Civil enforcement error

LDast

lydecker_777 said:

So I van either pay £20..appeal to popla, or submit a small claim against them for misuse of my data, my time processing this farcical pcn, and the distress it has caused ?

It's your money but do you really want to pay some ex-clamper thugs £20 or do you want to fight it? Why not try POPLA? Doesn't cost you anything unless you think a £20 bribe from CEL is worth it.

No point in initiating a claim against them until they issue one against you and then you defend with a Part 20 counterclaim. However, counterclaims can be quite difficult to successfully do. You are unlikely to get much unless you can show the claimant has behaved unreasonably and that is a high bar to achieve in the small claims track.

You have not shown s the back of the NtK but I'll hazard a guess that it actually has a failure to fully comply with the strict requirements of PoFA which means that, as long as you have not revealed yourself to be the driver, they cannot hold you liable. Additionally, the signs you have shown also fail PoFA in that they do not adequately bring to the attention of the driver the charge for breaching the terms. The £100 is in a tiny font amongst a wall of text.

You are dealing with the infamous CEL who are unable to make a claim that conforms with the CPRs, should it ever get to that stage which is a win in court.

lydecker_777

Fruitcake said:

I have reported your post above because you have left personal data showing (PCN number and PoPLA code) that could be used by some unscrupulous person to make a rude and damaging appeal on your behalf.

You should also report the post yourself and/or delete the images.

This is despite the warning at the top of the forum page,

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

Pictures now edited, thanks for that! 

lydecker_777

LDast said:

lydecker_777 said:

So I van either pay £20..appeal to popla, or submit a small claim against them for misuse of my data, my time processing this farcical pcn, and the distress it has caused ?

It's your money but do you really want to pay some ex-clamper thugs £20 or do you want to fight it? Why not try POPLA? Doesn't cost you anything unless you think a £20 bribe from CEL is worth it.

No point in initiating a claim against them until they issue one against you and then you defend with a Part 20 counterclaim. However, counterclaims can be quite difficult to successfully do. You are unlikely to get much unless you can show the claimant has behaved unreasonably and that is a high bar to achieve in the small claims track.

You have not shown s the back of the NtK but I'll hazard a guess that it actually has a failure to fully comply with the strict requirements of PoFA which means that, as long as you have not revealed yourself to be the driver, they cannot hold you liable. Additionally, the signs you have shown also fail PoFA in that they do not adequately bring to the attention of the driver the charge for breaching the terms. The £100 is in a tiny font amongst a wall of text.

You are dealing with the infamous CEL who are unable to make a claim that conforms with the CPRs, should it ever get to that stage which is a win in court.

I won't be handing over my hard earnt money for sure, and to add to the mix, there currently isn't any planning approval for the pole mounted anpr cameras on site!

Absolute shambles..

lydecker_777

Update from civil enforcement..

Coupon-mad

Dear Scott,

No it doesn't. Try putting up less wordy signs that can actually be seen in hours of darkness. 

See you in court.

lydecker_777

We have not issued pcn in error when the pcn states overstaying 90 minute limit ! Ludicrous 

KeithP

There appears to be some ambiguity there.

That could easily be interpreted as...

These parking terms apply daily to all vehicles arriving between 6:30am and 11:30pm.
The parking terms only apply to permit holders at all other times.

In other words, drivers who do not hold a permit are free to park outside those hours without regard to the parking terms.

 Section 69 of the Consumer Rights Act 2015 says...

69 Contract terms that may have different meanings

(1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

lydecker_777

Exactly,  just goes to show what a sham outfit these cowboys really are....I also checked the local planning applications and the kfc only has permission for advertising signs...no car parking signs...and no anpr cameras...so I've submitted a complaint and see what happens there ?

lydecker_777

So, even after my complaint, civil enforcement have passed my details to these cowboys..
I have again made a complaint stating the unlawful use of my data, it's literally a full time job fending off these parasites..

Coupon-mad

No it isn't because you know from the 4th post of the NEWBIES thread to ignore that one.

And you know from the second post of the NEWBIES thread, which letter to show us.  We didn't need to see a debt crawler letter.  Please re-read the 4th then the 2nd posts of the NEWBIES FAQS thread.  In that order.