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Posts posted by q.q.qlp

  1. A "one off mistake" is not something they would usually consider (imagine a murderer proving he only did it once, claiming they should therefore let him off without penalty!


    Comparing me to a murderer Tony?! That's a bit harsh! :D

    (and I don't think really analogous to this situation)


    Hmmm yes jamberson you may be right. Unless I get a better idea I may just do that and whinge at them a bit (and forever be bitterly resentful).


    Is it worth telling my local MP?


    I just can't beleive their totally bad attitude. Not a way to engender a feeling of community

  2. Good idea... Unfortunately checked their guidance and their minimum observation time is 5 mins so no joy there.


    I was hoping that if they take me to court over it I would win since it was obviously a one off mistake and I can demonstrate both a long record of regular payment and a willingness to pay the normal fee immediately when I realised my mistake (only mistake in 5 or so years!). Does anyone know about this?

  3. Hi,


    Hope you can help, this is my first Penalty Charge Notice.


    I park on the same road for 6hrs 3 x week for work and have done for years.

    I have always paid and for at least 1yr have been using the pay by phone app so it is easy for me to prove that I always pay, regular as clockwork on these 3 days at the same time every week.


    On this day I was frazzled and tired and rushing to work and received an important phone call at exactly the time I was paying by phone. After the call I forgot to pay.


    I told the council all of this and I immediately offered to pay the usual parking fee owed as I always do and they still want me to pay a fine!



    I think this is really unfair and it sticks in my craw as it was an honest mistake so I really don't want to pay the fine.


    Do I have any chance/way of winning an appeal or is there no way around it and should I just (very begrudgingly) pay?


    They say they only observed my car from 14:07 til 14:12- only 5mins, is this a way to win an appeal?


    Many thanks for any help.

  4. Hi,


    I was hoping this would just go away after my letter telling them to bog off but following on from the above thread this "final reminder before debt recovery" letter has arrived and threatens action from "debt recovery specialists" if I don't pay £60 within 28days which sounds a bit scary (ie two big blokes booting my door in and taking my TV type scary).


    What is my next action?


  5. So to try to make this clearer

    we entered as per the first photo and parked on the left

    - roughly where the fourth car along is (the blue one sticking out).


    We then walked to the doors straight ahead in the second photo (to a cafe in that building) across the grass where the man is

    - four of us saw no signage.

    Which is because there is no adequate signage.


    The only signs are on the right (which is a separate enclosed area), way over about 100m in the distance to the very right of the main building and on the fence on the left in the first photo

    - but it would be behind you over the passengers left shoulder as you entered!

    (I'm sorry but the file manager says I can't add any more photos)

  6. Oh yes you're right.


    I didn't even see that when i returned a second time to take more photos!

    I'd really rather not have to drive back again.


    We approached to park on the left anyway

    . These signs seem to only refer to the enclosed car park to the right hand side


    . All in all the signage is a joke.

    No one could be expected to see it


    . Is there enough here to tell them to bog off or do I really need to return?

    (I had taken a video but i can't seem to find it annoyingly).

  7. Hi,


    Hope everyone had a good bank holiday.


    I (and three others!) missed crap signage and got a Contractual Breach Charge from Ethical Parking on my windscreen over the weekend. Just double checking that it is currently still best to do nothing until a notice to keeper arrives (between 28 and 56 days) before I take any action on one of these?


    Then if it (NTK) arrives on time post photos of it and signage on here for assistance?


    Just don't want to get it wrong! Thanks!

  8. Thanks very much for explaining things. So it won't weaken my case any if I don't go to POPLA?


    If I send the letter with my address on it but no name or signature will that weaken my case any?


    If not how about this letter I've drafted as per your suggestions? Shall I just send it as is with no "Yours sincerely" or whatever? Not signing it off seems weird....


    Dear Sir,


    The Parking Charge Notice ref: XXXX you sent to this address is not compliant with the Protection of Freedoms Act 2012 and therefore no keeper liability has been formed.


    The billable hours and expenses spent researching and dealing with this issue have already been logged and will continue to be so if harassment with this spurious penalty continues for a future invoice of costs incurred.

  9. Is it non compliant? Ericsbrother stated it was and so I'd like to be sure why so I know I'd have a case if they pursue me.


    I just don't want to lose and have to pay. I don't want to have to defend myself in court either (although I will if I have to), I can imagine it'd be time consuming and stressful. I just want this to go away asap without paying the swine and need advice on the best way to do this. Is there a better template of what to write to achieve this? I'm not as confident as you both seem to be and the risk is that I'll accrue more fines and penalties if I try to fight it so I want to get this right.


    Many thanks again for your help.

  10. You are forgetting that CEL are crooks and liars so a much simpler response is all that is needed.

    "the notice to keeper ref:XXXX is not compliant with the PoFA and therefore no keeper liability has been formed. Now f*** off and dont bother me again you bunch of bandits."

    In short, dont give them any credence they dont deserve. They will lie, produce false documents, false witness statements and various other things so I wouldnt even go along to POPLA if they write back to you. The only thing to remember si they always lose at court becuse they are known to every judge in the country and generally dont turn up as they would rather lose a few quid in costs then get sent to prison for contempt or perjury. They are really that bad. God knows why they are still members of any ATA.


    Thanks for the quick reply! In what way exactly is their notice non-compliant? Shall I outline why it is not compliant in my letter to them? I thought the longer letter may put them off so they pursue easier targets?

  11. Hi,


    I have just received a PCN from "Civil Enforcement" and I wondered if this template was a good one to send as an initial appeal to hope to put this to bed quickly. It seems pretty comprehensive and I thought I'd include it in it's entirety in case it can help others as a useful template/guide to the possible appeals. Is it good or are there any flaws? Thanks!:


    [removed lengthy templates dx]




    Here is my PCN notice. It is unclear whether it is a notice to driver or a notice to keeper. Is this a grounds for appeal? I see that POFA 2012 requires notices to keeper to:


    - Advise that the driver is liable for the parking charge and the amount and that it has not been paid in full

    - State whether a notice to the driver was given either to the driver or placed on the vehicle and if so to repeat the information in that notice about paying the parking charge and when

    - Specify the outstanding amount of the parking charge and of the maximum additional costs they may seek to recover, and of the dispute resolution arrangements

    - Invite the registered keeper to pay the outstanding parking charge or, if he was not the driver, to provide the name and address of the driver and to pass a copy of the notice on to that driver


    so now I'm unsure of my first move....

  12. Well I asked at POPLA and their official appeal is set for 24th Sept so still a little wait for that outcome. However customer services at Lidl have responded to an email I sent expressing my disgust for their current parking practices and with two recent receipts for £70-80 each attached saying that they will drop the charge and have contacted Athena to that effect, I just have to wait for the official reply from Athena. Time will tell but not sure if I should count my chickens on that one yet...


    Many thanks for all who spent time helping me with this, it is really very much appreciated and it is amazing that there is support out there to help fight this kind of unscrupulous practice. Thanks!

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