Civil Enforcment Ltd PCN - compliant with PoFA now?? Please HELP

banya_co

Hi guys,

 I recently received a parking ticket from Civil Enforcement Ltd. for overstaying in the car park of Sunbury Cross Centre
I made an appeal following all the guidance in the NEWBIES thread. (I used it once before when I appealed for Heathrow Dropp off PCN and won it then with POPLA, so I was quite sure I've written everything correctly).
So I got the reply to my appeal on the next day, which states the following:


RESPONSE TO REPRESENTATION We refer to your recent correspondence. Your appeal has been unsuccessful. This ticket was issued for exceeding the free stay allowance in the above car park. Furthermore, we have no record of a payment made for the above vehicle registration on the day in question. The legal basis for the ticket we have issued to you is 'Contract Law'.
By parking in the car park where our signs clearly display the terms and conditions of parking, you consented, by your actions (ie parking your car on the site), to be bound by such terms and the payment is now due. We are a member of British Parking Association. Confirmation of this can be found on their website by accessing: (website)
There are many clear and visible signs displayed on the site advising drivers of the regulations in force and we maintain a continuous log confirming that the signage remains in place. Please find attached a copy of the signage erected throughout the car park advising drivers of the terms and conditions in place. Please find attached your photographic evidence as requested.
It is the drivers responsibility to pay this PCN. However, in England and Wales, if after 28 days from the Issue Date, this PCN has not been paid or you have not provided us with the name and current address for service of the driver, then under Section 4 of the Protection of Freedoms Act 2012 we do now have the right, subject to the requirements of the Act having been complied with, to recover from the Registered Keeper at the time the vehicle was parked, sums that remain unpaid. Alternatively, you can of course make a payment directly to us and recover the amount due from the driver.
We regret that the Parking Charge remains valid as the ticket was correctly issued in accordance with the terms and conditions stated. You have now reached the end of our internal appeals procedure. You must now either pay the PCN sum due or appeal to POPLA (see below) but you cannot do both. In view of your correspondence, even if you have received a reminder demanding payment at the higher rate, we have extended the time allowance for you to pay at the original reduced charge by a further fourteen days starting with the date printed at the top of this letter.
To make a payment at this lower rate please visit (website name), call (number) or send a cheque to the above address. If you are not satisfied with our decision, you may appeal to the independent appeals service via www.popla.co.uk using verification code (numbers) within 28 days from the date on this letter. If your appeal to POPLA is rejected, you will lose the right to pay at the reduced rate.
 By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.
 If you have any comments with regards to the way we have handled this matter, please write to The Executive Office, Civil Enforcement Ltd, Horton House, Exchange Flags, Liverpool, L2 3PF.
Yours faithfully, Representations Team

They also sent me a photo of a sign (which I don't think is very clear as they claim, and it does not have any information about the amount of the fine which would apply). Also, on the photo in the right corner it says the photo was made on 22/10/2021 and the contravention happened on 11/06/2022 so this evidence is out of date?

 Also, they sent a photo of the car entering and exiting the car park which is very dark and unclear(model and make of the car not visible, VRN either). VRN photo is added underneath, which could be doctored. 
What I am concerned about it is that now they are compliant with PoFA, as they write "under Section 4 of the Protection of Freedoms Act 2012 we do now have the right", so I cannot address this as "I was not the driver, and I will not tell who was"?
Although they say "subject to the requirements of the Act having been complied with" so does it mean I can still argue if they are compliant?

I am so confused, could anyone please advise me on this matter?

Thank you!

banya_co

Also, just to add, the payment of 10£ "over 4 hours" was made, but on the next day. So eventually, it was paid more than the car actually stayed in the car park. Just the payment was made after car left the car park. Should I even include this point in my appeal to POPLA?

Coupon-mad

You can tell if a NTK is non-POFA just by reading it and comparing it to paragraph 9 of Schedule 4.  This is explained in the NEWBIES thread, along with a link to the Schedule so people like you can dig deeper and check.

CLUE: LOOK FOR THE 9(2)f WORDING.  MIGHT BE TOP LEFT ON THE BACK.

What happened when you tried PLAN A from the NEWBIES thread, clearly spelt out there (which is not an appeal)?