Civil Enforcement Ltd PCN

Potts_123

Hi, I am at POPLA stage of appealing a PCN from Civil Enforcement Ltd on the grounds that I was not the driver of the vehicle at the time in question. However I have none of the previous correspondence that they sent me in the post so i have no idea what date they issue the NTK or what the wording was, etc.
Is it worth me submitting an SAR now to see all previous correspondence and also the photos of the car/signane that they have?
I haven't actually visited the car park myself but will will take a drive there to take my own photos of the signs before submitting my popla appeal. 

Coupon-mad

A SAR reply probably won't come back in time but email it today just in case it does.  No point in delaying that.  TODAY!

What happened when you tried PLAN A first (see NEWBIES thread) because POPLA is hopeless ... and CEL are likely to have complied with the POFA anyway these days.  Don't hang your hat on POFA arguments.

Tell us about your efforts to win using PLAN A.

Potts_123

Coupon-mad said:

A SAR reply probably won't come back in time but email it today just in case it does.  No point in delaying that.  TODAY!

What happened when you tried PLAN A first (see NEWBIES thread) because POPLA is hopeless ... and CEL are likely to have complied with the POFA anyway these days.  Don't hang your hat on POFA arguments.

Tell us about your efforts to win using PLAN A.

I appealed using their online appeal page and I used the one size fits all template on the newbies thread.

The reply I received from CEL is below:

We refer to your recent correspondence. Your appeal has been unsuccessful.

Please find attached a copy of the signage erected throughout the car park advising drivers of the terms and conditions in place.

We have no record of the above vehicle being registered to be exempt from the parking restrictions in place.

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 www.ce-service.co.uk or call 0115 822 5020.

If you are not satisfied with our decision, you may appeal to the independent appeals service via www.popla.co.uk using verification code  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 (www.ombudsman-services.org/) 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.

Mouse007

@Potts_123 you need to urgently edit the above and ERASE your POPLA code

In the alternative please provide:

Your sort code, account number, pin and password along with your mother's maiden name and I'll arrange payment for you.

Potts_123

Mouse007 said:

@Potts_123 you need to edit the above and ERASE your POPLA code

In the alternative please provide:

Your sort code, account number, pin and password along with your mother's maiden name and I'll arrange payment for you.

     I looked through that a number of times to make sure there was nothing I needed to erase, not sure how I missed that!!!

Coupon-mad

Appeal is not Plan A.  I was not asking about appeal.

Potts_123

Coupon-mad said:

Appeal is not Plan A.  I was not asking about appeal.

I have complained to the landowner who explained that they have an allowance of cancellations per month and they have already reached their limit, so they will wait for the start of jan (so next week) then speak to CEL to try get the ticket cancelled, but because the incident happened in october they are unsure whether they will.

I have also now visited the car park and taken photos of the signage which is, to be honest, a complete joke.

Do I still submit a popla appeal or wait and see if the landowner manages to cancel the charge?

Coupon-mad

Do neither.  Certainly no POPLA appeal yet!  That can and does prevent cancellations.

On 1st January, politely email the landowner and ask them to please cancel PCN number xxxxxx and remind them of your earlier conversation.

Potts_123

Coupon-mad said:

Do neither.  Certainly no POPLA appeal yet!  That can and does prevent cancellations.

On 1st January, politely email the landowner and ask them to please cancel PCN number xxxxxx and remind them of your earlier conversation.

This was successfully cancelled by the landowner!!

Coupon-mad

Perfect. Easy when you know how!