Civil Enforcement PCN

Llanfoist · 15 October 2019 at 10:26AM

I was issued with a PCN by post dated 27th September, incident date 19th September. I appealed online & then in writing with proof of postage. My letter used the words 'I parked' & 'I paid' will this be sufficient to prove driver liability?
The representation pack asks me to admit or dispute the debt. I fully intend to dispute as I paid & the machine was faulty, however would you advise I complete the form or ignore?
I have been issued with a POPLA code to which I have not yet replied.
I have written to the landowner & am awaiting a reply.
In my letter I have asked for machine records around the time I parked, the machine has my cash as a fact. At what stage are Civil Enforcement bound to provide this?

Umkomaas · 15 October 2019 at 10:35AM

My letter used the words 'I parked' & 'I paid' will this be sufficient to prove driver liability?

Afraid so.

The representation pack asks me to admit or dispute the debt.

What exactly is this ‘representation pack’? Is it headed ‘Letter of Claim’ (or similar), or is it a Court Claim issued by the Northampton CCBC?

however would you advise I complete the form or ignore?

Depends on your answer to above.

I have been issued with a POPLA code to which I have not yet replied.

What is the date on the letter containing the POPLA code?

In my letter I have asked for machine records around the time I parked, the machine has my cash as a fact. At what stage are Civil Enforcement bound to provide this?

Was it a machine where you also had to enter your VRM alongside your payment? If not, how will anyone be able identify a cash payment as being yours?

Llanfoist · 15 October 2019 at 9:15PM

The letter from CE attaches a Response pack,apologies not representation.it is not a letter of claim or court claim. It asks whether I agree or dispute the debt & includes a standard financial statement.
Popla code letter dated 7th October.
The machine asked for VRN, there was only 2 other cars there when I arrived & no more when I left.
The number of transactions in the half hour I was there would be negligible if any.

Coupon-mad · 16 October 2019 at 12:03AM

This makes no sense. If they sent a rejection letter with POPLA code that is valid for a month, why have they sent a LBC?

Are you sure the LBC is not about another PCN from before? They can't send a LBC about this one.

You know what to do for a POPLA appeal anyway, from post #3 of the NEWBIES thread.

The_Deep · 16 October 2019 at 9:21AM

[FONT=Times New Roman, serif]Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies[/FONT]

Llanfoist · 16 October 2019 at 10:19AM

I don't believe I've had an LBC the letter calls this a response pack. Looking at a POPLA appeal, given that by using the words 'I parked & I paid it appears I have admitted driver liability my main areas seem to be signage & landowner authority.

At what stage will CE provide evidence of data & proof that the machine was working, a fact they insist in their denial of my initial appeal. Do I highlight this in my POPLA appeal?

Umkomaas · 16 October 2019 at 10:47AM

At what stage will CE provide evidence of data & proof that the machine was working, a fact they insist in their denial of my initial appeal. Do I highlight this in my POPLA appeal?

If you include reference to it in your POPLA appeal and ask that CEL produce it as part of their evidence pack to POPLA, that’s the earliest chance you have of seeing it. If they don’t produce it to POPLA, when your turn comes to rebut their evidence, you highlight their failure to produce, therefore having no evidence to underpin their charge.

Coupon-mad · 16 October 2019 at 11:45AM

the letter calls this a response pack.

Oh, you mean this is the rejection letter and the attachments are the POPLA pages that no-one here uses? But this makes no sense for a POPLA appeal:

It asks whether I agree or dispute the debt & includes a standard financial statement.

So, are you describing TWO letters? One rejection letter with POPLA code, and another dated a different day, with this financial thing?

Llanfoist · 16 October 2019 at 12:23PM

Response to representation letter rejecting my appeal & issuing POPLA code dated 7th October.

Letter dated 10th October attaching response pack which includes a standard financial statement asking for my income, outgoings etc & a reply form asking if I owe the debt, dispute the debt, intend to get debt advice, provide or need more documents.

Coupon-mad · 16 October 2019 at 12:40PM

OK so that second one sounds like a LBC.

How is it headed and what does the first paragraph say, and is it definitely about the same event, date, PCN ref?

Llanfoist · 16 October 2019 at 12:45PM

Same date & PCN reference. There is no heading, just vehicle reg. PCN reference date of incident & site.

The only wording is We refer to the above. Please find attached the response pack as requested. Note I didn't request one.

Civil Enforcement PCN

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