Civil Enforcement Ltd

alanpg1980

Hello can someone help, I got a false penalty charge for a car I was driving for attempting to use a KFC that so happened to be closed at the time I turned up. So I turned around and went away but came back 2-3 hours later and used the KFC for lunch. First time I turned up for less than 1 minute to find it was closed and I drove away back to work. Came back several hours later to get food, left 7-8-9 minutes later approximately, so 2 visits lasting no longer than 10 minutes total. They sent me a PCN saying I’d parked there for over the 2 hours allowed they showed a picture of me turning up in the morning, and a picture of my car leaving in the afternoon when I came back later, but shown no pictures of me leaving after the first picture and me arriving before the second picture, cutting out the fact I left and came back later. I pointed this out twice and it was ignored twice, I then spoke to POPLA and they said they’ve followed the protocols and procedures correctly, I in no way am paying for a fake made up fine and would like advice as civil enforcement Ltd and pools seem to both have ignored my appeal and think I’m at fault and refuse to look at the video evidence proving me right. What do I do please??

LDast

You obviously didn't mention "double dip". It is too late to do any more appeals though you could try complaining to CE and reminding them about their obligations to follow the Code of Practice (CoP) they are signed up to.

If this event happened after 27th June 2024, then have a look at the Joint CoP, section 7.3(d) which they have obviously breached as they have not performed the required manual quality control checks. Note 1 following the section specifically mentions "double dipping". You are complaining, not appealing and you should make this clear.

This should be done as the Keeper. Do not identify the driver.

Do not use the words "fine" or "penalty" as the PCN is neither. It is a speculative invoice from an unregulated private parking company for an alleged breach of contract by the driver.

1505grandad

Known as "double dipping". They should have adhered to the single CoP before issuing the palter parking charge:-

https://www.britishparking.co.uk/write/Documents/AOS/NEW Redesigned Documents/sectorsingleCodeofPractice.pdf

7.3. Use of photographic evidence

"NOTE 1: The manual quality control check for remote ANPR and CCTV systems is particularly important for detecting issues such as “double dipping”, where image camera systems might have failed to accurately record each instance when a vehicle enters and leaves controlled land, and for checking images that might have been taken other than by a trained parking attendant (see Clause 15)

Coupon-mad

Yep make a complaint to CEL then when they reply, if they don't cancel it then a complaint to the BPA for breaching the requirement to check all images to avoid PCNs in double dip cases.