Advice on appeal letter to Civil Enforcement Ltd - WON

[bosselliot]

hi there

i have been reading up on this forum about the appeal process. I have never had any debt or court proceedings against me before so have no knowledge on how best to fight this company. I can see the likelihood of winning on appeal letter alone is slim. the car park in question (a KFC) offered 75 minutes free parking. i went over by 21 minutes and CEL have decided that that is worth £60 now and £100 after 14 days. a totally unrealistic charge i feel compared to the cost of local car parks. (the reason i was there is because i am a council employee and was sent there by the council to cut the hedges opposite the restuarant).

i have spoken to kfc but they are not interested in assisting me

could anyone point me in the direction of a draft email that i could send please? i have read a few posts but the chap who knows whats what on this forum (M1) asks for a new thread to be posted after the end of October. So i am just being precautious by asking if the draft letter needs to be updated after this date as well?

i am really keen on taking this as far as it needs to go as i feel its unjust, unfair and both KFC & CEL to be unhelpful. plus i like to fight for the underdog (and this time round its me!)

thanks to all in advance

[bosselliot]

Re: Advice on appeal letter to Civil Enforcement Ltd

oh, just to add... i am not the registered keeper, the council are. i am unable to respond as the 'registered keeper', i was the driver (i could respond as registered keeper if i responded as the council themselves... would that work or be any better?)

[mystery1]

Re: Advice on appeal letter to Civil Enforcement Ltd

Better just to do it as driver i think.

Dear Sirs,

I wish to invoke your appeals procedure. I was a customer of KFC (see attached receipt). In any event your charges are penal in nature and not a genuine pre estimate of loss. (see CEL v McCafferty).

Should you reject my appeal please supply a popla code.

Yours etc


The receipt bit needs removing in the probable event you don't have it.

If you get a popla code please return for further help.

M1

[bosselliot]

Re: Advice on appeal letter to Civil Enforcement Ltd

thanks M1... i have read much of your advice over the past 24 hours and its been a great help.

i just drafted this and wondered if you think it suitable to send. i have an email which i can get a reciept on but i think perhaps a signed for letter would be the offical response?

Dear Sirs,

I wish to invoke your appeals procedure as driver of ****** on ******. I was working for the ****** cutting back hedges that were impeding upon a public footway and reported by a member of the public as dangerous. I parked opposite the job in a KFC that was closed upon arrival. As it was raining heavily I did not see your signs.

In any event your charges are penal in nature and not a genuine pre estimate of loss. (see CEL v McCafferty).

Should you reject my appeal please supply a popla code.

Yours


this should do the trick do you think?

thanks again

[mystery1]

Re: Advice on appeal letter to Civil Enforcement Ltd

:okay:

M1

[bosselliot]

Re: Advice on appeal letter to Civil Enforcement Ltd

ill keep you posted on how this progresses :llama:

[bosselliot]

Re: Advice on appeal letter to Civil Enforcement Ltd

hi M1...

i visited the car park today and noticed there is only one sign on the entrance to the car park. It does not state there are CCTV cameras in force on the entrance or any other reference to them apart from 2 larger signs... one facing into the car park and not viewable untill you are parked and the other in the far corner.

You can see these both in location from the photo i took at the entrance. i took close ups of the others... the reference to cameras is very small and the signs quite high up

i am pretty sure the law states that you need to make people aware there is CCTV in action on the premises?

just thought this might also assist my case against their claim?

cheers in advance

[mystery1]

Re: Advice on appeal letter to Civil Enforcement Ltd

Handy having the signs "to deter abuse " = penalty so that's game over right there. The anpr issue is no use to get it cancelled.

M1

[bosselliot]

Re: Advice on appeal letter to Civil Enforcement Ltd

ahhh, i was more using the signs as something to go after KFC with as they have been so unhelpful throughout this process (in turn perhaps helping my case). Am i right in saying that they have to declare that CCTV is in operation on the premises or are these signs sufficent?

sorry, what do you mean re: game over? is the wording incorrect or does it give CEL a broader scope to chase people with?

thanks in advance as ever

[mystery1]

Re: Advice on appeal letter to Civil Enforcement Ltd

They are not a statutory body and can't issue penalties.

http://nebula.wsimg.com/d8670de1426e...&alloworigin=1

M1

[bosselliot]

Re: Advice on appeal letter to Civil Enforcement Ltd

oh really??? thats interesting. if this is the case, and from reading the forwarded documentation you sent it seems to be in the eyes of the law, they are in a bit of a pickle with that one then. i

this fires me up nicely to go to court against them and have a further reference case for other members of the public who are duped by this car park and this companies terminology

[mystery1]

Re: Advice on appeal letter to Civil Enforcement Ltd

Never get to court. Popla at worst :okay:

M1

[bosselliot]

Re: Advice on appeal letter to Civil Enforcement Ltd

thanks... i shall contact you once the popla arrives. all the best...

[bosselliot]

Re: Advice on appeal letter to Civil Enforcement Ltd

hi there,

i havent heard anything back from CEL since writing and emailing them for my POPLA code (recieved confirmation they got both) now for 34 days.

is there a formality or time period they need to follow in regards to sending me through this code?

cheers in advance

[mystery1]

Re: Advice on appeal letter to Civil Enforcement Ltd

http://www.britishparking.co.uk/writ..._update_V5.pdf

22.8 You must acknowledge or reply to the challenge within
14 days of receiving it. If at first you only acknowledge
the challenge, or your reply does not fully resolve it,
normally we would expect you to seek the additional
information you require from the motorist and accept
or reject the challenge in writing not more than 35
days after the information required to resolve it has
been received from the motorist. It is acknowledged
that in exceptional circumstances, an investigation into
a challenge may take longer than 35 days after such
information has been received and in these instances the
motorist must be advised accordingly and given a date by
which they can expect a resolution. If this date cannot be
achieved then the motorist must be written to again and
a revised resolution date agreed. We may require you to
demonstrate that you are keeping to these times.



Wait until early January and chase them up, inviting them to cancel due to non compliance with the code of practice.

M1