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Civil Enforcement LTD - Court claim - no appeal

kiddsky
kiddsky Posts: 26 Forumite
edited 10 October 2016 at 2:37PM in Parking tickets, fines & parking
Back in 2014 I received a parking charge notice in one of the new car parks they created in Tyneside. It was an empty car park and it was about 22:30. The lights werent installed on the lampposts they had or werent working and the only signange they had back then were the small signs on the broken lampposts.

As soon as i received the charge notice i appealed it, but also requested additional information of them. (How many signs they have in the car park, how many large signs etc).

They never replied literally not even to say that my appeal has been successful or not so i didnt get a POPLA number or anything.

They havent been in touch since. until today where they sent a letter before action.

I dont know what to do because they never responded to my appeal and i never chased it. (I am about 80% sure that i have confirmation email that they have received it) Since then they have removed their email from the website so literally only way to contact them is a letter in the post.

in later months from the parking charge they erected the big sign stating the parking rules and also SOME lights now work.

Any advice?

Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Dear Sirs, I refer to my letter dated xx Xxxxxx 2014, a copy of which I attach for ease of reference, are you yet able to let me have a reply please?
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 41,324 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Complain to the BPA that there was no response to your initial appeal and get them to investigate.

    Tell them you find it appalling that an operator that they oversee is issuing court proceedings without having gone through due process as laid out in their 'effectively binding' Code of Practice.

    In addition complain to Theresa May, Sir Oliver Heald and your local MP. Please read this thread for rationale and process.

    http://forums.moneysavingexpert.com/showthread.php?t=5524754

    You have to throw everything at this now; never cower when a bully is threatening you; fight fire with fire.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • kiddsky
    kiddsky Posts: 26 Forumite
    I have phoned BPA and they told me that CE Ltd dont have to reveal the method of communication as to how they responded to my appeal (Which i have no idea what its supposed to mean)
  • Umkomaas
    Umkomaas Posts: 41,324 Forumite
    First Anniversary Name Dropper First Post Photogenic
    kiddsky wrote: »
    I have phoned BPA and they told me that CE Ltd dont have to reveal the method of communication as to how they responded to my appeal (Which i have no idea what its supposed to mean)

    You're at the serious end of this now, so everything in writing. In fact wherever you are on the PPC PCN continuum, never rely on phone calls - they provide no audit trail, and you can't show a judge a phone call.

    Write to the BPA (as per above advice).
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 131,349 Forumite
    Name Dropper First Post Photogenic First Anniversary
    They havent been in touch since. until today where they sent a letter before action.
    The important thing to do is to reply to the above, not get bogged down in whether a reply was sent in 2014 or how...too much detail, far too much delay and you certainly do NOT phone people up about this (we never tell anyone to make phone calls - where is your paper trail with a phone call, you get nowhere fast!). You'll get court papers at this rate - that would be defendable but you need to reply to this letter, sharpish.

    LBCCC responses are all over the forum, copy/adapt one and show us your version.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Myriddin
    Myriddin Posts: 223 Forumite
    kiddsky wrote: »
    Any advice?
    Dear Sirs
    As you have not responded to my letter of appeal dated ……….. within the timescales outlined at clause 22.8 of the latest BPA code of practice (version 6), I now consider this matter closed.

    [FONT=&quot]Any further correspondence, other than confirmation of cancellation, will be reported to the BPA as a breach of their code of practice and code of professional conduct.

    If you have proof of posting and the original appeal letter you sent then enclose copies.
    [/FONT]
    'People are stupid; they can only rarely tell the difference between a lie and the truth, and yet they are confident they can, and so are all the easier to fool.' Wizard's first rule © Terry Goodkind.
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