PCN from Civil Enforcement Limited PCN - Horfield Leisure Centre (Keeper, not Driver)

MachaKing

Hi all,

I’ve received a Parking Charge Notice (PCN) from Civil Enforcement Ltd (CEL) and would like some advice.

Details:

• Location: Horfield Leisure Centre, Bristol

• Parking company: Civil Enforcement Ltd (CEL)

• Alleged contravention: "Exceeding the notified maximum free parking period of 3 hours" 

• I am the registered keeper. I was not the driver.

The driver was a genuine customer at the leisure centre. It seems very unfair that patrons are being penalised for using the facilities.

My questions:

1. Should I appeal to CEL now using the standard template from the NEWBIES thread, as keeper only (without naming the driver)?

2. Do CEL comply with POFA – i.e. can they actually hold me, the keeper, liable if they don’t know who was driving? Looking at the POFA vs non-POFA compliance sample NTK's, it looks like the one I received is POFA? (Links to images of front/back of NTK below)

3. I plan to complain directly to Horfield Leisure Centre as landholder and ask them to cancel – I only see one success story in the Successful Complaints thread for CEL Horfield Leisure Centre. Can anyone advice on the best approach?

I’ve read the NEWBIES sticky but just wanted to check I’m on the right track before I act.

Thanks in advance!

Here's the front and back of the PCN from Civil Enforcement Limited:
hxxps://ibb.co/R4VKHhFF

hxxps://ibb.co/pj72p0Sb

Gr1pr

You say that you read the newbies sticky thread   ?  Yet dont mention plan A

To be clear, plan A is always the best option in these cases,  especially for keepers who weren't driving,  so get the leisure centre to cancel it ASAP 

1) only around day 26 if plan A fails, so plan B is just before the appeal window shuts, after plan A 

2) usually they are Pofa2012 compliant, so you could be liable 

3) definitely plan A,  complain,  especially if the driver was a patron, genuinely using the centre

Gr1pr

You say that you read the newbies sticky thread   ?  Yet dont mention plan A

To be clear, plan A is always the best option in these cases,  especially for keepers who weren't driving,  so get the leisure centre to cancel it ASAP , number 3) on your list, should have been number 1)

1) only around day 26 if plan A fails, so plan B is just before the appeal window shuts, after plan A 

2) usually they are Pofa2012 compliant, so you could be liable 

3) definitely plan A,  complain,  especially if the driver was a patron, genuinely using the centre

MachaKing

Plan A:

1) I made a complaint using the leisure centres feedback form. Received a template response, that basically said it's the driver's fault for missing the signage, and that they're not going to cancel the PCN.
2) I also went to the leisure centre in person with evidence the booking for the sports session attended by the driver to complain about the PCN on a Saturday. Conveniently managers don't work on weekends, their busiest time of the week.
3) I've also written to the managing director of EveryoneActive to request for cancellation of the PCN.

I've submitted the initial appeal (blue template on newbies thread as-is) to CEL via their website.

MachaKing

As expected, CEL have rejected the initial appeal stating:

"On this occasion, your appeal has been unsuccessful for the following reason:

This ticket was issued for exceeding the free stay allowance in the above car park.

Please find attached your photographic evidence as requested.

We are a car park management company and we manage the above car park on behalf of our client. We are a member of the British Parking Association’s Approved Operator Scheme, which requires that we have landowner/controller authorisation in order to enforce and issue PCNs at the premises. The signage at the site confirms that we have the requisite authority to manage and enforce the terms and conditions of parking at the premises.

It is the drivers responsibility to pay this PCN.

However, in England and Wales, if after 28 days from the Issue Date, this PCN has not been paid or you have not provided us with the name and current address for service of the driver, then under Section 4 of the Protection of Freedoms Act 2012 we do now have the right, subject to the requirements of the Act having been complied with, to recover from the Registered Keeper at the time the vehicle was parked, sums that remain unpaid.

Alternatively, you can of course make a payment directly to us and recover the amount due from the driver.

It is therefore our position that the Parking Charge was validly issued because of the above detailed breach of the terms and conditions set out on signs in the car park. You have now reached the end of our internal appeals procedure.

You now have two choices:
1. Pay the original reduced charge within 14 days beginning with the date of this letter, after which the PCN charge will revert to the original charge detailed on the PCN. To make a payment at the lower rate please visit www.ce-service.co.uk.
2. If you are not satisfied with our decision, you may appeal to the Independent Appeals Service (POPLA) via www.popla.co.uk using verification code XXXX within 28 days from the date on this letter. However, if you decide to appeal to POPLA, the reduced rate will no longer be available, and the full charge will apply if the appeal is not upheld in your favour. According to the latest data published by POPLA, which you can view at www.popla.co.uk/reports, between 1 October 2023 to 30 September 2024, POPLA decided in favour of Civil Enforcement Limited and upheld the validity of the PCN in 88% of contested cases.

You must now either pay the outstanding amount or appeal to POPLA but you cannot do both. If you do not choose either of the options above, we will seek to recover the outstanding sum by referring your case to a third-party debt recovery agent and may commence court action against you. This may incur additional costs for which you may be liable.

By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal (www.ombudsman-services.org). However, we have not chosen to participate in their alternative dispute resolution service. Should you wish to appeal further you must do so to POPLA, as explained above. Yours faithfully, Appeals department."

The charge is back down to the "discounted rate" of £60 for 14 days, and they have provided the POPLA code.

MachaKing

The leisure centre management company Everyone Active refused to cancel the PCN, even with proof that the driver was a legitimate user of the facilities at the time in question.

If I understand correctly, the Government Code of Practice has been withdrawn, and the BPA and IPC now operate under an industry Code of Practice (POPLA report 2024: hxxps://www.popla.co.uk/jsycjdw1p8kq/Report2024/report2024.pdf) ?

In the report, one the appeals categories is unclear signage: "The motorist had a different understanding of the parking rules to the parking operator. For example because the signs were unclear", and they mention a couple of times: "It is important that parking operators make terms and conditions clear and unambiguous to motorists to avoid confusion"

In anticipation of the PPC appeal rejection, I went to the site in question and took a couple of photos.

The sign on entering the car park says in big letters:

"MAXIMUM 3 HOURS FREE PARKING FOR SPORTS CENTRE MEMBERS"

and the tiny signs scattered around the car park at significant height (I'd say 8-9 feet above the ground) say:

"3 HOURS MAXIMUM STAY - FOR MEMBERS WHILST USING THE SPORTS CENTRE IF YOU WISH TO PARK FOR LONGER YOU MUST REGISTER FOR A PERMIT AT RECEPTION". In even smaller fonts: "IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100. These terms apply at all times. Additional costs/recovery charges will be incurred if payment is not received within 28 days. We use manual patrols and ANPR cameras to monitor the private property and may contact the DVLA to request the Registered Keeper's details in order to send a Parking Charge Notice (PCN). Data Protection Information is displayed at the entrance to the car park. View our full privacy policy at www.ce-service.co.uk/privacypolicy or email dataprotectionofficer@ce-service.co.uk."

So the signs all say "FOR SPORTS CENTRE MEMBERS". However, I (the registered keeper) nor the driver are members. Is this sufficient grounds for a successful POPLA appeal?

Coupon-mad

You can try POPLA or not bother.

Either way you won't ever pay a penny.