Civil Enforcement PCN - last day to appeal with them tomorrow 06/06

busyasusual

Hi,

I was driving my wife's card and she received the PCN from CE because I didn't pay within 10 minutes, I've already paid within 29 minutes of entering the car park according to their timing in the PCN and phone and pay receipt.

The driver is not the keeper and the payment made via the crappy phone and pay app.

The experience with the phone and pay app was a nightmare(someone who is working in IT).

Based on their description, my wife need first to appeal to them before getting a unique reference for POPLA appeal.



- Keeper was not the driver
- We have the receipt from phone and pay app that we paid which has the timestamp 29 minutes after.



Terms and conditions of parking:
Payment not made in accordance with terms displayed on signage / permit holders only


Text :
This notice is issued under Schedule 4 of the Protection of Freedoms Act 2012. By parking or remaining at the car park in the circumstances above,  the terms and conditions clearly set out the signage throughout the car park where breached. In accordance with those terms and conditions, the Parking Charge is now payable to Civil Enforcement Limited. Failure to pay the full amount dut within 28 days

Identical like in this image from another post in this forum:
https://us-noi.v-cdn.net/6031891/uploads/editor/lq/sws62kl7o1n0.jpeg


 We went to a restaurant that has nothing to do with the car park so the newbie thread option A doesn't work and tomorrow is the 28th day which is making me nervous.


Should I appeal to them, what should I say? Should we appeal attaching the payment receipt? I'm sure they will reject that but all the other stuff like terms and conditions for the ANPR and other details look more related to POPLA or when going to the court.

Thanks in advance.

KeithP

busyasusual said:

We went to a restaurant that has nothing to do with the car park so the newbie thread option A doesn't work and tomorrow is the 28th day which is making me nervous.

Hello and welcome.

Why not use the blue text template easily found in the opening post of the NEWBIES thread?

Coupon-mad

Much depends on whether the back of the notice matches the POFA or the 'non POFA' pictures, shown in my NTK pictures thread?

busyasusual

Hi both,

Thanks for your reply.

@Coupon-madI can confirm the back of the PCA is the same as this one you shared:

https://us-noi.v-cdn.net/6031891/uploads/editor/4g/cee5sn0zf0x7.jpeg


The front page has the photographs of the vehicle including the VRN as well when we got in and out - no timestamp in the photograph btw just in the fields from and to in the form.




@KeithP I believe you mean the blue text below from the newbies thread?

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

KeithP

busyasusual said:

@KeithP I believe you mean the blue text below from the newbies thread?

Re PCN number:

I dispute your 'parking charge'...
<snip the rest>

Yes. There is no other blue text template in the opening post of the NEWBIES thread, is there?   

Gr1pr

So is the NTK PCN letter a POFA compliant one on the front. ?  Or not compliant with POFA 2012. ? In timescales and all wording too

Plan A is still the best option, by complaining to the landowner or managing agent 

The restaurant is probably a red herring, the driver paid by app to park on a pay to park car park on private property owned by somebody, just not by the restaurant used nearby , so plan A means getting a cancellation by the actual landowner or responsible person, not the restaurant itself who have nothing to do with it 

Coupon-mad

It is POFA compliant.

busyasusual

The issue date is 9 days after the parking session delivered to me 16 days after but I can't prove when the letter arrived.

I believe is POFA compliant.

Regarding the blue text above, do you think I need to add any other details such as 'the parking was paid' including the receipt of the payment or us that in contrast with the appeal?

Coupon-mad

Yes of course you add things like a receipt. The blue template section tells you to do that as long as you don't imply who was driving.

busyasusual

Thanks @Coupon-mad, should I mention anything about the issues/errors the person who paid was having with the app which means the option to pay within 10 minutes was outside our control?

Coupon-mad

Save that for POPLA.