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Civil Enforcement Notice to Keeper

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  • Civil Enforcement Notice to Keeper

    Hi,
    Would anyone be able to help me appeal a PCN issued from the above company please?

    I received a Parking Charge Notice on 8/1/16 when someone parked in a hospital car park. The driver bought what they thought was a valid ticket (which they still have), but they said the car was parked in an incorrect zone.
    Now they have sent me a notice to keeper.

    I think my appeal will be based on the parking terms and conditions were not clearly signed, as shown in my attached photos and the keeper liability requirements not being met. The initial sign on entrance to the car park states 'customer and visitor', but further back and less obvious there's another sign stating 'staff car park'.

    Thanks
    Attached Files
    Last edited by mystery1; 16th February 2016, 21:42:PM.
    Tags: None

  • #2
    Re: Civil Enforcement Notice to Keeper

    Can you scan the notices, sanitise them, then post them up for a look ?

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

    Comment


    • #3
      Re: Civil Enforcement Notice to Keeper

      Hi
      Thanks for replying, I have attached what I have.

      Thanks
      Attached Files

      Comment


      • #4
        Re: Civil Enforcement Notice to Keeper

        Compare the PCN you received to the requirements in paragraph 8 of POFA, which is here

        If there is any item missing then they can not hold the keeper liable. For a starter where does it state period of parking on the PCN?

        Write as the registered keeper and tell them that they have failed to comply with the requirements of POFA and therefore they can not hold the keeper liable, only the driver. Examples are around.

        Comment


        • #5
          Re: Civil Enforcement Notice to Keeper

          Thanks
          Do you know where I could get an example letter of this?

          Comment


          • #6
            Re: Civil Enforcement Notice to Keeper

            Dear Sirs,


            I, as registered keeper, wish to invoke your appeals process. The driver did not see any signs stating they could not park and paid in full for parking. I note your notice to keeper is fundamentally flawed when compared to PoFA 2012 schedule 4 para 7/8 in several aspects .




            Should you reject my appeal please supply a popla code.




            Yours etc




            If popla is need let me know.




            M1
            ********************************Signature********* ************************

            Private messages are off as all help on this site is on board.

            Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


            I can only help with what you tell me. Post up information (other than names and addresses!).

            I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

            Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

            If you want to tell someone YOU were driving, go to confession.

            I,I,I,I,I,I should be avoided unless you are Jim Diamond.

            Comment


            • #7
              Re: Civil Enforcement Notice to Keeper

              I really appreciate this
              Thanks

              Comment


              • #8
                Re: Civil Enforcement Notice to Keeper

                Originally posted by mystery1 View Post
                Dear Sirs,


                I, as registered keeper, wish to invoke your appeals process. The driver did not see any signs stating they could not park and paid in full for parking. I note your notice to keeper is fundamentally flawed when compared to PoFA 2012 schedule 4 para 7/8 in several aspects .




                Should you reject my appeal please supply a popla code.




                Yours etc




                If popla is need let me know.




                M1
                Hi Just wondering if anyone will be able to advise me again please?

                I sent the appeal email initially back in Feb and they sent me an automated response back advising that they will reply within 28 days.

                But I haven't heard from them at all until receiving this letter this week. Does anyone know what I can do now?

                Thanks
                Attached Files

                Comment


                • #9
                  Re: Civil Enforcement Notice to Keeper

                  1. Contact them and find out what happened to the appeal.

                  2. Contact patient and liason services to ask them to get it cancelled.

                  M1
                  ********************************Signature********* ************************

                  Private messages are off as all help on this site is on board.

                  Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


                  I can only help with what you tell me. Post up information (other than names and addresses!).

                  I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

                  Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

                  If you want to tell someone YOU were driving, go to confession.

                  I,I,I,I,I,I should be avoided unless you are Jim Diamond.

