Results 1 to 11 of 11

Thread: Civil Enforcement Ltd PCN - won

  • Share
  • Thread Tools
  • Display
  1. #1
    Join Date
    Mar 2017
    Posts
    6
    Mentioned
    0 Post(s)

    Default Civil Enforcement Ltd PCN - won

    Firstly, hi to all - I'm new to the forum and need advice / confirmation on my legal position regarding subject.


    I have attached a redacted copy of my PCN for reference.


    It is my understanding that according to the Protection of Freedoms Act 2012, Schedule 4 Section 9 (4) & (5) this PCN is invalid as they failed to issue the PCN within 14 days of the day after the alleged offence.

    The act states:-
    (4) The notice must be given by—
    (a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
    (b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.


    (5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

    The date of the alleged offence is 23 Feb 2017
    The date of PCN issue is 15 March 2017
    This equates to 19 days after the alleged offence was committed.

    If I intend to appeal directly by email to Civil Enforcement Ltd would this potentially be sufficient grounds for a successful outcome.

    Also, just as an aside to this - they also managed to mis-spell my first name. Just an after thought but legally speaking would this also negate the validity of the PCN?

    I look forward to some expert advice.

    Regards
    Delinquent OAP
    Attached Thumbnails Attached Thumbnails IMG_3637.jpg  

  2. #2
    Join Date
    Sep 2009
    Posts
    10,888
    Mentioned
    799 Post(s)

    Default Re: Civil Enforcement Ltd PCN

    If I intend to appeal directly by email to Civil Enforcement Ltd would this potentially be sufficient grounds for a successful outcome.
    As long as they have no idea who was driving, yes.

    Also, just as an aside to this - they also managed to mis-spell my first name. Just an after thought but legally speaking would this also negate the validity of the PCN?
    No. I do wonder whether they did, DVLA did or you did when filling in the registration document. I'd check but it has ne relevanc for this ticket.



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

    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.

  3. #3
    Join Date
    Mar 2017
    Posts
    6
    Mentioned
    0 Post(s)

    Default Re: Civil Enforcement Ltd PCN

    Thanks M1. Appreciate the prompt response.

    OK- so I will appeal to CEL on the grounds stipulated in the FoPA fully expecting a rejection and having to go down the POPLA route. Do you have a specific template you could suggest or recommend for this type of appeal.

    How would / could they know who was driving. Does ANPR cover driver ID.
    Obviously it wasn't me.

    Rgds
    Delinquent OAP

  4. #4
    Join Date
    Sep 2009
    Posts
    10,888
    Mentioned
    799 Post(s)

    Default Re: Civil Enforcement Ltd PCN

    http://legalbeagles.info/forums/show...cement-Ltd-won

    Would be very similar to that, if not exactly the same.

    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.

  5. #5
    Join Date
    Mar 2017
    Posts
    6
    Mentioned
    0 Post(s)

    Default Re: Civil Enforcement Ltd PCN

    Thanks M1. Will get on it and provide update on outcome.

    rgds
    Delinquent OAP

  6. #6
    Join Date
    Mar 2017
    Posts
    6
    Mentioned
    0 Post(s)

    Default Re: Civil Enforcement Ltd PCN

    Hi M1

    This is progressing along precisely as expected. So predictable!

    Attached is my letter to CEL as part of their internal procedure and their reply.

    I guess my question is what to do next in terms of addressing this with POPLA.

    Regards
    Delinquent OAP.
    Attached Thumbnails Attached Thumbnails IMG_0323.JPG   IMG_0326.jpg  

  7. #7
    Join Date
    Sep 2009
    Posts
    10,888
    Mentioned
    799 Post(s)

    Default Re: Civil Enforcement Ltd PCN

    No worries. You will win once i give you the correct popla appeal. I will get back to you.

    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.

  8. #8
    Join Date
    Sep 2009
    Posts
    10,888
    Mentioned
    799 Post(s)

    Default Re: Civil Enforcement Ltd PCN

    Edit to suit, especially #4 and upload to popla as per http://parking-prankster.blogspot.co...a-process.html

    Ospervatpopla.rtf

    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.

  9. #9
    Join Date
    Mar 2017
    Posts
    6
    Mentioned
    0 Post(s)

    Default Re: Civil Enforcement Ltd PCN

    Thank you. Your efforts are much appreciated.

    Done today - will await positive outcome.

  10. #10
    Join Date
    Mar 2017
    Posts
    6
    Mentioned
    0 Post(s)

    Default Re: Civil Enforcement Ltd PCN

    Hi M1

    RESULT!

    Below is the emailed response I received from POPLA today.

    Thank you so much for all your help in this matter. You deserve a Sainthood.

    Regards
    Delinquent OAP

    ============
    Dear Xxxxxx Xxxxxxx

    Thank you for submitting your parking charge Appeal to POPLA.

    An Appeal has been opened with the reference XXXXXXXXXXX.

    Civil Enforcement have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

    Yours sincerely

    POPLA Team

  11. #11
    Join Date
    Sep 2009
    Posts
    10,888
    Mentioned
    799 Post(s)

    Default Re: Civil Enforcement Ltd PCN

    Quote Originally Posted by mystery1 View Post
    No worries. You will win once i give you the correct popla appeal. I will get back to you.

    M1
    If only the lotto was this easy

    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.

Similar Threads

  1. Civil enforcement ltd pcn
    By hoppy2407 in forum POPLA
    Replies: 2
    : 16th March 2015, 22:00:PM
  2. Civil Enforcement Ltd - PCN
    By rehmana1 in forum PPC's - Parking Charge Notices
    Replies: 1
    : 15th March 2015, 09:00:AM
  3. Replies: 4
    : 8th February 2015, 09:38:AM
  4. PCN from Civil Enforcement Ltd.
    By mbaldw in forum PPC's - Parking Charge Notices
    Replies: 9
    : 1st December 2014, 17:16:PM
  5. Replies: 1
    : 22nd August 2014, 14:53:PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2016
Hosted by Lodge Information Services Ltd
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP