Civil Enforcement

Coupon-mad

ThorOdinson said:

Coupon-mad said:

ThorOdinson said:

If I have never received an NTK then presumably it's far too late now.

Eh?

But the reminder says the first PCN was less than 28 days ago. What are you waiting for?

I don't follow. I never got the first PCN apparently, if they even sent it. I've sent them an SAR just to see what they have, if anything.

I didn't get a first letter, only two reminders, a day apart.

Now I'm just waiting for the outcome of the appeal I lodged with them. Should I do something else?

No. It read as though you hadn't appealed.

ThorOdinson

rachity said:

ThorOdinson said:

rachity said:

It's amazing how often the first postal PCN's go missing.

I wonder why

Do they think people will just capitulate and pay the higher demand, even when it's their fault that the first letter never came?

Unfortunately, you're looking at this through the wrong end of the telescope.

All they have to do is show that the letter (pcn) was properly addressed, postage paid & sent to you.

It is then deemed by law to have been delivered.....unless you can prove that it wasn't.

https://www.legislation.gov.uk/ukpga/1978/30/section/7

How do they do that? Registered post?

Coupon-mad

There's no such thing as registered post. There was in the 1970s!

And no they don't have to prove the NTK was posted. POPLA is usually best avoided and just ignore the case like everyone else here.

Read up on it. Please don't ask about debt demands or court claim 'risk'. It's all already in the fourth then the second posts of the NEWBIES thread.

ThorOdinson

I've tried reading that thread, but it's not very clear. That's why I wanted to check what the next step was.

I'll see what they come back with.

whoimi

rachity said:

ThorOdinson said:

Appeal sent.

OK

CEL may turn it down.....time will tell

If so, brace yourself for a flurry of debt collector's letters.....inc the £70 increase.

So in that event, if it were me I'd just ignore them & file for future use, & wait to see if CEL sends a letter before (County Court) claim.

Let us know how it pans out.

There is an option for "Reappeal" on the CEL Website, in the letter i find once they reject your appeal they say its the end of the internal process and send you a popla code, if log back in to the CEL appeal site there is an option of Reappeal button, i found

Their Website is very cleverly designed to trick you the appeals, there is even an option where if you go to Appeal the first queston they ask is are you the Drive "If you press yes then you admit you are drive" if you press no then it doesnt allow you to continue, but if you hit the "Proceed" button twice it by passes it completely then the final form you have to fill in give you the option "I am appealing as an Individual"

Either they have done this deliberatley or their site has been programmed buggy, i think its the first though!

rachity

whoimi said:

rachity said:

ThorOdinson said:

Appeal sent.

OK

CEL may turn it down.....time will tell

If so, brace yourself for a flurry of debt collector's letters.....inc the £70 increase.

So in that event, if it were me I'd just ignore them & file for future use, & wait to see if CEL sends a letter before (County Court) claim.

Let us know how it pans out.

There is an option for "Reappeal" on the CEL Website, in the letter i find once they reject your appeal they say its the end of the internal process and send you a popla code, if log back in to the CEL appeal site there is an option of Reappeal button, i found

Their Website is very cleverly designed to trick you the appeals, there is even an option where if you go to Appeal the first queston they ask is are you the Drive "If you press yes then you admit you are drive" if you press no then it doesnt allow you to continue, but if you hit the "Proceed" button twice it by passes it completely then the final form you have to fill in give you the option "I am appealing as an Individual"

Either they have done this deliberatley or their site has been programmed buggy, i think its the first though!

Thanks for the info.

Weird, though. According to the Code of Practice, you only get one chance to appeal each PCN.

As for hitting buttons, with my lack of IT skills I'd probably start WWIII or something

Coupon-mad

You can't re-appeal and POPLA is probably pointless. None of your concerns will stop CEL. The landowner can.

ThorOdinson

whoimi said:

rachity said:

ThorOdinson said:

Appeal sent.

OK

CEL may turn it down.....time will tell

If so, brace yourself for a flurry of debt collector's letters.....inc the £70 increase.

So in that event, if it were me I'd just ignore them & file for future use, & wait to see if CEL sends a letter before (County Court) claim.

Let us know how it pans out.

There is an option for "Reappeal" on the CEL Website, in the letter i find once they reject your appeal they say its the end of the internal process and send you a popla code, if log back in to the CEL appeal site there is an option of Reappeal button, i found

Their Website is very cleverly designed to trick you the appeals, there is even an option where if you go to Appeal the first queston they ask is are you the Drive "If you press yes then you admit you are drive" if you press no then it doesnt allow you to continue, but if you hit the "Proceed" button twice it by passes it completely then the final form you have to fill in give you the option "I am appealing as an Individual"

Either they have done this deliberatley or their site has been programmed buggy, i think its the first though!

Yes, I noticed that. Pressed proceed twice. They won't let you appeal without an email address and phone number, and you have to validate the email. I put in zeroes for the phone number, and made a complaint to their data protection address.

So when they inevitably reject the appeal, should I bother with POPLA? Is there any downside to not using it later, like the court saying you didn't use the non legal options first?

The land owner is refusing to help. I'll hold them jointly liable for any costs. I see there is another thread with someone going to SCC next week for that.

Coupon-mad

No you don't have to try POPLA and won't be judged later if you swerve it now.

ThorOdinson

Had an email from them, they have cancelled the PCN. I guess they realised that they screwed up by not sending the first notice and the sending the reminder twice, or maybe the copy/paste appeal from here scared them off. Thanks everyone for the assistance.

So next step is to recover costs, because I wasted my time on this.

What is a reasonable rate for my time?

Who do I hold liable, Civil Enforcement or the pub who employed these clowns?