I turned the tables on CEL: issued a claim for £250 for data abuse and they failed to defend

VitSmith

I recently received a Parking Charge Notice (PCN) from Civil Enforcement Limited (CEL), and appealed it using a "one size fits all" template. My appeal was rejected. I am now in the process of drafting a POPLA appeal and could really use some guidance.

The primary reason for my appeal is the illegibility and lack of clarity of the signs at the location where the alleged parking violation occurred. However, I'm also considering challenging CEL's failure to demonstrate that the Registered Keeper, whom they are pursuing in this case, is liable for the charge. My concern is whether this would constitute reasonable grounds for appeal, given that CEL claims to have issued the Notice to Keeper (NTK) under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). Is there a reliable method to verify if the NTK is indeed POFA compliant?

My understanding is that POFA compliant NTKs may limit the grounds for appeal. Can anyone confirm if this is accurate, or am I misunderstanding the situation?

Lastly, I'm aware that a successful POPLA appeal should be both comprehensive and factually grounded. Considering this, would it still be viable to include "no evidence of landowner authority" as a ground for appeal?

Any advice or insights from those with experience in similar situations would be immensely appreciated. Thank you in advance for your assistance.

Umkomaas

There is a thread dedicated to showing PPCs' NtKs, stating whether or not they are PoFA compliant. Have a look through and check out the CEL NtK(s).

https://forums.moneysavingexpert.com/discussion/6483542/a-thread-of-pictures-of-parking-firm-ntks/p1

nopcns

You would need to shows both sides of the NtK, suitably redacted but leaving all the dates showing for us to determine whether the NtK is fully compliant with PoFA in order to be able to transfer liability from the driver to the the keeper.

I have seen a lot of recent CE NtKs where they fail to comply with PoFA Schedule 4, para 9(2)(e)(ii). You can check for yourself if they have complied with is if there is no invitation for the keeper to pay the charge.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

VitSmith

Umkomaas said:

There is a thread dedicated to showing PPCs' NtKs, stating whether or not they are PoFA compliant. Have a look through and check out the CEL NtK(s).

https://forums.moneysavingexpert.com/discussion/6483542/a-thread-of-pictures-of-parking-firm-ntks/p1

Thank you very much for this information. the NTK I received is POFA compliant. Am I right in assuming not proven driver liability grounds for appeal do not apply in this case? is it still worth appealing to POPLA on other grounds?

Umkomaas

The NEWBIES FAQ Announcement, third post, shows a number of points that you can appeal on at POPLA. This is a standard checklist, as often posted by forum stalwart @Fruitcake.  Key points to include in any POPLA appeal:

1) Non-PoFA compliant NTK/NTH (if appropriate)
2) Not the driver/not the person who may be liable for the charge (if non-PoFA)
3) Not the landowner/ No landowner contract
4) No standing to issue charges in their own name
5) Inadequate signage
6) BPA CoP failures (if appropriate)

There is near-template appeal wording for each point for you to tweak to reflect your parking event.

Is it worth appealing to POPLA?  What have you got to lose?  If you lose at POPLA there is no requirement placed on you to pay the PPC. If they want payment, they will need to issue a County Court claim. If you don't appeal, the PPC will need to issue a CC claim if they want your money. Many PPCs, when they see a forum inspired POPLA appeal, give up and cancel the charge. But none of this is reliably predictable, so it will need you to decide how you progress. Bottom line on this - no one pays CEL, there's no need, unless a judge directs otherwise. 

VitSmith

thank you very much @Umkomaas for your clear and concise response, i appreciate your help and assistance.

KeithP

@VitSmith, was your PoPLA appeal accepted?

VitSmith

KeithP said:

@VitSmith, was your PoPLA appeal accepted?

yes it was accepted, although i personally felt that there were more serious grounds to accept the appeal than 'no landowner authority'. then again it's a win, can't really complain.

Umkomaas

VitSmith said:

KeithP said:

@VitSmith, was your PoPLA appeal accepted?

yes it was accepted, although i personally felt that there were more serious grounds to accept the appeal than 'no landowner authority'. then again it's a win, can't really complain.

Well why not give CEL some further crap to deal with?

In view of this quite clear statement from POPLA, why not give the PPC a dose of their own medicine by making life uncomfortable for them?  

Write to the DVLA and complain that POPLA has grave doubts that the PPC has authority to operate at this site. Ask that the DVLA investigates and reports back to you. In particular they should calculate how many charges have been issued, and should there be no valid landowner authority, the PPC should be required to cancel all charges for that site and repay motorists who have been misled and paid. Email in the first instance:

ccrt@dvla.gov.uk (and) 

KADOEservice.support@dvla.gov.uk 

Send to both. 

If you get a fob off from that approach, follow it up with a full blown Freedom of Information request. It will be more difficult for them to hide under FOI. 

https://www.whatdotheyknow.com/

You might also consider issuing the PPC a Letter of Claim prior to a possible county court claim for breach of the DPA/GDPR. Read these:

http://parking-prankster.blogspot.com/2017...0-for-data.html

http://parking-prankster.blogspot.com/2016...orist-wins.html

https://www.parkingcowboys.co.uk/data-protection-act/

There has to be some backlash against PPCs to make them think twice before issuing tickets on a scattergun basis and their unchecked harvesting of personal data from the DVLA on an industrial scale. 

VitSmith

thank you for taking your time to reply @Umkomaas
i've done the first part. for anyone considering doing the same i highly recommend getting some help from multitude of AI tools available for free, you'll save yourself a lot of time.
regarding the letter of claim - this should be sent by post or can i use the complaints form on PPC website?

Umkomaas

regarding the letter of claim - this should be sent by post or can i use the complaints form on PPC website?

I'd do it by post, but send a duplicate by email. CEL are a bit shy on the email address front, but the following (which are now a bit old) have been used previously. I'd email all three. 

office@ce-service.co.uk

Legal3@ce-service.co.uk

dataprotectionofficer@ce-service.co.uk