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  • FIRST POST
    • RF10
    • By RF10 20th Nov 18, 8:35 PM
    • 12Posts
    • 3Thanks
    RF10
    Civil Enforcement Ltd - Restaurant PCN
    • #1
    • 20th Nov 18, 8:35 PM
    Civil Enforcement Ltd - Restaurant PCN 20th Nov 18 at 8:35 PM
    Hello,

    I received a PCN in the post from Civil Enforcement Ltd for parking without permit on a restaurant car park. I have followed the initial steps as set out on the 'Newbie Thread' and used the template provided. I have received a POPLA code and need to put together an appeal prior to the 23rd November.

    If I am being honest, I feel completely out of my depth regarding how to go about drafting a POPLA appeal and what grounds to appeal on. I have emailed the restaurant with the following which I feel is my case, however do not feel it would stand as a POPLA appeal.

    Dear Owner / Management of Business,
    I have received a PCN (parking charge notice) from Civil Enforcement Ltd relating to my vehicle being parked on the premises of your business, and would like your assistance and kindly request for you to ask Civil Enforement Ltd to remove to charge.

    Firstly, when my vehicle was parked on the premises I was not aware of any restrictions in place, as you are aware the entrance to the car park is off a very busy road, one which you do not have time to stop to read signage due to distance from A34 and entrance. Upon parking in approx 5 bays on the right side, near the bus station there is no signage facing you as you get out of the car and unless you inspect the car park this can easily be missed.

    Secondly, the PCN received stated 'entered the premises at 11.01am and left at 12.35pm'. As the restaurant does not open until 5.30pm therefore I do not believe the business would have been affected as this is out of operating hours. On inspection of the signage it also states 'must obtain a permit within the restaurant', however this would not be feasible due to the establishment not being open.

    Lastly, on the 31/8/18 at approx 4.40pm, I met with (name of met person and restaurant) in order to show around a property on Stone Road. During this meeting my vehicle was parked at the same place along side (name of met person). I did query at the time if there were any objections to me parking there and was told it was fine. Therefore the following week I parked in the same place. As (name of met person) and colleagues have met myself I hope they understand I am a genuine person who does not purposely set out to cause issues.

    The email was sent last Thursday and yet to receive a response. One additional point which I thought since my email, is there is no evidence of my car actually parked in space, I have images provided of entered on vacating the car park and signage at the premises. I really do not wish to go down the route of court action, due to personal circumstances at the moment.
    Last edited by RF10; 20-11-2018 at 8:37 PM.
Page 2
    • RF10
    • By RF10 21st Nov 19, 3:53 PM
    • 12 Posts
    • 3 Thanks
    RF10
    Thank you very much.
    • RF10
    • By RF10 14th Jan 20, 9:16 PM
    • 12 Posts
    • 3 Thanks
    RF10
    So I have today received the long awaited Claim form and will now have to write the defence which I've been dreading, but hopefully can beat these crooks. The issue date on claim form is 09 Jan 2020.
    • KeithP
    • By KeithP 14th Jan 20, 9:32 PM
    • 19,593 Posts
    • 24,988 Thanks
    KeithP
    So I have today received the long awaited Claim form and will now have to write the defence which I've been dreading, but hopefully can beat these crooks. The issue date on claim form is 09 Jan 2020.
    Originally posted by RF10
    With a Claim Issue Date of 9th January, you have until Tuesday 28th January to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. To file an AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

    Having filed an AoS, you have until 4pm on Tuesday 11th February 2020 to file your Defence.

    That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


    When you are happy with the content, your Defence could be filed via email as suggested here:
    1. Print your Defence.
    2. Sign it and date it.
    3. Scan the signed document back in and save it as a pdf.
    4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    5. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    6. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.

    Having filed your Defence, there is more to do...
    1. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
    2. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet, and then complete it as described by bargepole in his 'what happens when' post.
    3. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
    4. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.
    .
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