CEL appeal rejjected - to POPLA and beyond?

pcn1

Hello,

I recently received a Notice to Keep (NTK) for a 15min overstay at a 3hr free car park. It was at a leisure centre owned by the council and run by another private company. Car park is in the hands of Civil Enforcement ltd. There are public playing fields and a playgrounds etc there too presumably council owned.

I appealed as keeper to CEL with the blue template appeal letter and it was rejected.

The NTK seems within PoFA regs however there was no photo of car park signage on the NTK but the car park is clearly signposted. With the rejection letter I received photos of the main sign present in the car park. I asked the leisure centre to cancel it but they refused saying only under certain extreme circumstances would they do this.

I'm considering a POPLA appeal based on authority to issue parking charges but as I've not seen a contract, therefore cannot be sure what the wording is or any grace period that may have been agreed over the 10minute minimum for BPA members. The leisure centre say it's a contract between them and CEL - so presumably not CEL and the council (landowner).

Would the leisure centre be considered an agent of the landowner?

Is there something I've not spotted which could be a defense?

I've tried to link images of the NTK but I'm not allowed to post links at the moment.

Thanks in advance for any help.

pcn1

Ok, I've managed to add images of the NTK...

Coupon-mad

Yes that's a POFA PCN.

POPLA codes last 33 days so you have ages to get PLAN A to work.  

pcn1

Thanks Coupon-Mad. By plan A do you mean questioning CE's authority at that site? If so how would I go about that? Is it a case of simply questioning it in the appeal to POPLA?

pcn1

And if that's so, then I assume POPLA will request the contract to view and if It's provided and satisfies the assessor then appeal rejected. I won't get to scutinise the contract and I'll have to pay the full 'invoice'.

Le_Kirk

Plan A is well documented in the NEWBIE sticky

pcn1

Thanks, but PLAN A "Always complain to the Retailer very quickly. This is 'Plan A' :" has already been tried via several avenues and has failed as I mentioned in the initial post I made. Only under extreme circumstances eg,; we had an accident on site, drowned etc. would they consider asking CE to cancel the PCN.