PCN from Civil Enforcement Ltd

[mystery1]

Re: PCN from Civil Enforcement Ltd

2/3 weeks although due to the supreme court hearing this month and the few weeks it'll take for the result it may be 2/3 months.

M1

[dstothard69]

Re: PCN from Civil Enforcement Ltd

OK thank you

Will CEL know I have an appeal active with POPLA and will not chase me? Just thinking if it takes a long time that's all

[mystery1]

Re: PCN from Civil Enforcement Ltd

They should know and they are not allowed to chase you when an appeal is outstanding.

M1

[dstothard69]

Re: PCN from Civil Enforcement Ltd

Thank you

So if POPLA consider the only viable grounds to my appeal to be based on the same rationale and outcome of this case going through the supreme court then they will need to suspend my case pending its outcome?

Got to love case law

By the way what is the main justification to appeal in Beavis case? Just so I know if this could potentially hold up my case or not?

I have appealed on 5 points so hopefully I won't need to wait

Cheers

[mystery1]

Re: PCN from Civil Enforcement Ltd

http://www.parkingcowboys.co.uk/parkingeye-vs-beavis/

M1

[dstothard69]

Re: PCN from Civil Enforcement Ltd

Just to keep you in the loop M1

I submitted my appeal to POPLA with evidence which has been acknowledged. POPLA will consider my case on or shortly after the 7th of August, and in the mean time they have written to CEL requesting evidence to defend their case

Will let you know the outcome once I do

Cheers

Damian

[dstothard69]

RE: Still waiting a POPLA verdict

Hi All

I hope you all had a pleasant bank holiday weekend

I would appreciate some advice if possible! Last year I was unlucky enough to receive a PCN from CEL for a silly T&C clause of not paying for my parking within 10 minutes of arriving at the car park (I needed to get change and actually paid for more time than I actually stayed in total). Well naturally, from the advice of this forum and the wonderful @mystery1, I disputed the PCN, CEL rejected it of course, and I then submitted my appeal to POPLA. This was all around June last year and it was around the time that POPLA changed managing companies.

The last correspondence I had was from CEL acknowledging that my appeal was with POPLA and that all correspondence should now made through POPLA until the decision on the appeal was concluded by them. I received a couple of letters from POPLA informing me of when my case would be heard the last being stated as the 19th of November, which has been and gone with no word.

Well I haven't heard a thing since. Nothing from CEL or POPLA!!

Now is this something that will come back to haunt me in many years when POPLA or CEL audit their records or do I have an added defence that if I don't hear anything from either party for a fixed period of time the PCN will automatically become null and void anyway?

I am of course reluctant to chase / call either company when I have heard nothing, but equally I am the kind of individual which doesn't like not to have a conclusive resolve to a situation like this (its a problem I know ... I am seeking counselling lol)

Any factual advice would be greatly appreciated, thank you

Cheers

Damian

[mystery1]

Re: PCN from Civil Enforcement Ltd

It would become statute barred after 6 years but i'm afraid that is it.

M1

[dstothard69]

Re: PCN from Civil Enforcement Ltd

Thank you.

So do I just wait and see then? I assume as my last correspondence states this is awaiting an POPLA decision no actions can be taken by CEL until this is concluded?

Cheers

Damian

[mystery1]

Re: PCN from Civil Enforcement Ltd

In theory, yes.

Personally i'd be tempted to email info@britishparking.co.uk and ask for an update. Note that's not popla as the popla version you dealt with is gone and the new popla are not handling it.

M1

[dstothard69]

Re: PCN from Civil Enforcement Ltd

I agree!

Email sent... will let you know what they say, thank you again

[dstothard69]

Re: PCN from Civil Enforcement Ltd

I agree!

Email sent... thank you

[dstothard69]

Re: PCN from Civil Enforcement Ltd

BPA have just contacted me on behalf of POPLA saying my case / appeal will be heard in 8-10 weeks time!

Will let you know what they say

Cheers