                  Comment


                  • #10
                    Re: Civil Enforcement Notice to Keeper

                    Originally posted by mystery1 View Post
                    1. Contact them and find out what happened to the appeal.

                    2. Contact patient and liason services to ask them to get it cancelled.

                    M1
                    Hi

                    Thanks for replying again, I didn't receive a response from CE regarding the appeal, so I emailed the patient and liason and they have sent this the below reply to me, I have also copied the wording from the letter that CE have said they sent to me but I didn't receive. I'm not sure how to approach this now. Any further advice would be appreciated.

                    Thanks


                    I am sorry to hear of the problems you encountered when parking at Fairfield General Hospital below. Having checked with Civil Enforcement Ltd regarding your parking charge notice; they responded with the attached letter on the 3rd March 2016 advising that your appeal had been unsuccessful. As no payment or further appeal has been received following this, debt recovery has subsequently started. Your original appeal to Civil Enforcement made no reference to any of the details below, but merely referred to issues regarding the wording and this is still the case below. In view of the attached letter your appeal is also beyond the period for a POPLA review. We selected Civil Enforcement as their approach to parking enforcement takes into account extenuating circumstances and also the hospital environment, but you need to provide them with the relevant information to enable them to do so.

                    The signage at the entrance to the parking area does make reference to the different parking on each side and your vehicle was also parked close by to a 800mm x 600mm sign we use in our parking areas (indicating staff parking in the parking location in question, see below).

                    Please note that the 800mm x 600mm size we use is also larger than sign sizes suggested in guidelines for parking enforcement. We continue to review the parking signage on the site and will look to add additional signs when required, but we do feel the signage in place is adequate in this area for the time being and for users to be aware and for parking enforcement to be undertaken.

                    In view of the circumstances below, as a one-off gesture of goodwill; if you email a new appeal within 7 days of the date of this email to appeals@ce-service.co.uk , quoting the PCN number and outlining the extenuating circumstances, Civil Enforcement have agreed to review this and respond accordingly.

                    Kind regards

                    Barry Waterhouse
                    Travel and Access Manager
                    Department of Estate Development
                    The Pennine Acute Hospitals NHS Trust

                    The letter from CE that they say then sent to me but I didn't receive

                    We refer to your recent letter. Your appeal has been unsuccessful. The vehicle was parked under a sign confirming that the car park is for Staff Permit/Voucher Holders. We regret that the Enforcement Notice remains valid as the ticket was correctly issued in accordance with the terms and conditions stated. You have now reached the end of our internal appeals procedure. If the parking incident occurred in England or Wales, you may appeal to the independent appeals service via www.popla.co.uk using verification code 1410636500 within 28 days from the date on this letter. If your appeal to POPLA is rejected, you will lose the right to pay at the reduced rate. By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above. In view of your correspondence, even if you have received a reminder demanding payment at the higher rate, we have extended the time allowance for you to pay at the original reduced charge by a further fourteen days. To make a payment at this lower rate please call 0115 822 5020, go online to www.ce-service.co.uk, or send a cheque to the above address. If you have any comments with regards to the way we have handled this matter, please write to The Executive Office, Civil Enforcement Ltd, Horton House, Exchange Flags, Liverpool, L2 3PF.
                    Attached Files
                    Last edited by neo78; 20th February 2017, 22:03:PM. Reason: attachment

                    Comment


                    • #11
                      Re: Civil Enforcement Notice to Keeper

                      Well if they'll rehear your appeal, as they say, send it again.

                      It might be worth asking PALS if popla will be available when they reject the appeal before you send it, if you have time.

                      M1
                      ********************************Signature********* ************************

                      Private messages are off as all help on this site is on board.

                      Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


                      I can only help with what you tell me. Post up information (other than names and addresses!).

                      I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

                      Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

                      If you want to tell someone YOU were driving, go to confession.

                      I,I,I,I,I,I should be avoided unless you are Jim Diamond.

                      Comment

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