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  • FIRST POST
    • EverAfter
    • By EverAfter 5th Mar 18, 9:08 PM
    • 7Posts
    • 6Thanks
    EverAfter
    CEL - PCN/NTK complies with POFA?
    • #1
    • 5th Mar 18, 9:08 PM
    CEL - PCN/NTK complies with POFA? 5th Mar 18 at 9:08 PM
    Hi, firstly - massive thanks to everyone here for the fantastic advise!
    PCN recieved from Civil Enforcement for overstay of 14 minutes in a 3 hour max car park.
    I've emailed the owners of the retail park and the shops visited and firmly invited them to get the PCN cancelled.
    I'm about to appeal online via the CEL website with the exact wording of the template in the newbies section.
    I followed the "dig deeper" link to understand more about POFA and what may be invalid about the PCN I've received - but as far as I can see, they tick all the boxes...
    Does the standard appeal template in the newbies section still hold true in this case? I'm worried that they've wised up and amended their PCN/NTK template to make it compliant. Happy to provide more details of the PCN if needed - will happily type it out letter by letter if it helps!
    Thanks again you wonderful folk!
Page 1
    • Redx
    • By Redx 5th Mar 18, 10:13 PM
    • 19,633 Posts
    • 24,929 Thanks
    Redx
    • #2
    • 5th Mar 18, 10:13 PM
    • #2
    • 5th Mar 18, 10:13 PM
    the template holds true in ALL cases

    just use it and take the heat after that

    the alleged 14 minute overstay is covered by the BPA CoP so read the relavant section , with 2 allowed overstays rolled into one , one period BEFORE parking up and a second event to LEAVE

    anything less than 21 minutes can be explained away by the CoP if worded correctly

    this is by far your strongest appeal point for POPLA

    PPC,s have had 5.5 years to comply with POFA2012, so maybe they are finnally achieving it - so what ? doesnt mean they comply with the CoP or the laws of the land
    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 6th Mar 18, 7:52 AM
    • 10,239 Posts
    • 10,134 Thanks
    The Deep
    • #3
    • 6th Mar 18, 7:52 AM
    • #3
    • 6th Mar 18, 7:52 AM
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences.

    Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (who take hundreds of these cases to court, and nearly always lose), who have also been reported to the regulatory authority.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.
    Last edited by The Deep; 06-03-2018 at 7:59 AM.
    You never know how far you can go until you go too far.
    • EverAfter
    • By EverAfter 6th Mar 18, 9:31 AM
    • 7 Posts
    • 6 Thanks
    EverAfter
    • #4
    • 6th Mar 18, 9:31 AM
    • #4
    • 6th Mar 18, 9:31 AM
    Thanks - I'll get my appeal submitted now.

    I copied my MP in to my complaint to the landowner and had an email back from him last night with some appropriately supportive words - but I'll take your support over his I think!
    • EverAfter
    • By EverAfter 12th Mar 18, 12:40 PM
    • 7 Posts
    • 6 Thanks
    EverAfter
    • #5
    • 12th Mar 18, 12:40 PM
    • #5
    • 12th Mar 18, 12:40 PM
    Well - today I had a letter from CEL to let me know that the PCN has been cancelled!! I don't know whether this is the result of my email to the landowner, the shops in the retail park or whether it was that they saw your standard appeal template and knew they were in for a fight, but whatever the reason I'm very grateful for this advice from this forum

    Thanks!!
    • The Deep
    • By The Deep 12th Mar 18, 1:34 PM
    • 10,239 Posts
    • 10,134 Thanks
    The Deep
    • #6
    • 12th Mar 18, 1:34 PM
    • #6
    • 12th Mar 18, 1:34 PM
    Do not forget to complain to your MP.
    You never know how far you can go until you go too far.
    • EverAfter
    • By EverAfter 12th Mar 18, 2:27 PM
    • 7 Posts
    • 6 Thanks
    EverAfter
    • #7
    • 12th Mar 18, 2:27 PM
    • #7
    • 12th Mar 18, 2:27 PM
    Yep - copied him (and the MP for the location of the car park) in my complaint to the landowner, with the links to the parliamentary debates. He did reply with some vaguely supportive wording (not copying the landowners back in I noticed). No response from the MP of the location of the car park, but my understanding is that they'll only respond to their own constituents, so no surprises there. Thanks again.
    • Pinkhenry
    • By Pinkhenry 11th Apr 18, 5:08 PM
    • 2 Posts
    • 6 Thanks
    Pinkhenry
    • #8
    • 11th Apr 18, 5:08 PM
    • #8
    • 11th Apr 18, 5:08 PM
    I'm in a very similar situation (CEL/NTK) so interested in the wording of your appeal. Did you specifically mention the overstay and the CoP as this is a point I'd like to concentrate on and would welcome your feedback?
    • KeithP
    • By KeithP 11th Apr 18, 5:14 PM
    • 9,845 Posts
    • 10,185 Thanks
    KeithP
    • #9
    • 11th Apr 18, 5:14 PM
    • #9
    • 11th Apr 18, 5:14 PM
    I'm in a very similar situation (CEL/NTK) so interested in the wording of your appeal. Did you specifically mention the overstay and the CoP as this is a point I'd like to concentrate on and would welcome your feedback?
    Originally posted by Pinkhenry
    Pinkhenry, welcome to the forums.

    Re-read the thread and you will see that the OP sent the template appeal.
    You are advised to do the same, no need to adjust the template, and if you have further queries then you should start a thread of your own.
    .
    • Coupon-mad
    • By Coupon-mad 14th Apr 18, 2:00 AM
    • 62,736 Posts
    • 75,669 Thanks
    Coupon-mad
    I'm in a very similar situation (CEL/NTK) so interested in the wording of your appeal. Did you specifically mention the overstay and the CoP as this is a point I'd like to concentrate on and would welcome your feedback?
    Originally posted by Pinkhenry
    No, none of that is important in an appeal to CEL. Use the template in the NEWBIES FAQS thread that we hope you already found (see my signature below for where to click & read).
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