Civil Enforcement WON !!

[carnybaby]

Good morning folks,

Having read the posts regarding letters for parking charges from this company I need some advice.
This morning I received a pink 'Final reminder before legal action' Letter for an offence that allegedly occured on 27 11 2013.
I have received no previous correspondence regarding this so am not sure how to proceed.
It seems to be the same letter as previous users have received but as they are claiming they issued a PCN on 9 December and its now 23 January I believe the appeal period has passed?
I was intending to ignore it as on this day the car was parked in a paid carpark and had been paid for completely for the whole day from 7.45am to 5.59pm (we have evidence of the payment).
Is it advisable to contact CEL for further details relating to this parking charge or is it better to ignore this letter?
We called the operators where the vehicle was parked that day and they have confirmed they didnt issue this PCN.

Any advice gratefully received

[mystery1]

Re: Civil Enforcement

Are the chasing the driver or registered keeper ? Are they different people ?

M1

[wales01man]

Re: Civil Enforcement

You have a ticket as proof you paid?

The car park operator did not issue the ticket?

You paid so why are the trying to charge you what evidence have they produced?

[carnybaby]

Re: Civil Enforcement

The letter is addessed to me and I am (or was, as the car has since been sold) the registered keeper

[mystery1]

Re: Civil Enforcement

Well don't let them know that !

Phone them up, as registered keeper of course, and tell them you just got the letter and complain that you didn't have a chance to appeal. Don't give them any other info unless it's an email address to send written confirmation of a right to appeal.

M1

[carnybaby]

Re: Civil Enforcement

Sorry if the post is confusing.
We received this notice this morning so we checked where the car was on that particular day. We were parked in milton keynes where my wife works and she pays for her parking via a service called myringgo so there is an electronic record of her having parked there.
We dont recall having parked the car anywhere else that day as it was a work day so would have gone to work then come home afterwards.

We cant for the life of us figure out where it could have been parked and as we didnt receive a PCN with details of where the incident occured so were not sure of the next step.

In reply to mystery1, I tried calling CEL to tell them we received no PCN and to provide further details but it just goes to voicemail after keeping you on hold.

[wales01man]

Re: Civil Enforcement

ASk for the evidence

[carnybaby]

Re: Civil Enforcement

You have a ticket as proof you paid?

The car park operator did not issue the ticket?

You paid so why are the trying to charge you what evidence have they produced?

We have received no PCN or evidence, only this pink letter saying 'Final reminder before legal action'

[mystery1]

Re: Civil Enforcement

Fair enough. Just write an appeal and see if they fall for it, so to speak.

Bear in mind they will have anpr pictures of entering and leaving so you must be sure that the car was not there.

Dear Sirs,

I have received a communication from yourselves, dated xxxx. This is the first communication i have had in this matter. I am the registered keeper of this vehicle.

I wish to invoke your appeals procedure. The vehicle was parked at xxxxxxxxxxxxxx and as far as i am aware could not have been at xxxxx on xxx. In any event your charges would be penal and not a genuine pre estimate of loss. Please provide a popla code if you reject my appeal.

Yours etc


M1

[carnybaby]

Re: Civil Enforcement

Thankyou Mystery1

As we have no original PCN we dont know where or what time the offence is alledged to have taken place. I was intending to write something along the lines of:

Dear Sirs

I have received a communication from yourselves, dated 22 January 2013. This is the first communication i have had in this matter. I am the registered keeper of this vehicle.
I have received no prior communication regarding this parking charge. Please send me a copy of the original PCN together with details of the time and location of the incident together with evidence of the parking infraction. I would also require evidence that this PCN was sent to us at this time.
As no notice was received on 9 December 2013 I will invoke your appeals procedure upon receipt of the above evidence.

yours ...

Does that sound ok?

[mystery1]

Re: Civil Enforcement

I'd merge the 2 just so you are appealing it even though you are questioning it too. You are hoping they count it as an appeal so if they reject it you'll get a popla code.

M1

[carnybaby]

Re: Civil Enforcement

Dear Sirs

I have received a communication from yourselves, dated 22 January 2013. This is the first communication i have had in this matter. I am the registered keeper of this vehicle.
I have received no prior communication regarding this parking charge. Please send me a copy of the original PCN together with details of the time and location of the incident together with evidence of the parking infraction. I would also require evidence that this PCN was sent to us at this time.

Additonally, I wish to invoke your appeals procedure as I do not believe the vehicle was incorrectly parked upon that date. Please provide a popla code if you reject my appeal.

yours....

How does that sound? Sorry for being such a pain but ive never had to deal with anything like this before.

[mystery1]

Re: Civil Enforcement

That sounds fine.

These things are just a nuisance. Nothing to worry about really. Your health and well being are not at stake

M1

[carnybaby]

Re: Civil Enforcement

Thankyou again. I had major heart surgery in october 2013 so extra stress like this is most unwelcome!
I will write to them then try to forget about it for now

[carnybaby]

Re: Civil Enforcement

Just an update, we had the original PCN sent after we wrote to them. It appears that the area where we parked was not part of the council car park scheme. The only indication its not are a few small signs that were up around it. It is actually attached to the council controlled carpark and the bays look identical. We went to check out the signage and it has been changed now. They are far bigger and more numerous now unlike when we parked. The images they sent us show the old signage.
Now im wondering why the signs have been changed and if we have any chance to appeal on the basis that they were insufficient. Grasping at straws I know and will most likely just pay it, thing is, my other half thinks shes parked there since too so now were expecting more of these in the post.