This is what I’ve wrote to them on the 8th February:
Dear Sir/Madam,
Re:
I am writing to formally dispute the alleged parking violation associated with the above reference number. As the registered keeper of the vehicle, I was not the driver at the time of the alleged incident. Additionally, I did not receive any initial correspondence regarding this matter—only letters from debt collection agencies.
I request that you address each of the following points in your response:
1. The sum you are demanding appears to be a penalty and does not reflect any actual loss incurred. Please provide a breakdown of how this charge has been calculated, as it may be disproportionate, punitive, and potentially in breach of Schedule 2 of the Consumer Contracts Regulations 1999.
2. If you claim a contractual breach has resulted in financial loss to you or the landowner, please provide a detailed explanation of this loss. If you are alleging trespass, please substantiate any consequential actual loss. Given that unoccupied spaces were available, my presence did not prevent other vehicles from parking or making payments.
3. At the time of parking, I did not see any signage at the entrance or within the area. Clear and visible signage is required to form a contractual agreement.
4. Upon revisiting the site, I have confirmed that no appropriate signage exists. Please provide photographic evidence that clearly shows signage was in place on the date in question.
5. Your Civil Parking Notice constitutes an invoice for payment and should therefore include a VAT registration number and invoice reference, in accordance with VAT regulations. The absence of this information raises questions regarding the validity of your demand.
6. If my challenge/appeal is rejected, please provide the following documentation to allow me to prepare a formal appeal to POPLA:
•A copy of your contract with the landowner authorizing you to manage parking at the site.
•A copy of the contract that you allege I entered into by parking.
•Photographic evidence of signage in situ, including locations and dates of photographs.
•A copy of the full terms and conditions for the use of the land.
•A copy of your BPA membership certificate.
•A copy of your enforcement and CCTV protocols.
•A copy of your appeal procedure, confirming compliance with the Arbitration Act 1996.
•Full details of the landowner so that I may contact them directly.
•Copies of all images you hold of my vehicle.
Under the Data Protection Act, I am entitled to access this information. Additionally, please confirm your protocol for handling personal data, including whether images of my vehicle have been disclosed to third parties other than POPLA.
Please provide this information within 35 days of receipt. If you are unable to supply any of the requested documents, please provide an explanation for each omission.
I look forward to your prompt response.
Yours faithfully,
The sent the following on the 3rd May:
We refer to the above and your recent correspondence.
The PCN was issued as you exceeded the maximum free parking period for the vehicle registration XXXXXX on 06/06/2024 at CAR PARK AT CHATHAM ROAD, OFF BRISTOL ROAD SOUTH, NORTHFIELD, B31 2PD.
Following the date of violation, on 11/06/2024 the DVLA provided us with your name and address as the registered keeper for the vehicle. The address provided was the one of (my old address). As such, the PCN and reminder letters were sent to this address. As you are no doubt aware, pursuant to s18 of the Road Vehicles (Registration and Licensing) Regulations 2002, it is the motorist’s duty to ensure that the DVLA is immediately informed of any change of address.
As no response was received to any of our correspondence and in line with section 24.1 of the BPA Code of Practice (this states that we should take 'reasonable endeavours to ensure that the contact details for the person you are writing to are correct'), our debt resolution partner (DCBL) carried out an address check and they located you at a new address (my new address). As such our letter before action was sent to this address.
1. The £70 is, as set out in the Letter before action (LBA), a debt recovery charge. You were given notice of this charge on the signage at the site, and on the PCN. It is permitted under the British Parking Association Approved Operator Scheme Code of Practice – see paragraphs 20.9 and 24.1b. We also refer you to appeal cases VCS Ltd v Percy, VCS v Idle & Ward (both heard at Leeds County Court before HHJ Saffman) and Britannia Parking Group Ltd v Semark-Jullien, an appeal heard by HHJ Richard Parkes QC, the designated Civil Judge at Salisbury County Court, where the entitlement to charge a debt recovery fee was the main issue in the case and the appeal.
1. The legal basis for the ticket we have issued is 'Contract Law'. By parking in the car park where our signs clearly display the terms and conditions of parking, the driver consented, by parking their car on the site and are bound by such terms, therefore PCN was issued correctly, and payment is now outstanding.
2. You stated in your correspondence that there were many vacant parking spaces on the day in question. The capacity of the car park does not alter the stated parking terms, nor does it alter the fact that you failed to adhere to the stated parking terms.
3. Please find attached date stamped images of the signs throughout the car park. We can confirm that we have authority to manage the car park on behalf of the owner/tenant, to enforce the terms and conditions of parking and the authority to issue proceedings in respect of any unpaid charges. A copy of our authority to manage the car park will be provided as part of the disclosure of documents with our Witness Statement should this matter proceed to trial.
4. Please note that we use ANPR cameras which record all vehicles entering and exiting the car park. These high-tech cameras are not designed to monitor movements within the car park and we do not operate Closed Circuit Television (CCTV) cameras.
Numerous letters including a PCN, Reminder and Final Reminder were sent to you and it is now too late to appeal. The sum outstanding is £170. If this sum is not paid in full within 14 days, proceedings will be issued, without any further reference to you.
Yours faithfully,
Legal Team
For and on behalf of
Civil Enforcement Limited
I have attached a copy of one of the PCNs
Many thanks
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