Civil Enforcement PCN internal appeal unsuccessful

thesagor

Hi, 

Hoping for some advice.

I received a PCN from civil enforcement after we parked in the carpark of a restaurant we visited.  There was a sign outside saying permit holders only, and only for the use of patrons, and there was one inside about parking too, so I asked the staff who said I don't need to give my registration as the machine wasn't working and not to worry.

Date was 26/04/25, the PCN was issued 01/05/25 but i didn't receive the letter till around the 12/05/25.  My partner contacted the restaurant who said to email them and they will cancel it.  So we left it alone. 

I then recieved the reminder dated 18/05/25 on 23/05/25 saying i needed to now pay £100.  I went to the restaurant and spoke to the manager who said they wil deal with it and we should email them the info again and that I should not worry about it.  However, i felt i needed to appeal to avoid it getting escalated.

I used this text in their online page: " 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."

On 28/05/25 I received a email with an attached letter saying appeal was unsuccessful as they have no record of my car being exempt from parking restrictions, and that I have 2 options, either pay up or go to POPLA within 28 days of the letter.

My issue is I don't trust the restaurant has been able to cancel the charge for whatever reason, and that I shouldn't leave this without a resolution.  Any advice will be appreciated, thanks.

LondonLad187

How did they deal with your appeal?
Did they email you a link to their response?
Was the response on a public webpage that anyone with the link can view with no secure log in etc and did it include your personal information - Name, Address and Reg?
Do you feel that they followed GDPR?

Half_way

They will turn down your "appeal" by default, as that doesnt make them any money.

Do not identify or guess as to who was driving 

Get back in touch with the restaurant and ask them why their agents have not cancelled the parking charge as requested and what they are going to do about it

Coupon-mad

No idea if you got a POFA worded NTK because you haven't shown it to us yet, despite it being the vital document.

A reminder is nothing, we don't want to see that. Your point about the POFA was likely wrong. You can't prove when the NTK arrived.

A better point to win at POPLA stage would be if the £100 was not 'in big' on the signs in the car park.  If you can, go get photos this weekend and complain to the businesses in person.

Show us the signs and the NTK, both sides.

thesagor

Thanks for info, sorry for missing out the first letter, here it is.  I used the web address that was on the back of this letter for the appeal.

I've not been able to get over there this weekend but will go during the week to get pics, thanks.

So once I get pics, can then plan next step forward.

I had complained to the manager, all they are saying is not to worry about it, they will sort it, but its been over 3 weeks.  We won't be going back there as customers. 

Coupon-mad

I would still pop in again in person, when you go to take photos. You never know, a nudge might see the retailer/business come good.

thesagor

Apologies for the delay in replying, unfortunately had some things go on so not been able to go over.

The restaurant owner/manager did eventually email saying PCN was cancelled. I haven't heard anything from Civil Enforcement though. 

I went over today but the restaurant was closed though got these photos. Do I just wait it out or should I contact Civil Enforcement saying restaurant owners have advised its been it has been cancelled?

Car1980

I would forward the email to CEL.

And copy in collections@dcbltd.com and info@dcblegal.co.uk

That'll take up some of their time. And cover yourself.

thesagor

Thanks.  Who are these that you mention? Do I just forward email received and say its cancelled?

Car1980

The case may well have been sent to their
debt collectors and bulk litigator. So best to cover yourself.

You'll likely still get some threatograms in the post (which you could kick off about if you had the energy), but if they did make a court claim you would have some evidence. But mostly, you'd hope, they wouldn't be stupid enough to make a claim now they know.

I'd just say 

"Ref 1223456
Reg AB12 CDE

For your records see below that the landowner has instructed this PCN to be cancelled and obviously no payment will be made."

thesagor

Thanks for your advice, I'll do that.