Civil Enforcement Limited

[Lhasa Ap So annoyed]

Re: Civil Enforcement Limited

Hello again all.
After writing to to CEL informing them that I will not be paying their PCN as they did not issue it within 14 days of the alleged offence and therefore did not comply with the BPA Code of Practice and the POFA they have now written back.
They state that "There is no legal requirement to send out the PCN within 14 days of the incident day as POFA does not apply to the ticket"
They go on to say that the PCN remains valid as the ticket was correctly issued in accordance with the terms and conditions stated on the signage.
However, they do not mention anything about not complying with the BPA Code of Practice.
I am pretty sure they are just trying it on (as expected) but I just want to make sure this is the case ?
They have given a popla verification code to appeal - is this now the way forward ?
Thanks again in advance

[bluebottle]

Re: Civil Enforcement Limited

I would never be surprised to see a PPC end up on the Vexatious Litigants' List if they bottle out of court hearings at the 11th hour too often. Not only is a waste of the defendant's time, but the court's time, too. Something is going to give sooner or later. And when it does, it is likely to scare the crap out of those who run the PPCs. Having your claims scrutinised in detail by the High Court before you can proceed is not only very expensive, but effectively deters vexatious, malicious and dodgy claims.

[mystery1]

Re: Civil Enforcement Limited

"There is no legal requirement to send out the PCN within 14 days of the incident day as POFA does not apply to the ticket"

They are essentially saying they are going after the driver. No big deal.

Popla is the way to win. Here is an appeal to popla that i wrote which was a success.

Popla winning points and results

Best to include as much as possible but in reality if you challenge on genuine pre estimate of loss you'll win.

M1

[bluebottle]

Re: Civil Enforcement Limited

After reading how the PPC said the motorist's cat drove the car to Staple's, I nearly fell off my chair laughing. What car was it, a Reliant Kitten, Ford Cougar? Did the driver have enough in the kitty when they parked? Honestly, I have come across claims where the claimant has been accused of scraping the barrel, but that is scraping the bottom out of the barrel.

Thanks for cheering me up on an otherwise drab Sunday evening, M1, but I feel you have made a very valuable point by showing just how ridiculous - and desperate - some PPCs can be in their pursuit of profit.

[Lhasa Ap So annoyed]

Re: Civil Enforcement Limited

Thanks very much mystery1 - the appeal letter is fab and I will send it in the next couple of days.
Would you also recommend adding a paragraph re the 14 day notice thing or because they are going after the driver is it not worth it ?
Really appreciate the speedy advice

[mystery1]

Re: Civil Enforcement Limited

Thanks very much mystery1 - the appeal letter is fab and I will send it in the next couple of days.
Would you also recommend adding a paragraph re the 14 day notice thing or because they are going after the driver is it not worth it ?
Really appreciate the speedy advice

Not worth the bother.

Make sure you read the letter and take out anything they doesn't apply.

M1

[Lhasa Ap So annoyed]

Re: Civil Enforcement Limited

Thanks again - will keep you posted

[Littlemissjcs]

Re: Civil Enforcement Limited

Hello, I am hoping someone can help.

I received a PCN from a private car park managed by Civil Enforcement Ltd. in May. I listened to the various rumours going round about the company and ignored it as it was an unfair ticket and from what I read I understood I should not accept liability. The ticket was unfair because in the particular car park you get 1.5hrs free parking and you then pay £1 per hour after that. I had never previously stayed longer than the free time, so when I came to pay at the station I typed in my reg code and the balance to pay came up as 0.00. I was confused, thought about it a bit and then decided that as I had been roughly an hour I would put a pound in anyway, so keyed in the reg again and paid, then left. I still have the ticket, which says I paid until 12.26. On the PCN the time stated was 09.44.28 to 12.28.54. So essentially I was 10 minutes out. The fact that the machine left it up to me to monitor the length of my stay and wasted time in confusing me with its nil balance and limited instructions on usage, plus the elapsed time between driving though the barrier and parking (it was a multi storey) and getting back to the car from the ticket machine and then exiting, leads me to believe it was an unfair ticket. I have since received numerous intimidating letters from Debt Recovery Plus, with the price escalating to £140. The latest letter offers me a reduced payment to avoid court proceedings of £112, to be paid no later than 5.12.13. My husband tells me to hold my nerve and ignore it, but I wrote asking for advice to AOS who advised me that I should have appealed within 28 days, and they suggest appealing (though not with much hope) or paying. I don't want to pay but I also don't want to be taken to court or have it hanging over my credit rating.

