Civil Enforcement - parking charge notice - won

[ekaloo]

Hello
Firstly, I do apologize if I'm posting in the wrong section. I'm new herre and like many before me I got here looking for help! I tried to figure things out myself but I am sligltly confused as to what to write in my appeal.
What happened was:
23. 03 we parked in phone and park area.
23. 05 I received a Reminder (!) from CE demanding £100 and that it was too late to pay the reduced amount of £60.
30.05 - I sent them an email requesting pictures and stating that I have not received any earlier corrspondence from them.
15. 06 - they sent me letter that includes pictures of my car (their phone and pay sign behind it..) and a copy of first PCN which I never got.

Now.. I used my partner's company phone to pay for the parking but gave them my debit card number however there is no charge on the statment. Of course I was sure I paid..we actually went to gym for an hour and then went for food so we stayed there for 2 hours yet they claim I stayed there from 14:48 till 15:09 which would only be enough to go to reception and back...

My partner had to request call statement from his company but I'm not sure how long it will take them to produce it.
I dont want to run out of time (not even sure how long I have!) for all the appeal procedure.
Please help...should I wait for my partner's company to get back with call logs or is there a letter I can send to CE in the meantime..?
Thank you very much for all the advice!

[mystery1]

Re: Civil Enforcement - parking charge notice

http://legalbeagles.info/forums/show...521#post636521

M1

[ekaloo]

Re: Civil Enforcement - parking charge notice

Hi!
Thanks so much for the reply.

Since then my partner's company came back with call logs and shockingly, there is no trace of making the call to them!
I know it may sound strange but I swear I did make the call...have no idea what happened..Still I will appeal:

What do you think:
--------
Dear Sirs,

I, as registered keeper, wish to invoke your appeals procedure. The driver informed me that they tried to make the call but were getting disconnected and were unable make the payment as no alternative method of payment was offered.

Also, the parking charge you claim (£100) is disproportionate to your loss, considering the car was only parked there for 21 minutes including 10 minute grace period.

The driver revisited the parking and is willing to pay for more than the stay period (21 minutes) - a charge of £1 for 4 hours - as stated on your signage - to make up for your "loss".

I note that the notice to keeper is fundamentally flawed when compared to the protection of freedoms act 2012 schedule 4 paragraph 9.

Should you reject my appeal, please supply a popla code.

Yours sincerely


--------

would that be ok..?

Thanks!

[mystery1]

Re: Civil Enforcement - parking charge notice

Bit more than i prefer but should be ok.

M1

[ekaloo]

Re: Civil Enforcement - parking charge notice

Hello back!
two things happened since then...
1) as a reply to my message (as above) I got a letter back saying:
"in order to investigate the matter further, please provide the mobile number used on the 23 March 2016 in order to book a parking session with Phone and Pay service."
no popla number given. That was sent 27 June.
I wanted to send them an email giving them the 3 numbers (my partner had two and me one) and let them look for records, but just got home and found:
2) Letter before action (dated 28 June)
outstanding debt now is £140 and unless I pay within 14 days they will issue the proceedings.
They have attached draft Particulars claim and Summary of ParkingEye vs Beavis thing

what to do???

[mystery1]

Re: Civil Enforcement - parking charge notice

Edit to suit.



Dear Civil Enforcement Limited,


I write in response to your email of 27/06/16 "letter of claim" dated 28th June 2016, the contents of which are noted.

I am somewhat surprised that you requested information from myself and a letter before action arrived within 24 hours which left not much time to respond. The phone numbers you should check are xxxxxxxxxxxxxxxxxxxxxxxxxx


As the pre action protocols expect us to exchange sufficient information to understand each others position please forward to myself the original parking charge notice and a picture of the signs at the location as well as the operators contract which allows them to operate at the site (or indeed confirmation they own the land in question).


As well as the information already requested please answer the following questions :-


What type of car park is it ?


What contravention gives a cause of action ?


Who contravened your rules ?


Who you are pursuing ?


Have you followed the rules laid down in the Protection of freedoms act 2012 schedule 4 ?


How is the £140 made up ?


Not only will this information help comply with the pre action protocols it will also help achieve the over riding objective.


Having done some research on your claims i request that if you ignore my requests for information that your claim complies with


CPR 16


Contents of the claim form
16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim


Contents of the particulars of claim
16.4
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;


Practice direction 16


Other matters to be included in particulars of claim








7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.




I await your response.


Yours sincerely






Send via email if possible.


M1

[ekaloo]

Re: Civil Enforcement - parking charge notice

M1 -- you are amazing!!
collecting millions of good karma points!
Will compose an email to them tomorrow and see what happens.
Thank you so much!

[ekaloo]

Re: Civil Enforcement - parking charge notice

Hello again,
well...not even a week has passed and I came home today and a "love note" from CE was waiting for me. This time it was the ...CONFIRMATION OF CANCELLATION!

M1 - I owe you big time! thank you for your help.