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  • FIRST POST
    • cheltenham ross
    • By cheltenham ross 23rd Jan 18, 4:43 PM
    • 3Posts
    • 3Thanks
    cheltenham ross
    PCN from CEL in Greenwich
    • #1
    • 23rd Jan 18, 4:43 PM
    PCN from CEL in Greenwich 23rd Jan 18 at 4:43 PM
    Hello All,

    Thanks in advnace to all of those who have shared guidance and insight into parking issues. I have read a huge amount of posts, but wanted to ask for help with my specific case as I have some conflicting thoughts now I have digested all that I read.

    I received a PCN letter from Civil Enforcement Ltd. It was in a car park servicing a number of shops in Greenwich - the precise location is 237-259 Greenwich High Road - I believe it may have cropped-up on here before...

    The notice states that "Payment was not made in accordance with the terms displayed on signage". Which seems a common reason for these notices being issued. Incidentally, we were in the car park for 12 minutes and 56 seconds. So, 2m56s over the grace period.

    I have a number of questions that I can hopefully be assisted with:

    1. The date of parking was 13/1/18. The PCN letter was sent on 17/1/18. Is this incorrect? I believe I read that the DVLA cannot be contacted within 28 days.

    2. My wife is 7 months pregnant. Does the 2010 equality act apply here?

    3. The store we visited was Pound Store (to get some baby items...) and we made a purchase. The problem is, I cannot find any contact info for PoundStore, only that my credit card receipt says PoundStretcher Ltd (and they are not answering their customer service number), plus the store was only a recent opening, so I am unsure of their relationshop with CEL.

    4. The only sign I can see faces into the car park and is not visible from the road. The font size is generally small and the 100 'fine' is somewhere in the smallest print.

    What would be my best plan of action? 100 (or even 60) will buy a few nappies when the little one makes an appearance, so I'd prefer it went on Pampers than parking charges.

    Thank you in advance

    Ross
Page 1
    • Redx
    • By Redx 23rd Jan 18, 4:49 PM
    • 18,115 Posts
    • 22,903 Thanks
    Redx
    • #2
    • 23rd Jan 18, 4:49 PM
    • #2
    • 23rd Jan 18, 4:49 PM
    1) if no windscreen ticket was issued then under POFA2012 cel have 14 days to obtain and send the keeper the pcn in the post , so by day 15 where day 1 is the day after the incident

    the 28 day bar is foir windscreen tickets to drivers ONLY, (under POFA2012)

    2) Probably

    3) chances are its a retail park so complain to the MA , or contact the other shops and find out who they rent from, or who the landowner is

    a google search and a forum search on here may reveal similar details

    4) signage is almost always to be cited in any appeals, they rarely meet the criteria

    the grace period could also be argued if there were delays in parking and exiting (hint)

    CEL are BPA members so use the blue text template in the NEWBIES FAQ thread, then its POPLA if they fail to cancel

    a landowner cancellation is always best, but do not exceed the appeal window of 28 days
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • The Deep
    • By The Deep 23rd Jan 18, 6:35 PM
    • 9,209 Posts
    • 8,979 Thanks
    The Deep
    • #3
    • 23rd Jan 18, 6:35 PM
    • #3
    • 23rd Jan 18, 6:35 PM
    I would have cincerns about that sign, masses and masses of small print, the charge for overstay etc., is buried in the print, it is only a small car park, what happens when you have to wait for a space.

    I would venture that they would struggle if they took you to court on that signage.

    Read the transcript of Excel v Cutts here


    http://nebula.wsimg.com/1bb26d17be44123a662f3e1910ea8cf9?AccessKeyId=4CB8F 2392A09CF228A46&disposition=0&alloworigin=1
    Last edited by The Deep; 23-01-2018 at 6:45 PM.
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 23rd Jan 18, 6:45 PM
    • 57,473 Posts
    • 71,054 Thanks
    Coupon-mad
    • #4
    • 23rd Jan 18, 6:45 PM
    • #4
    • 23rd Jan 18, 6:45 PM
    What would be my best plan of action?
    The registered keeper (named on the letter) submits the template appeal from the NEWBIES PLEASE READ THESE FAQS FIRST thread.

    Then CEL cancel...

    ...or they cancel at POPLA stage.

    Dead easy.

    This is why the sticky thread is there, no need for so many threads we can't keep up with.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • The Deep
    • By The Deep 24th Jan 18, 11:48 AM
    • 9,209 Posts
    • 8,979 Thanks
    The Deep
    • #5
    • 24th Jan 18, 11:48 AM
    • #5
    • 24th Jan 18, 11:48 AM
    The whole thing is a scam. How can they possibly think that a mis-typed number plate in a machine, or some other minor breach of their one-sided contract, has so damaged them that they are entitled to 100 compensation.

    They will huff and puff, mention credit chaos, thtreaten you will penury, etc. etc., etc., but, if it gets to court, even if they win, (by no means a given), they will have spent far more than a judge will award them.

    The whole thing is computer driven and very little common sense is applied to the process.
    You never know how far you can go until you go too far.
    • cheltenham ross
    • By cheltenham ross 10th Feb 18, 6:38 PM
    • 3 Posts
    • 3 Thanks
    cheltenham ross
    • #6
    • 10th Feb 18, 6:38 PM
    • #6
    • 10th Feb 18, 6:38 PM
    I received my cancellation notice today!

    Thank you to all on here for your help
    • The Deep
    • By The Deep 10th Feb 18, 7:43 PM
    • 9,209 Posts
    • 8,979 Thanks
    The Deep
    • #7
    • 10th Feb 18, 7:43 PM
    • #7
    • 10th Feb 18, 7:43 PM
    Well done, now complain to your MP (after reading this).

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41
    You never know how far you can go until you go too far.
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