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Success (post Beavis) with CEL ; did we strike lucky.


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A relative asked for help with a Civil Enforcement Ltd PCN.

 

I knew time would be tight with when the CofA appeal (Parking Eye v Beavis) was due.

 

When the judgement was released, I didn't have access to the judgement, and I wrote the appeal (pdf attached), bearing in mind what I saw online discussing the judgement.

 

Now the judgement is up on e.g. BAILIL, I find that councils and their charges are mentioned:

 

Here, too, it seems to me that the everyday experience of the use of charges of this kind by local councils to manage the use of a scarce resource tends to show that, provided the charge is not set excessively high, it does not create a significant imbalance in the parties' rights and obligations

 

So, not in the way I had heard ; the CofA didn't actually say "charges in proportion to council charges are allowed", and in particular didn't say "charges disproportionate to council charges aren't allowed" (though ..... they still might?).

 

They cancelled their PCN in response : Did we strike lucky?.

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Hi

You did strike it lucky but you are not alone. I think they are starting to allow appeals as they have spent a fortune on court fees then not turning as they felt that issuing court papers would encourage people to pay up which they didn't and that they have been hit by the extra costs

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CEL have rather a lot of thinking to do before they issue any more court claims. Some of that thinking time may well be in Barlinnie Prison so they are grabbing what money they can and not really bothering about pushing anyone else for the rest so doing POPLA is low on their priorities. The main point is not to send them any money and they will give up very quickly now.

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