Civil Enforcement Ltd PCN - won

[Ospervat]

Firstly, hi to all - I'm new to the forum and need advice / confirmation on my legal position regarding subject.


I have attached a redacted copy of my PCN for reference.


It is my understanding that according to the Protection of Freedoms Act 2012, Schedule 4 Section 9 (4) & (5) this PCN is invalid as they failed to issue the PCN within 14 days of the day after the alleged offence.

The act states:-
(4) The notice must be given by—
(a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.


(5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

The date of the alleged offence is 23 Feb 2017
The date of PCN issue is 15 March 2017
This equates to 19 days after the alleged offence was committed.

If I intend to appeal directly by email to Civil Enforcement Ltd would this potentially be sufficient grounds for a successful outcome.

Also, just as an aside to this - they also managed to mis-spell my first name. Just an after thought but legally speaking would this also negate the validity of the PCN?

I look forward to some expert advice.

Regards
Delinquent OAP

[mystery1]

Re: Civil Enforcement Ltd PCN

If I intend to appeal directly by email to Civil Enforcement Ltd would this potentially be sufficient grounds for a successful outcome.

As long as they have no idea who was driving, yes.

Also, just as an aside to this - they also managed to mis-spell my first name. Just an after thought but legally speaking would this also negate the validity of the PCN?

No. I do wonder whether they did, DVLA did or you did when filling in the registration document. I'd check but it has ne relevanc for this ticket.



http://legalbeagles.info/forums/show...521#post636521

M1

[Ospervat]

Re: Civil Enforcement Ltd PCN

Thanks M1. Appreciate the prompt response.

OK- so I will appeal to CEL on the grounds stipulated in the FoPA fully expecting a rejection and having to go down the POPLA route. Do you have a specific template you could suggest or recommend for this type of appeal.

How would / could they know who was driving. Does ANPR cover driver ID.
Obviously it wasn't me.

Rgds
Delinquent OAP

[mystery1]

Re: Civil Enforcement Ltd PCN

http://legalbeagles.info/forums/show...cement-Ltd-won

Would be very similar to that, if not exactly the same.

M1

[Ospervat]

Re: Civil Enforcement Ltd PCN

Thanks M1. Will get on it and provide update on outcome.

rgds
Delinquent OAP

[Ospervat]

Re: Civil Enforcement Ltd PCN

Hi M1

This is progressing along precisely as expected. So predictable!

Attached is my letter to CEL as part of their internal procedure and their reply.

I guess my question is what to do next in terms of addressing this with POPLA.

Regards
Delinquent OAP.

[mystery1]

Re: Civil Enforcement Ltd PCN

No worries. You will win once i give you the correct popla appeal. I will get back to you.

M1

[mystery1]

Re: Civil Enforcement Ltd PCN

Edit to suit, especially #4 and upload to popla as per http://parking-prankster.blogspot.co...a-process.html

Ospervatpopla.rtf

M1

[Ospervat]

Re: Civil Enforcement Ltd PCN

Thank you. Your efforts are much appreciated.

Done today - will await positive outcome.

[Ospervat]

Re: Civil Enforcement Ltd PCN

Hi M1

RESULT!

Below is the emailed response I received from POPLA today.

Thank you so much for all your help in this matter. You deserve a Sainthood.

Regards
Delinquent OAP

============
Dear Xxxxxx Xxxxxxx

Thank you for submitting your parking charge Appeal to POPLA.

An Appeal has been opened with the reference XXXXXXXXXXX.

Civil Enforcement have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

Yours sincerely

POPLA Team

[mystery1]

Re: Civil Enforcement Ltd PCN

No worries. You will win once i give you the correct popla appeal. I will get back to you.

M1

If only the lotto was this easy

M1