Any advice would be really appreciated. (sorry for the essay)

[mystery1]

Re: Civil Enforcement Limited

Hello, I am hoping someone can help.

I received a PCN from a private car park managed by Civil Enforcement Ltd. in May. I listened to the various rumours going round about the company and ignored it as it was an unfair ticket and from what I read I understood I should not accept liability. The ticket was unfair because in the particular car park you get 1.5hrs free parking and you then pay £1 per hour after that. I had never previously stayed longer than the free time, so when I came to pay at the station I typed in my reg code and the balance to pay came up as 0.00. I was confused, thought about it a bit and then decided that as I had been roughly an hour I would put a pound in anyway, so keyed in the reg again and paid, then left. I still have the ticket, which says I paid until 12.26. On the PCN the time stated was 09.44.28 to 12.28.54. So essentially I was 10 minutes out. The fact that the machine left it up to me to monitor the length of my stay and wasted time in confusing me with its nil balance and limited instructions on usage, plus the elapsed time between driving though the barrier and parking (it was a multi storey) and getting back to the car from the ticket machine and then exiting, leads me to believe it was an unfair ticket. I have since received numerous intimidating letters from Debt Recovery Plus, with the price escalating to £140. The latest letter offers me a reduced payment to avoid court proceedings of £112, to be paid no later than 5.12.13. My husband tells me to hold my nerve and ignore it, but I wrote asking for advice to AOS who advised me that I should have appealed within 28 days, and they suggest appealing (though not with much hope) or paying. I don't want to pay but I also don't want to be taken to court or have it hanging over my credit rating.

Any advice would be really appreciated. (sorry for the essay)

Who is the registered keeper ? Is that who the letters are addressed to ?

M1

[Littlemissjcs]

Re: Civil Enforcement Limited

Who is the registered keeper ? Is that who the letters are addressed to ?

M1

Yes, to me, the registered keeper.

[mystery1]

Re: Civil Enforcement Limited

If and when you get anything the says or looks like a letter before action/claim then come back as that is by far the best time to contact them now you've gone past the appeal stage. CEL do issue court papers to some but rarely make it all the way to court.

If you spent money at any merchant onsite you could whinge to them and see if they might cancel it.

M1

[Littlemissjcs]

Re: Civil Enforcement Limited

Ok, thank you - will hold my nerve and see if anything arrives.

[Angryman]

Re: Civil Enforcement Limited

Re: Civil Enforcement Limited

I am being harassed by CEL for the sum of £140. I was told to ignore any correspondence from this company, as they have no legal right in Scotland to enforce fines; Grampian Police stated that it is only the local authority that can enforce parking fines in Aberdeenshire. The car park in question is for Mitchell's dairy in Inverurie. I even rang Mitchell's to complain and they even told me not to pay and ignore the notices. I have today received a letter from Debt Recovery Plus Limited for the unpaid parking charge(£140).

It states in the letter that if it is not paid by 17/12/2013, that they will take court action to recover the money.

Is the information right that I have been told about ignoring this company? Also is Debt Recovery Plus Ltd and CEL one in the same?

Any advice would be very welcome.

[mystery1]

Re: Civil Enforcement Limited

Re: Civil Enforcement Limited

I am being harassed by CEL for the sum of £140. I was told to ignore any correspondence from this company, as they have no legal right in Scotland to enforce fines; Grampian Police stated that it is only the local authority that can enforce parking fines in Aberdeenshire. The car park in question is for Mitchell's dairy in Inverurie. I even rang Mitchell's to complain and they even told me not to pay and ignore the notices. I have today received a letter from Debt Recovery Plus Limited for the unpaid parking charge(£140).

It states in the letter that if it is not paid by 17/12/2013, that they will take court action to recover the money.

Is the information right that I have been told about ignoring this company? Also is Debt Recovery Plus Ltd and CEL one in the same?

Any advice would be very welcome.

Who are they going to take to court ? Only the driver can have entered in to a contract. PoFA creates keeper liability but not in Scotland. Unless they have evidence of the driver they're screwed.

Keep the letter in case you run of of andrex.

M1

[CleverClogs]

Re: Civil Enforcement Limited

It states in the letter that if it is not paid by 17/12/2013, that they will take court action to recover the money.

I must admit I'd want to play with them for a wee while. OK, so I'm a sadist...

Perhaps you could ask them if they'd really take the registered keeper of the motor-car to the County Court and, if so, which law permits that?