CEL DCB Legal court claim

muj123

Got a SAR request posted to me

Basically my sister parked in a carpark and she got a fine from civil enforcement 

I sent this letter below 


 Exact same place as this thread https://forums.moneysavingexpert.com/discussion/6390505/civil-enforcement-claim-form

Fruitcake

It is not a fine.

Has the registered keeper received a NTK? If so, have they complained to the landowner yet? That is always Plan A.

If/when Plan A fails, the keeper should appeal without naming the driver. 

Why has an SAR been sent to you?

Since what you sent was not an appeal, CEL have no requirement to do anything but wait until the appeal deadline expires. Then can then begin a court claim against the keeper any time they wish within six years from the date of the alleged event.

Why not tell us the location where the alleged event occurred instead of expecting the regulars to trawl through a two year old thread to find it? MSE always sends posters to the last place they viewed a thread. In my case, your link sent me to the end of the thread, which was five pages long.

muj123

Fruitcake said:

It is not a fine.

Has the registered keeper received a NTK? If so, have they complained to the landowner yet? That is always Plan A.

If/when Plan A fails, the keeper should appeal without naming the driver. 

Why has an SAR been sent to you?

Since what you sent was not an appeal, CEL have no requirement to do anything but wait until the appeal deadline expires. Then can then begin a court claim against the keeper any time they wish within six years from the date of the alleged event.

Why not tell us the location where the alleged event occurred instead of expecting the regulars to trawl through a two year old thread to find it? MSE always sends posters to the last place they viewed a thread. In my case, your link sent me to the end of the thread, which was five pages long.

I try calling they don't pick up them. 

Car park at 426-428 Coventry Road, Small Health, Birmingham, B10 0UG

I did a SAR request 

muj123

This is the letter I received after I sent the above

LDast

Aside from the errors of some facts, you then go on to ruin it by virtually signing off with "love and kisses" rather than the formal salutations for correspondence relating to legal dispute of "Yours faithfully...". 

If they've taken your "vexatious" correspondence/complaint as your appeal, where is the POPLA code as required? If they didn't provide it, they are in breach of their own ATA CoP. I'll leave it to you to find the relevant section(s) they have breached:

https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/Version91.2.2024Highlight.pdf

Fruitcake

If there ever was a rejection with a PoPLA code, it is over a year past its use by date.

Everything should be done in writing. A 'phone call is not worth the paper on which it is not printed, even if you could get through. Things to note are that the address on the NTK is that of the Islamic Centre, not the address of the relevant land (the car park) which is round the corner off a different road. This is a PoFA failure because the location of the relevant land must be stated on the NTK if the parking company wants to hold the keeper liable.
As long as the driver's identity is never given, the keeper cannot be held liable.

Please note that you have left the PCN number showing, which the PPC could use to identify you if you are the keeper. 
Since the alleged event occurred last year, failing a landowner cancellation, the keeper is now in ignore mode unless they receive a letter of/before claim or a court claim within six years from the date of the alleged event. If the keeper was not the driver (do not tell us if they were), even better.

When did you send the SAR? Was there something that triggered the need to send it?

Fruitcake

LDast said:

Aside from the errors of some facts, you then go on to ruin it by virtually signing off with "love and kisses" rather than the formal salutations for correspondence relating to legal dispute of "Yours faithfully...". 

If they've taken your "vexatious" correspondence/complaint as your appeal, where is the POPLA code as required? If they didn't provide it, they are in breach of their own ATA CoP. I'll leave it to you to find the relevant section(s) they have breached:

https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/Version91.2.2024Highlight.pdf

It would have been version 8 of the CoP that applied at the time of the alleged event.

LDast

Fruitcake said:
It would have been version 8 of the CoP that applied at the time of the alleged event.

https://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2020_v8(2).pdf

muj123

What could I do?

Gr1pr

muj123 said:

What could I do?

Its either get the landowner to cancel this 2023 PCN

Or 

Wait for an LoC or court claim pack from the CNBC in Northampton using MCOL to arrive, within the next 5 years 

muj123

Gr1pr said:

muj123 said:

What could I do?

Its either get the landowner to cancel this 2023 PCN

Or 

Wait for an LoC or court claim pack from the CNBC in Northampton using MCOL to arrive, within the next 5 years 

Sorry the driver did get a letter of claim I gave the response above