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Civil enforcement Ltd - do I have a chance with no evidence?

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Comments

  • nopcns
    nopcns Posts: 575 Forumite
    500 Posts Name Dropper
    As long as there is no invitation for you, the "keeper" to pay the charge, as required in PoFA 9(2)(e)(i) in the NtK, then it is not PoFA compliant. Whilst CE may not understand that and refuse the appeal, when it goes to POPLA, don’t assume that the assessor is fully clued up on the Act and can spot this lack of compliance. Lead them by the nose to this PoFA failure which means that you cannot be liable as the keeper.

    Compare your original NtK to what is required by the Act in that paragraph.

    https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted
  • nopcns said:
    As long as there is no invitation for you, the "keeper" to pay the charge, as required in PoFA 9(2)(e)(i) in the NtK, then it is not PoFA compliant. Whilst CE may not understand that and refuse the appeal, when it goes to POPLA, don’t assume that the assessor is fully clued up on the Act and can spot this lack of compliance. Lead them by the nose to this PoFA failure which means that you cannot be liable as the keeper.

    Compare your original NtK to what is required by the Act in that paragraph.

    https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted
    Thank you so much for the support.

    I'm now back in miserable old blighty but I have sent an email of complaint to Fort Amherst to cancel this parking notice because their signage and guidance were absolute baloney, depending on their reply I will not be holding back in my reviews on tripadvisor etc - I will also send an appeal to Civil Enforcement expecting it to be rejected but yes it seems they are not even POFA compliant in the letter I received. What a bunch of crooks. 
  • An update - CANCELLED!!!

    Complained to Fort Amherst, and they have cancelled the PCN so I will not receive any grief from them again... 


    Thank you MSE for the guide - complaining to the site owners never hurts and I don't have to go through the annoyance of appeals and popla. Woohoo! 
  • Coupon-mad
    Coupon-mad Posts: 153,445 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    An update - CANCELLED!!!

    Complained to Fort Amherst, and they have cancelled the PCN so I will not receive any grief from them again... 


    Thank you MSE for the guide - complaining to the site owners never hurts and I don't have to go through the annoyance of appeals and popla. Woohoo! 
    Yay, nicely done.

    Plan A strikes again!

    Could you post about this success where other new posters will see it - for much longer than on an archived single thread - in Successful Complaints about PPCs (the first hyperlink in the NEWBIES thread).

    A copy of your email complaint and their reply always helps others. And a link to this thread, for context.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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