PCN from Civil Enforcement Ltd

[Alipeeps]

[ATTACH=CONFIG]53821[/ATTACH]Hi CAGers, hoping I can get your advice on how to deal with this PCN.

 

I've had a PCN before but this was years ago and the advice at the time was to ignore them. I believe legislation has now changed and the advice is not to ignore... and that there's something called POPLA? Is that right?

 

Anyhow, I received this PCN for parking in the car park at my local Co-op because I overstayed (by 23 minutes) the stated 2 hours of free parking. There are signs on site stating the parking rules, although they are all attached to post at above head height level. I was aware of the 2 hour parking rule and I don't deny that I did overstay (I got there earlier than planned for a 1pm appointment (better early than late, right?) and it took me longer than anticipated to get back to the car) but I don't think £90 is a fair or appropriate fine for a fairly short overstay and I'll be damned if I'm going to pay these extortionate fees if I don't have to.

 

So, gentle CAGers, please advice me of how I go about appealing this and what this POPLA thing is please? Am attaching a .pdf of the PCN letter.

[ATTACH=CONFIG]53816[/ATTACH]

[Cardiff Devil]

Correct, ignoring is no longer the best option. Simply write a "soft appeal" to CEL (there are plenty of templates and examples available on this forum and elsewhere). All you need to include is a single reason why they shouldn't have ticketed you, I would simply say that the signage on the site is incorrectly positioned and does not conform to the BPA's AOS Code of Practice. Make sure you make it crystal clear that you are requesting a POPLA code should they not uphold the appeal. Send it off with proof of postage (available for free from your local post office I believe), and wait a couple of weeks.

 

They will deny the appeal of course, but should then provide you with the 10-digit POPLA code. This costs them about £28 per code generated. Once you have this, appeal to POPLA using the GPEOL argument. They will lose, and that will be the end of the matter, they've lost about £30 for the POPLA and DVLA fees, and it's cost you nothing except for a few sheets of paper and a couple of stamps.

[Alipeeps]

Thanks for your reply Cardiff Devil. Will get the letter sent.

[ericsbrother]

The Co-Op will help you no end with this claim as they had a big falling out with CEL so will probably get the "ticket" cancelled.

however, whilst you are waiting for their response you reply as the KEEPER of the vehicle (as CEL use number plate capture) and sya that you do not belive that CEL have the authority to issue a claim for breach of contract and ask them to provide proof of the assignment of the rights to do so from the owners of the land. State this is yopur appeal.

[Alipeeps]

I'm pretty sure people have spoken to them before about the behaviour of their car park enforcers and they have basically washed their hands of it, saying they have nothing to do with how the parking rules are enforced. I seem to recall hearing they'd had lots of complaints and all they've done about it is to put a sign up near the entrance reminding people that if they park there they need to follow the posted car park rules.

 

So, am I better to appeal to CEL on the grounds of incorrect signage or of lack of authority to issue claim for breach of contract? Also, could anyone point me in the direction of a template "soft approach" letter of this type. I've had a look through the CAG library and can't find any such template. Am I looking in the wrong place?

[renegadeimp]

Appeal to PPC, complain to landowner.

 

Then depending on outcome, appeal through popla and win.

[armadillo71]

You appeal as the registered keeper to CEL, stating that you are not liable for this charge. You believe that it is an illegal penalty.

You have no obligation to name the driver at the time of event. Please cancel the charge or allow me, as rk, access to the independent appeals service POPLA.

 

 

That is the simple appeal to gain a POPLA code.

 

 

And in the meantime complain vigorously to the CO OP management/ head office, who should get it cancelled. At no point identify the driver.

 

 

Get free proof of postage for all correspondence.

 

 

Also I would edit out the PCN number in your attachment.

[ericsbrother]

it doesnt matter what you say to CEL really as long as you get the POPLA code. the proper appeal is to them.The CoOp want rid of CEL but are tied into a commercial contract so they cant, that is why they can be helpful. In the past they have paid the parking charges for the customer so get moaning to them centrally and dont bother the local store manager, they cant help you.

[Alipeeps]

Also I would edit out the PCN number in your attachment.

 

Thanks for the advice. Have done.

 

it doesnt matter what you say to CEL really as long as you get the POPLA code. the proper appeal is to them.The CoOp want rid of CEL but are tied into a commercial contract so they cant, that is why they can be helpful. In the past they have paid the parking charges for the customer so get moaning to them centrally and dont bother the local store manager, they cant help you.

 

Okay, thanks for that. I will write to Co-Op head office too then.

 

Thanks everyone for your advice.