Civil Enforcement Limited

[davywest1000]

Re: Civil Enforcement Limited

Received a letter today from ce services stating my charge notice was cancelled without the need for a popla code. Thanks so much for the help and guidance! :tinysmile_twink_t2:

[Wombats]

Re: Civil Enforcement Limited

Received a letter today from ce services stating my charge notice was cancelled without the need for a popla code. Thanks so much for the help and guidance! :tinysmile_twink_t2:

Unusual, but well done you!

[newroad]

Re: Civil Enforcement Limited

just received letter from POPLA letter says that the parking operator has brought to there attention that the appeal was received more than 28 days after rejection so they have withdrawn the case.
I don't understand this my time line is:
Date of incident 03/5/14
I sent email to appeal to CEL on the 15/5/14
cel declined my appeal on the 20/5/14
I appealed to POPLA 23/5/14
I received from POPLA letter today 31/5/14 but its dated 28/5/14

Not sure what is my next course of action please help

[mystery1]

Re: Civil Enforcement Limited

Can you scan the original notice, appeal, popla appeal and popla letter please.

It's probably a case of telling popla that's it's b0llocks.

M1

[newroad]

Re: Civil Enforcement Limited

have attach the letters & emails response from cel & POPLA

1. cel parking notice 14/5/14
2. appeal receipt to cel 15/5/14
3. cel appeal rejection20/5/14
4. POPLA appeal submission 23/5/14
5. POPLA rejection 28/5/14

not sure what to do I think I'm within the 28 days

[mystery1]

Re: Civil Enforcement Limited

Send all that to popla and ask what is going on. Clearly you are well within the time limits.

It might be that CEL have withdrawn completely and you have won and the popla letter is inaccurate or CEL have lied. Neither would surprise me.

M1

[Jings999]

Re: Civil Enforcement Limited

Hello, I've received on of these letters for £35, and a while later (before I could deal with it as I've been abroad) a second letter escalating the charge to £70.
I've read through the forum, thanks everyone for your information.
I've downloaded the appeal template and emailed it to the address listed on this thread.

So, I'll see what happens.
I'm happy to go all the way to court, I'm not paying these sharks.

[newroad]

Re: Civil Enforcement Limited

just update POPLA have re-submitted my appeal

Civil Enforcement Limited also t/as Starpark & Creative Car Park & Parksolve &
Versatile Parking
We have received your appeal.
This will now be sent to Civil Enforcement Limited also t/as Starpark & Creative
Car Park & Parksolve & Versatile Parking. The operator will send their evidence
to us and to you before the scheduled date of hearing.
Your appeal will be considered on or soon after 10 July 2014.
You will be notified of the decision as soon as it is available, in the manner you
selected.

Couple of question does decision happen earlier than said date what kind off evidence does CEL have as it was parking over time limit (2 hours) will this be timed photo evidence?

[Jings999]

Re: Civil Enforcement Limited

Hello, I've received on of these letters for £35, and a while later (before I could deal with it as I've been abroad) a second letter escalating the charge to £70.
I've read through the forum, thanks everyone for your information.
I've downloaded the appeal template and emailed it to the address listed on this thread.

So, I'll see what happens.
I'm happy to go all the way to court, I'm not paying these sharks.

Hello,
i've just received a letter from them rejecting my appeal on the grounds that it is too late (more than 28 days). Usual threats about debt collection, court and so on.
Can I still appeal to Popla, or not?

If I'm too late to appeal to Popla, should I just wait for court?

thanks for your help ....

[mystery1]

Re: Civil Enforcement Limited

Not if they won't give you a code.

You could try the landowner if you know who it is.

