Parking ticket received more than 14 days after incident...

livewire82

Hi all
A parking ticket has been recieved for a parking violation that occurred on 23/03 and the notice was received through my door requesting payment of fine on 08/04. This is 16 days after the incident and I've read on the Citizens Advice website that if it's more than 14 days, you should appeal and have a good chance of the fine being reversed.
Can anyone point me in the direction of a suitable appeal letter template for this?
The enforcement company is called Civil Enforcement. Does anyone know anything about them? The signs in the car park were pretty clear (which the driver obviously missed) but there was no CCTV evidence although Civil Enforcement state that they have this. Is this required?

Grizebeck

Does the notice say issued under Protection of Freedoms act at the bottom?
If it does its POFA , it does not its non POFA
ignore CAB useless

KeithP

livewire82 said:

Can anyone point me in the direction of a suitable appeal letter template for this?

Is the template appeal in the opening post of the thread entitled...
*NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!
...of any use?

livewire82 said:

The enforcement company is called Civil Enforcement. Does anyone know anything about them?

Yes, they are frequently discussed on this parking board.

livewire82 said:

The signs in the car park were pretty clear (which I obviously missed) but there was no CCTV evidence although Civil Enforcement state that they have this. Is this required? I'm just looking at all the possible reasons to appeal.

I put it to you that the signs in the car park were not 'pretty clear' - if they were sufficiently clear then you surely would not have missed them.
CCTV evidence will not be available. They will however have supplied you with ANPR images.

Where exactly, i.e. which car park, did this alleged parking event take place?

What are CEL saying that the driver did wrong?

livewire82

Grizebeck said:

Does the notice say issued under Protection of Freedoms act at the bottom?
If it does its POFA , it does not its non POFA
ignore CAB useless

Yes it does say this. So does that mean the driver has strong grounds to appeal?

livewire82

KeithP said:

livewire82 said:

Can anyone point me in the direction of a suitable appeal letter template for this?

Is the template appeal in the opening post of the thread entitled...
*NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!
...of any use?

livewire82 said:

The enforcement company is called Civil Enforcement. Does anyone know anything about them?

Yes, they are frequently discussed on this parking board.

livewire82 said:

The signs in the car park were pretty clear (which I obviously missed) but there was no CCTV evidence although Civil Enforcement state that they have this. Is this required? I'm just looking at all the possible reasons to appeal.

I put it to you that the signs in the car park were not 'pretty clear' - if they were sufficiently clear then you surely would not have missed them.
CCTV evidence will not be available. They will however have supplied you with ANPR images.

Where exactly, i.e. which car park, did this alleged parking event take place?

What are CEL saying that the driver did wrong?

It took place in a Starbucks car park in Essex. As the title of the post states, the notice was received more than 14 days after the offence and the letter was issued under the Protection of Freedoms Act.

livewire82

Citizens Advice states:

Check if the notice says ‘Protection of Freedoms Act’. If it does, the parking company usually has to post a notice to you within a certain time - or to the car’s registered owner if that’s not you.

The deadline depends on whether the parking company gave you a notice at the time you parked - this includes leaving it on your car.

If you didn’t get a notice at the time you parked, you must receive a notice within 14 days of when you parked.

If you got a notice at the time you parked and you replied to it, the parking company doesn’t have to send another notice. If you didn’t reply to it, you must receive another notice within 56 days of when you parked.

If you didn’t receive the notice in time, tell the parking company you don’t have to pay the charge.

If the notice doesn’t say ‘Protection of Freedoms Act’, there’s no time limit to send it. If it’s delivered more than 7 months after you parked, you can argue it’s unfair to make you pay.


Where can I get a suitable appeal template?

Grizebeck

on the newbies thread...

fisherjim

livewire82 said:

Citizens Advice states:

Check if the notice says ‘Protection of Freedoms Act’. If it does, the parking company usually has to post a notice to you within a certain time - or to the car’s registered owner if that’s not you.

The deadline depends on whether the parking company gave you a notice at the time you parked - this includes leaving it on your car.

If you didn’t get a notice at the time you parked, you must receive a notice within 14 days of when you parked.

If you got a notice at the time you parked and you replied to it, the parking company doesn’t have to send another notice. If you didn’t reply to it, you must receive another notice within 56 days of when you parked.

If you didn’t receive the notice in time, tell the parking company you don’t have to pay the charge.

If the notice doesn’t say ‘Protection of Freedoms Act’, there’s no time limit to send it. If it’s delivered more than 7 months after you parked, you can argue it’s unfair to make you pay.


Where can I get a suitable appeal template?

Which proves Grizebeck's point that CAB are useless with private parking tickets, the very first paragraph is rubbish, there is no "registered owner".

Forget all their advice and read the newbies thread on here.

If the signs were sufficiently clear how did you miss them?

It's not sufficient for them to be "clear" anyway, they have to conform to the BPA's COP and form a contract.

Fruitcake

It is not a fine nor is it a violation.

Please stop believing this was the driver's fault. As others have said, if the signs were clear the driver would have seen them and acted accordingly.

Ignore CAB in England and Wales. They are useless and give bad advice regarding the unregulated private parking industry, although I believe the CAB in Scotland gives much better advice for citizens of that nation.

Plan A is always a complaint to the landowner and your MP, and it is never too late to do this.

livewire82

Ok, forget CAB. I've read up on the Protection of Freedoms act which states:

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

Fruitcake

You seem insistent on admitting liability on a public forum that parking companies are known to read. If they can link a post or a thread to a motorist they can use that to identify the driver at which point the date the NTK arrived becomes irrelevant.

I suggest you go back over your posts to edit them so that you only refer to the driver and the keeper who are two different people as far as the law is concerned.

As for whether the driver saw the signs, I suggest you research Lord Denning's Red Hand Rule. I maintain that if a driver did not see the signs then they were probably inadequate and incapable of forming a contract.

What was the date of the alleged event and the issue date of the NTK please?