PCN from Civil Enforcement - Advise please

Fruitcake

Gentleman said:

Thanks @Fruitcake & @Grizebeck for your comments,

My initial intention is to go with plan A.
I have been trying to find a complaint from another user, but couldn't find it. I was wondering if you could tell me where I can find one, since I would like to use the right wording, to avoid any issue.

If not, I am sending something similar to the text below;

"To whom it may concern, Sirs

I was issued with a parking ticket charge notice Number XXXXXX on 27/2/2023 (received on 06/03/23) from an unregulated private parking company for allegedly parking without making payment at Car park at Pateley Bridge The Lodge, Bewerly park Pateley Bridge/Harrogate North Yorkshire HG3 5BD on 18th December 2022. The car was parked there between 10.45am and 11.07am. I have been charged £100. 

I believe that this ticket was issued unfairly. As registered keeper I am not liable for the amount payable because:

1) The Notice to Keeper (NTK) is incapable of holding me (the registered keeper) liable 

2) t There was no payment/ticket machine installed in the car park, and the only option was paying by the phone app "Phone and Pay" (which didn't work) or by telephone.

The app was downloaded by the driver and then after battling through several app crashes and error messages, since the app did not allow to add any bank card details, and after several attempts, it was decided to leave the car park and the car was parked elsewhere. It was finally parked at Southlands car park, Pateley Bridge HG3 5JX (on the other side of the river) where a parking permit was purchased via the “pay and display machine”.

Just to let you know, t There is a Google review from another person who had a similar problem to mine in this car park.
And also y You can see the really bad reviews about the phone app "Phone and Pay" (1.1 stars on app store) – These reviews are clearly from other members of the public having the same problems.

For this reason, I look forward to receiving notification within 10 28 days that the Parking Charge Notice has been cancelled.

Kind Regards,
Registered keeper"

Could you please let me know your thoughts about this?

Regards,

Either start with Sirs or a specific name if you have one.

Only give them ten days because you need a cancellation to arrive before the initial appeal deadline. If you haven't received it by day 10, then send the modified template in blue text, or the one suggested by Grizebeck to CE Ltd.
The idea of the initial appeal is to let them know they will lose at PoPLA, and to get a PoPLA code if they reject the appeal.
Do not be concerned if the initial appeal is rejected. As long as the driver is not identified, not even to the landowner, then you should win at PoPLA.

Please also complain to your MP. It is the only way that anything will ever change with this unregulated industry.

Gentleman

Thanks guys for your help and advise. As soon as I hear from the landowner I will post it here.

Gentleman

Hi guys,

This is the replay from Nidderdale Show chairman, the landowner.

"Im afraidI can try to send your details to the relevant people but I’m afraid they may not assist as a card payment machine is actually fitted in the car park .
I will send you the contact address we have .
Regards Martin Smith"

It seems that he doesn't care, because when this happened there wasn't any payment machine as I stated in my email.
He has sent me, in a separate email, someone's contact details from "creative car park" (Dionne Nelson-Wright (Dionne.N@creativecarpark.co.uk), and I am not sure if it's the same company as CE, where the parking ticket was issued from.

Grizebeck proposed, appeal on https://www.ce-service.co.uk ?

Kind regards,

Coupon-mad

Same company as CEL.

Grizebeck

You dont email the parking firm. That wont get you any where
You log the appeal on the website given
Anything else is a waste of time

Gentleman

Thanks @Grizebeck, appeal submitted

Gentleman

Good morning guys.
PCN has been cancelled. Just a matter of hours!!!

Thanks @Grizebeck, @Coupon-mad @Fruitcake & @B789 for the help and advice.

Now time to complain to the MP

Grizebeck

Gentleman said:

Good morning guys.
PCN has been cancelled. Just a matter of hours!!!

Thanks @Grizebeck, @Coupon-mad @Fruitcake & @B789 for the help and advice.

Now time to complain to the MP

Its easy when you know how🤣🤣🤣🤣. I always take a horses for courses approach with parking firms

TheGoodFella

Hi everyone i have ticket from civil enforcement as well, any idea if I can challenge this the same way? The parking information sign does not clearly state that parking outside 10.30am - 11.30pm will cause an instant fine. The KFC has been closed since September and it would have been impossible to obtain permit.

Furthermore, is that PCN POFA complaint? Could i use something like Schedule 4 of POFA 2012 to challenge this? For out of time keeper's liability?

Thank you!
 

Coupon-mad

You can tell by comparing it to the thread I started about NTK pictures.  Then start your own thread once you've checked.