Author Topic: PCN from 'Civil Enforcement Ltd'  (Read 856 times)

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PCN from 'Civil Enforcement Ltd'
« on: »
Hi,

Long time member of pepipoo, new member here!

I was looking for some advice regarding the following situation if anyone could help please.

The driver of the car on 29/05/24 entered the car park on 13:20 to drop off passengers who were going to 'fun town' and promptly left. The driver then returned at approximately 17:10 to collect the passengers and promptly left again.

The letter which has been received, seems to ignore the times that the vehicle left and returned to the car park between the times stated on the letter.

I attach images showing route of entry to the car park and the parking space utilized (shown in red), and also pictures of relevant signs at the car park (pictures taken 24.06.24)

Any help regarding contesting this would be greatly appreciated.

If any more information is required then I would be happy to provide it.

Thanks






« Last Edit: June 24, 2024, 12:06:11 pm by owens_2k »

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Re: PCN from 'Civil Enforcement Ltd'
« Reply #1 on: »
Sounds on the face of it like a classic 'double dip', but we'll know more once we've seen the photos.

EDIT: Can anyone help me I am getting the following error when trying to post with my images uploaded. They are well under the file limit.

Quote
The upload folder is full. Please try a smaller file and/or contact an administrator.
If you read the following thread, there's a guide to using third party sites like Imgur to upload photos: READ THIS FIRST - Private Parking Charges Forum guide

Re: PCN from 'Civil Enforcement Ltd'
« Reply #2 on: »
Sounds on the face of it like a classic 'double dip', but we'll know more once we've seen the photos.

EDIT: Can anyone help me I am getting the following error when trying to post with my images uploaded. They are well under the file limit.

Quote
The upload folder is full. Please try a smaller file and/or contact an administrator.
If you read the following thread, there's a guide to using third party sites like Imgur to upload photos: READ THIS FIRST - Private Parking Charges Forum guide
Hi,

I've uploaded the photos to Imgur and put the links on the original post.

Thanks

Re: PCN from 'Civil Enforcement Ltd'
« Reply #3 on: »
Thanks - we could also do with knowing/seeing:
  • The back page of the notice
  • Your relationship to the vehicle. Are you the Registered Keeper (if so, have you checked the V5C and is the address on it correct?), or is this a hired vehicle (e.g. a financed or leased car)?

Re: PCN from 'Civil Enforcement Ltd'
« Reply #4 on: »
Thanks - we could also do with knowing/seeing:
  • The back page of the notice
  • Your relationship to the vehicle. Are you the Registered Keeper (if so, have you checked the V5C and is the address on it correct?), or is this a hired vehicle (e.g. a financed or leased car)?
Hi,

1. I have now added the back sheet of the notice to the original post
2. I am the registered keeper. I have just checked the V5C and the address is correct.

Re: PCN from 'Civil Enforcement Ltd'
« Reply #5 on: »
Civil Enforcement have sent the notice out too late to be able to hold you liable as the registered keeper - only the driver is liable, and they don't know who that is. On that basis, you could appeal along the lines of the below:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver is liable for a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

There is no obligation for me to name the driver and I will not be doing so. I am therefore appealing on the grounds that I have no liability as the registered keeper of the vehicle. I am unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you do not accept this appeal, you must provide a POPLA code.

Yours,

If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, and keep a close eye on your spam folder for their response. If they do not respond, chase them. If they reject, this should be a straightforward win at POPLA.

Re: PCN from 'Civil Enforcement Ltd'
« Reply #6 on: »
Civil Enforcement have sent the notice out too late to be able to hold you liable as the registered keeper - only the driver is liable, and they don't know who that is. On that basis, you could appeal along the lines of the below:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver is liable for a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

There is no obligation for me to name the driver and I will not be doing so. I am therefore appealing on the grounds that I have no liability as the registered keeper of the vehicle. I am unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you do not accept this appeal, you must provide a POPLA code.

Yours,

If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, and keep a close eye on your spam folder for their response. If they do not respond, chase them. If they reject, this should be a straightforward win at POPLA.
Brilliant, thank you.

I will review the methods of appeal and see which is best. I will post back here when I receive anything further.

Once again, many thanks!

Re: PCN from 'Civil Enforcement Ltd'
« Reply #7 on: »
I will review the methods of appeal and see which is best. I will post back here when I receive anything further.

What "methods of appeal" are you referring to? You submit the wording provided. End of.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: PCN from 'Civil Enforcement Ltd'
« Reply #8 on: »
I assume the OP is referring to the options of submitting online or by post. My recommendation is online where at all possible, mainly because it's free! Just be sure that you are appealing as the keeper and there are no sneaky tick boxes etc. asking you to confirm the driver.

Re: PCN from 'Civil Enforcement Ltd'
« Reply #9 on: »
Yes I simply meant which way to appeal i.e phone, letter or online.

I did it online in the end. There was a yes / no button asking if I was the driver of which I selected no.

I was expecting them to make it sneaky but it was quite prominent during the process.

Re: PCN from 'Civil Enforcement Ltd'
« Reply #10 on: »
Did you keep a copy of your wording for the appeal? If so, please show us.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: PCN from 'Civil Enforcement Ltd'
« Reply #11 on: »
Well, that was quick



Re: PCN from 'Civil Enforcement Ltd'
« Reply #12 on: »
Did you keep a copy of your wording for the appeal? If so, please show us.
I just went with what DWMB2 said word for word but substituted in my car reg and PCN reference.

Re: PCN from 'Civil Enforcement Ltd'
« Reply #13 on: »
A win is a win. I know that location well. Signage is rubbish too. At least CELs in-house legal dept know that they don't have a leg to stand on if they issue a non-PoFA complaint NtK and the keeper refuses to identify the driver.

Next time I'm home, I'll try and get one myself just to prove there point.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: PCN from 'Civil Enforcement Ltd'
« Reply #14 on: »
Gosh, that might be a new record  ;D  Good result and thanks for the update.