Creative Parking / Civil Enforcement

zucco1749

In August 2024 I parked in a pub car park - I asked the landlady if it was OK to park and she said yes. I was issued a ticket by Civil Enforcement / Creative Parking. I spoke again to the landlady ad she said to give her the ticket and she would sort it out as there had been a few people had tickets there incorrectly as they had no permission to use the land for ticketing.
I left it with her. In December I had a letter from DCBL Bailiffs chasing the debt. I contacted the pub again and the landlady sent me a letter she had sent the parking company stating that Creative Parking had no permission to use the land and no contract with her, the land owner since April 2024 (when they took over) and that any tickets to patrons should be removed.
I sent this letter on to DCBL who said I was too late to appeal and that as they had been instructed by the parking company I would still be chased and would have to pay to avoid legal action. They also said that they had been instructed by Civil Enforcement, not Creative Parking so the letter was irrelevant.
I emailed and called them to argue to no avail. I complained to the BPA, who replied that they could only get involved if the code of practice had been breached but they did confirm that Creative Parking and Civil Enforcement were the same company.
I again contacted DCBL and spoke to them. They said that despite me showing them the letter and believing that the ticket was issued incorrectly, they would still be pursuing the matter.
This, as you can imagine, is very frustrating and annoying. 
I have been issued with a ticket by a company who have no right to issue me with it. And I am being hounded and threatened with legal action by them. 
I can afford to pay the ticket, but I have refused to make payment due to the principle that they should not be able to do these things.
What else am I able to do to get them off my back?
I am nervous that they will take me to court without telling me and I will unfairly end up with a CCJ. 

zucco1749

I am unable to appeal to POPLA as I have not been given a reference number from the company to do so.

Coupon-mad

 I contacted the pub again and the landlady sent me a letter she had sent the parking company stating that Creative Parking had no permission to use the land and no contract with her, the land owner since April 2024 (when they took over) and that any tickets to patrons should be removed.

Just ignore the £170 demands and come back if you get a court claim.

Tell them if you move house. That way, there's no CCJ risked.

Show us that letter please (names redacted).

zucco1749

My best attempt at editing

Coupon-mad

zucco1749 said:

In August 2024 I parked in a pub car park - I asked the landlady if it was OK to park and she said yes. I was issued a ticket by Civil Enforcement / Creative Parking.

 I spoke again to the landlady ad she said to give her the ticket and she would sort it out as there had been a few people had tickets there incorrectly as they had no permission to use the land for ticketing.

I left it with her. In December I had a letter from DCBL Bailiffs chasing the debt. I contacted the pub again and the landlady sent me a letter she had sent the parking company stating that Creative Parking had no permission to use the land and no contract with her, the land owner since April 2024 (when they took over) and that any tickets to patrons should be removed.

I sent this letter on to DCBL who said I was too late to appeal and that as they had been instructed by the parking company I would still be chased and would have to pay to avoid legal action. 

I contacted the pub again and the landlady sent me a letter she had sent the parking company stating that Creative Parking had no permission to use the land and no contract with her, the land owner since April 2024 (when they took over) and that any tickets to patrons should be removed.

Thanks - this shows why a landowner contract is needed for appeals/disputed cases and court. A 'witness statement' from a landowner is only true on the date it was signed, and would hide the detail (rules, days of operation, etc) that an adjudicator or judge needs to construe.

They also said that they had been instructed by Civil Enforcement, not Creative Parking so the letter was irrelevant.

How dare they. That's the same company!

zucco1749

Coupon-mad said:

Thanks - this shows why a landowner contract is needed for appeals/disputed cases and court. A 'witness statement' from a landowner is only true on the date it was signed, and would hide the detail (rules, days of operation, etc) that an adjudicator or judge needs to construe.

They also said that they had been instructed by Civil Enforcement, not Creative Parking so the letter was irrelevant.

How dare they. That's the same company!

Thank you - Hopefully, they will leave me alone. If it goes to court I will have to go and take the letter and hope it's enough. I cannot see the landlady wanting to take a day out to come and argue my ticket with me.

Gr1pr

You wont get them off your back until a conclusion within or after a court claim 

Even if a claim is issued,  it doesn't mean a CCJ will happen,  more likely that they will discontinue the claim before any hearing,  chickening out, no CCJ, so dont be intimidated,  fight them at the appropriate time and win with our help 

Ensure that CEL are always aware of your current address,  especially if you move

Coupon-mad

zucco1749 said:

Coupon-mad said:

Thanks - this shows why a landowner contract is needed for appeals/disputed cases and court. A 'witness statement' from a landowner is only true on the date it was signed, and would hide the detail (rules, days of operation, etc) that an adjudicator or judge needs to construe.

They also said that they had been instructed by Civil Enforcement, not Creative Parking so the letter was irrelevant.

How dare they. That's the same company!

Thank you - Hopefully, they will leave me alone. If it goes to court I will have to go and take the letter and hope it's enough. I cannot see the landlady wanting to take a day out to come and argue my ticket with me.

There's more to defending a claim than that. See the Template Defence thread in readiness.