract and it also seems that the keeper is liable for the drivers actions where POFA allows that transfer to occur

I would say that POPLA will likely rule in the claimants favour

CEL definitely issue court claims !!

This is why I asked the question is it worth appealing or should I just pay the reduced £60 fine?

Redx

Paul2424 said:

Redx said:

Seems to me that they complied with POFA , the timescale for issuing a PCN NTK to arrive is less than 14 days , the time on site with anpr camera captures sems correct , it's much longer than the sign says , the sign seems clear enough , the POFA warning is on the back of the PCN NTK

So no landowner authority is probably the only get out of jail free option , but any POPLA appeal should include signage etc too

Not sure what you expect , it seems that the Driver is in breach of contract and it also seems that the keeper is liable for the drivers actions where POFA allows that transfer to occur

I would say that POPLA will likely rule in the claimants favour

CEL definitely issue court claims !!

This is why I asked the question is it worth appealing or should I just pay the reduced £60 fine?

I NEVER answer that question , not my decision , I gave you some facts regarding the case

Plan A is your best option , it ALWAYS was , always will be , complaining about it to burger king

D_P_Dance

So no landowner authority is probably the only get out of jail free option ,


You could try the unfair terms in consumer contracts part of the Consumer Relationsa Act.  It took me over half an hour to master the computerised ordering system in a McD, mind you it was in France.  

KeithP

If you are going to use 'unfair terms in consumer contracts', it's The Consumer Rights Act you need.