Civil Enforcement Ltd. PCN - Assistance Requested!

[Bopper84]

Hi Guys,

I wonder if you can help me. My wife was issued with a PCN by Civil Enforcement Ltd. in relation to an over-stay in a car park in Birmingham (King's Heath Retail Park, Findlay Road, Birmingham, B14 7SN). The incident in question occurred on 19th November 2016.

We have just received a "Letter Before Action" letter from Civil Enforcement Ltd. and, just to confirm, we have not acknowledged this PCN in any way, shape or form. Nor have we formally appealed this PCN via POPLA. Note that the "Letter Before Action" we have just received includes a Press Summary regarding two court cases - "Cavendish Square Holdings BV (Appellant) v Talal El Makdessi and ParkingEye Limited (Respondent) v Beavis (Appellant)"

Now, my understanding is that PCNs issued by organisations that are not a local council or the police are not legally enforceable. Is this still correct?

I myself was issued a PCN by Civil Enforcement Ltd. a couple of years ago and successfully appealed the PCN via the POPLA route (with some help from Legal Beagles )

If I were to post pictures of the letter we have been sent, would anyone have any templates that we could use to successfully appeal against this PCN?

Many thanks in advance,

Bopper

[ostell]

Re: Civil Enforcement Ltd. PCN - Assistance Requested!

They are enforceable if the parking company care to take them to court. Things chaged with the introduction of POFA in October 2012.

The court cases mentioned are used as frighteners and most probably will not apply to your situation. A copy of the original PCNs would be helpful. With identifying details removed.

[mystery1]

Re: Civil Enforcement Ltd. PCN - Assistance Requested!

Post up the claim form after sanitising it.

M1

[Bopper84]

Re: Civil Enforcement Ltd. PCN - Assistance Requested!

Post up the claim form after sanitising it.

M1

Guys,

Here is the chaser, but I'm afraid my wife has already thrown the original PCN itself in the bin!

Any help you could provide would be most appreciated!

Many thanks,

Bopper

[mystery1]

Re: Civil Enforcement Ltd. PCN - Assistance Requested!

Is your wife the registered keeper ?

M1

[Bopper84]

Re: Civil Enforcement Ltd. PCN - Assistance Requested!

Is your wife the registered keeper ?

M1

Yes, my wife is the registered keeper of the vehicle.

Many thanks,

Bopper

[mystery1]

Re: Civil Enforcement Ltd. PCN - Assistance Requested!

Dear Civil Enforcement,

I am in receipt of your draft particulars of claim and letter before action.

In order to respond, and to comply with the pre action protocols and CPR, please answer the following questions :-

1. Are you chasing myself as the registered keeper ?

2. How are the extra charges made up ?


Please also furnish me with a copy of your PCN and signs at the site.

Once you supply the requested information i will reply in full.

Yours etc

M1

[Bopper84]

Re: Civil Enforcement Ltd. PCN - Assistance Requested!

Thanks!

Will send this letter off and let you know what I receive back.

Many thanks,

Bopper

[Bopper84]

Re: Civil Enforcement Ltd. PCN - Assistance Requested!

Hi Guys,

Sorry for the delay here. I sent a letter to Civil Enforcement, with the wording kindly provided in this thread.

I have attached the documents I received back from CE.

How should I phrase & structure my response to CE?

I am a little concerned that I have been a little bit tardy in replying to them up to this point.....

Your continued support is much appreciated.

Many thanks,

Bopper

[mystery1]

Re: Civil Enforcement Ltd. PCN - Assistance Requested!

I would reply something like

Dear Civil enforcement Limited.,

I write in response to your letter before action dated xxxxx, the contents of which are noted.

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 £x 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

[Bopper84]

Re: Civil Enforcement Ltd. PCN - Assistance Requested!

Hi mystery1,

Thanks for your draft letter above, however, I believe you may have missed some wording our towards the bottom of your post -

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

What are the consequences of Civil Enforcement not complying with CPR16, that their claim cannot be upheld?

Many thanks in advance,

Bopper84

[mystery1]

Re: Civil Enforcement Ltd. PCN - Assistance Requested!

Probably should have :- after with.

In theory yes. Some judges will throw a case out if the case makes no sense when pleaded (that also applies to a defence).

M1

[Bopper84]

Re: Civil Enforcement Ltd. PCN - Assistance Requested!

Hi Guys,

The PCN my wife received towards the end of last year is still ongoing. Latest developments are as follows -

Civil Enforcement Ltd forwarded on the matter to a company called ZZPS Ltd, who have now, in turn, passed it onto Wright Hassall Solicitors. We have received the letter attached in the last week or so.

Now, I've done a little reading up and this Wright Hassall firm also seem to be cowboys, but we are getting a little jittery and are close to paying the fine (which is now an astonishing £236!)

Do you have any advice on how you would proceed from this point, if you were in our position?

Many thanks as always,

Bopper

- - - Updated - - -

Wright Hassall letter attached.

Many thanks,

Bopper

[ostell]

Re: Civil Enforcement Ltd. PCN - Assistance Requested!

You could write the WH asking on what authority are they are taking instructions from ZZPS when the alleged debt is with CEL.

If it did go to court as a claim against the registered keeper and they are using POFA for keeper liability then the max they can claim from the keeper is the original PCN

[Bopper84]

Re: Civil Enforcement Ltd. PCN - Assistance Requested!

Thanks Ostell.

My wife and I are going to hold our ground and ignore the WH letter for now. I found some interesting articles regarding both Civil Enforcement ltd and WH. Will post links to these articles as a response to this thread in the next week or so. These will hopefully be of use to other forum members.

Many thanks,