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PCN received from Civil Enforcement LTD - urgent help needed

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  • PCN received from Civil Enforcement LTD - urgent help needed

    Hello,

    So i received a PCN from this company for parking in a pub car park without a ticket. My car is shared between me and my mother for work purposes and neither of us could remember the alleged incident. After doing some digging around i found a post from someone in a very similar situation to me and they used the template below to appeal the PCN successfully. I responded by post about two weeks after receiving the notice. I never heard anything for a couple of weeks after and presumed the matter to be closed.

    I then received another letter saying that 28 days had elapsed and the fine was £100 and needed to be paid in full. This time i re-sent my original letter but put it recorded delivery to make sure that it got there.

    Today i get an appeal letter back stating that it is too late to lodge an appeal and i have 14 days to settle the full amount of £100 in full. They conveniently didn't get my first appeal which was well within the 28 days.

    Any advice on what i can do?

    Thanks



    PCN: 391XXXXXXX


    Dear sirs,


    This is my second letter to you involving this matter. This will be sent recorded delivery to avoid any further confusion.


    I, as registered keeper, wish to invoke your appeals procedure. I cannot confirm i was the driver of the vehicle at the time and date of the alleged overstay. I note the protection of freedoms act 2012 schedule 4 section 9 states that for keeper liabilty to apply the keeper must receive a notice to keeper within 14 days. The date of the incident was 22/04/2016 and your notice to keeper is dated 09/05/16 and delivered sometime thereafter. According to my abacus the notice to keeper should have arrived no later than 06/05/16.


    In any event your charges are penal in nature and not a genuine pre estimate of loss.


    Should you reject my appeal please supply a popla code and be warned that i will constitute any further unwanted contact as harassment and will sue as per Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) , Roberts v Bank of Scotland Plc (Rev 1) [2013] EWCA Civ 882 (11 June 2013) and Bank of Scotland v Johnson (Rev 1) [2013] EWCA Civ 982 (19 June 2013).


    Yours


    Zac
    Tags: None

  • #2
    Re: PCN received from Civil Enforcement LTD - urgent help needed

    tagging [MENTION=5354]mystery1[/MENTION]
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: PCN received from Civil Enforcement LTD - urgent help needed

      4 things you can do.

      1. Contact them telling them you did, in fact, appeal in time. This will not work without proof, primarily because it doesn't suit them and the truth matters not one jot. However, if things ever progress to court it might help persuade a judge if they see you simply didn't ignore the matter.

      2. Ignore them unless they send court papers.

      3. Contact the pub, asking for intervention. (can be done with 1&2)

      4. Pay.

      M1

      Comment


      • #4
        Re: PCN received from Civil Enforcement LTD - urgent help needed

        1) If it does go to court is it likely that i will win, and if i lose what on average would the costs be?

        3) what could the pub do?

        Thanks

        Comment


        • #5
          Re: PCN received from Civil Enforcement LTD - urgent help needed

          1. If they do not know the driver they shouldn't ever win. CEL do not have a habit of actually getting to trial even when they have forced people to turn up at court on the day as they often do not show. If the driver is different to the registered keeper then this reinforces the wining hand.

          I reckon they would seek about £240 in total, including the PCN.

          3. If they have any control, get it cancelled.

          M1

          Comment


          • #6
            Re: PCN received from Civil Enforcement LTD - urgent help needed

            So i have rang the manager of the pub and she says they have no control over the parking tickets. I also asked her if they have any CCTV of the carpark so i could at least clarify who the alleged driver was, and she said they don't keep anything over 28 days.

            I am going to reply to the letter stating that i did appeal in appropriate time etc and if they take me to court then i will take my chances as i feel i have a strong case. Do you agree?

            Thanks for all your help on this matter

            Comment


            • #7
              Re: PCN received from Civil Enforcement LTD - urgent help needed

              It's hard to say if you have a strong case, but if they have no idea who the driver was then you should win.

              Anyone should win against CEL though, as they seldom see the whites of a judges eyes and they'll never win without doing so (unless both parties agree a paperwork only hearing).

              M1

              Comment


              • #8
                Re: PCN received from Civil Enforcement LTD - urgent help needed

                Is there anything in particular i need to say in my letter back to them?

                Comment


                • #9
                  Re: PCN received from Civil Enforcement LTD - urgent help needed

                  Dear dipstick,

                  I appealed in time, what you have replied to is a follow up. Please accept or decline my appeal with a popla code in accordance with the BPA code of practice.

                  Yours etc

                  I don't think i've ever seen anyone get passed the " we never got your appeal, you're too late now ner ner ner ner ne" stageand had an appeal considered. It does look good later on if it does go to court though.

                  M1

                  Comment

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