Civil Enforcement Limited (CEL) parking charge notice

dominicnp

Hi 

Thanks in advance for any advice and help.

On the 22nd July the driver of the car in question was parked in a car park for around an hour. On arrival the driver paid for some parking and got a pay and display ticket to do some shopping. It quickly became apparent that additional time was needed so the driver purchased a further pay and display ticket to cover the additional time needed. At no time was the car parked without time being paid for. The car did not leave the car park at any point covered by the pay and display tickets.

As the registered keeper I have now received a parking charge notice from CEL with a vague allegation of payment not made in accordance with notified terms. There is no other information or evidence attached.

As keeper I contacted Aldi - the store at which I was shopping and provided evidence of a receipt for the shopping I bought. Unfortunately they have now come back saying that they cannot get the charge cancelled:

"I’m sorry you have got a charge for parking in the car park.

Aldi does not own the land this carpark is on and has not asked CEL to send you a charge. This means we can’t help cancelling this charge.

Our advice is to provide them with your shopping receipt and any other information about the overstay to support the appeal. Fingers crossed, they'll cancel the charge for you."

I have looked at the newbies thread and from what I can gather it appears that this NTK is not POFA compliant and has been sent outside the 14 day period. I have attached a redacted copy of the front and back of the parking charge notice for information.

Am I right in just sending the blue text response (below) in the newbies thread saying the following in my appeal a keeper to CEL? 

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.

Thanks for your help!

LDast

Even better, just send the following as the keeper:

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.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012,  namely paragraph 9(4)(b) in that it was not given within the "relevant period", you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. 

I suggest you go pursue the driver or cancel the PCN.

Coupon-mad

Yes, do that.

DO NOT ANSWER THE QUESTION ASKING IF YOU WERE THE DRIVER.

dominicnp

Thanks both - response sent. I left the driver question but it defaulted to "I? was not the driver". I assume that is ok as it did this automatically when I left the question.

Coupon-mad

That is fine.

dominicnp

HI all - just to let you know I received a cancellation email for the parking charge. No reasons given just that they were cancelling the charge. thanks for all your help!

Coupon-mad

Great news. Easy when you know how!