M1

[Kensei]

Re: Civil Enforcement Limited

Just to let you all know my appeal was successful and I will not be paying a £100 parking fine. Below is the text of the appeals result letter

Reference 1411284520

Reasons for the Assessor’s Determination
At 19:05, on April 19 2014, an automatic number plate recognition (ANPR) system recorded the Appellant’s vehicle entering Junction One Retail Park.
The Operator’s case is that the Appellant breached the maximum 4 hours free parking, no return within 1 hour condition at the site.
The Appellant made representations stating his case. One of the points raised by him was that the charge must be based on a genuine pre-estimate of loss.
The signage produced by the Operator states “4 hours maximum free parking: no return within 1 hour; If you exceed the free parking allowance, you agree to pay £100”. This might indicate that the charge was consideration for parking, however, the sign then states “To deter abuse of this car park, these terms apply 24 hours a day”. Taking the sign as a whole, the wording seems to indicate that the charge represents damages for a breach of the parking contract and therefore the charge must be a genuine pre-estimate of loss. In order for it to be consideration, permission must be given to park for the agreed fee, however, in this instance the Operator has stated “To deter abuse of this car park…” and as a result, no permission is given to park in abuse of the terms on the sign. Given the only term referred to is the free parking allowance, it cannot be that permission is granted as otherwise it could not be abused.
The Operator has produced a statement which it submits justifies the charge as a pre-estimate of loss; however, I am not minded to accept this justification. The Operator must show that the charge sought is a genuine estimate of the potential loss caused by the parking breach. The Operator has produced a list of costs; however, these appear to be general operational costs, and not losses consequential to the Appellant’s breach.
The onus is on the Operator to prove its case on the balance of probabilities. Accordingly, once an Appellant submits that the parking charge is not a genuine pre-estimate of loss, the onus is on the Operator to produce some explanation or evidence in order to tip the balance in its favour.
In this case the Operator has not provided any evidence as to why this charge in a genuine pre-estimate of loss. I am not minded to accept that it is sufficient to simply list the names of previous cases without applying them to this case.
3 18 June 2014
Consequently I must find that the Operator has failed to produce sufficient evidence to demonstrate that the parking charge is a genuine pre-estimate of loss.
I need not decide any other issues.
Accordingly, the appeal is allowed.

[amysiobhan]

Re: Civil Enforcement Limited

Hi,

New on here! Was surprised to receive a pcn today for Chester 2 weeks back as I'd paid- or at least thought so! It was a phone and pay and the automated voice at the other end told me my details had been accepted...it was only today after checking my online bank statement (after opening the pcn) I've seen that Civil enforcement hadn't taken the £4 out and now expecting the £60 from me. I still have the text/phone no in my records to show I'd tried to pay at the time..do I appeal? is this a legitimate scam to get more money?!

[mystery1]

Re: Civil Enforcement Limited

Hi,

New on here! Was surprised to receive a pcn today for Chester 2 weeks back as I'd paid- or at least thought so! It was a phone and pay and the automated voice at the other end told me my details had been accepted...it was only today after checking my online bank statement (after opening the pcn) I've seen that Civil enforcement hadn't taken the £4 out and now expecting the £60 from me. I still have the text/phone no in my records to show I'd tried to pay at the time..do I appeal? is this a legitimate scam to get more money?!

Dear Sirs,

I, as registered keeper, wish to invoke your appeals procedure. The driver paid by phone and i attach a phone bill to show this.

In any event your charges are penal and not a genuine pre estimate of loss. Should you reject my appeal please supply a popla code.

I am under no statutory obligation to name the driver and i will not do so.

Yours etc


If they reject it and give you a popla code edit http://www.legalbeagles.info/forums/...-Appeal-Letter to suit.

Some wins http://www.legalbeagles.info/forums/...pany-victories

M1

[newroad]

Re: Civil Enforcement Limited

just had email from Creative Parking Solutions Plc giving 19 pages of evidence against me in the reply they mentioned I had downloaded template from internet for my submission lol what they do mentioned as the car park had plenty off signs I had no excuse for not having knowledge of parking limit they say I parked for over 2 hours. in there submission they provided photos of the signs in the car park. what they did not provide was timed photo of my car in said car park I have asked them to submit one I also cc POPLA for the request. they probably have photo not but who knows my argument is I was not over 2 hours parking.
My question is is this standard procedure from Creative ParkingSolutions Plc. have to admit I'm not very confident

[mystery1]

Re: Civil Enforcement Limited

Bullsh!t is standard M.O. of most, if not all, private parking companies.

Did they attempt to cobble up a genuine pre estimate of loss calculation ?

M1