Help please defending 2 PCNs

Coconut123 · 9 March 2018 at 2:57AM

Hi,
Sorry if this has been asked before - probably it has, but hopefully it's an easy answer...

As registered keeper, I received 2 PCNs through the post from Civil Enforcement Ltd. (CEL). Both of these relate to my spouse, not me:

1. Incident date 14 Jan 2018, PCN issue date 30 Jan, received early Feb (can't remember exact date).

2. Incident date 22 Jan 2018, PCN issue date 30 Jan. (again, can't remember when actually received.)

Both 'incidents' were in the same car park. On both occasions the machine was out of order so it was not possible for my spouse to pay. We have photo evidence on mobile phone showing the machine was "Not in use" for the 2nd incident.

Having read the 'Newbies' section, I presume the 1st PCN is null and void, as issued >14 days after incident date, as CEL are members of BPA and purport to follow POFA (the PCN says "this notice is issued under Schedule 4 of the Protection of Freedom Act 2012...") . Please could someone confirm my understanding is correct? Should I still go ahead and appeal online via CEL website, using the standard/ template letter given in the 'Newbies' section? (It is now >28 days since the PCN issue date, so not sure if this is still the recommended course of action, or even allowed?)

Same q. for the 2nd PCN - Should I still go ahead and appeal online via CEL website, using the standard/ template letter given in the 'Newbies' section? (It is now >28 days since the PCN issue date, so not sure if this is still the recommended course of action, or even allowed?) Should I also attach a photo showing the machine "Not in Use" error code and date, or is this not necessary?

Thanks in advance for any help.

Quentin · 9 March 2018 at 5:21AM

Throughout here you are advised never to reveal who was driving

You need to edit your post to remove details of who was driving

The ppcs monitor this forum and can use your posts against you

Yes send the template appeal in for each pcn

Fruitcake · 9 March 2018 at 9:12AM

Nothing makes the PCNs null and void. Scammers do not have to use the POFA 2012. If they don't, then they can't hold the keeper liable, but it doesn't stop them trying.
The 14 days applies to ANPR issued PCNs, not NTDs.

Yes send the template appeal for each PCN, but if they arrived more than 28 days after the PCN was received, then they may reject them out of hand and not supply a PoPLA code.

The_Deep · 9 March 2018 at 10:01AM

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, (these two law firms take hundreds of these cases to court each year). They nearly always lose) and have been reported to the regulatory authority by an M.P.

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.

Coconut123 · 10 March 2018 at 1:15AM

Thanks all.

By the way, the other driver wasn't actually my spouse and the dates are made up. (I'm a newbie but I have read quite a few things on this forum and it made me aware of not revealing any actual info!)

But really wanted to know what happens if you appeal after the 28 days has passed. One of the PCNs is over 28 days. (My fault, I discovered this website too late.) So ok Fruitcake, now I understand they may not give me a POPLA code, but so what.... what then? Would I apply to POPLA direct (after first giving it a go via the parking company's website)? And how does this affect the process?

Coupon-mad · 10 March 2018 at 1:21AM

You can't apply to POPLA direct.

POPLA is not the be-all and end-all of fighting fake PCNs (what do you think we all did pre-POPLA?!) but appeal both anyway and hope for two POPLA codes, as these are so easy v CEL, for a keeper appellant.

If one has no POPLA code then you simply wait for them to sue you (not joking) then beat them like everyone here does every time, by defending and making CEL discontinue, as you will see on every CEL court claim thread (no hearings, 100% discontinued here, when defended well).

Help please defending 2 PCNs

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