Cel pcn Lambourne Hse, Bridge Cross Rd, Burntwood, WS7 2BX **TICKET CANCELLED**

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Received a PCN dated 14/05/18 from CEL for the 05/05/18 for the time frame of 19:24:06 to 22:06:12.

 

We did pay parking but I can not remember how long for (think it was 2hrs as we attended a restaurant which was v.busy)

 

I've checked on local authority for planning permission (is it required?) and I can not see that it has been granted for changing from free parking to paid.

 

The location of the car park is Lambourne House, Bridge Cross Rd, Burntwood, WS7 2BX.

 

I'm a bit peeved that despite paying, they expect £100 for being over the time I paid for, despite it being due to how busy the restaurant was.

 

Any suggestions, I've been told by someone at work to write to them stating that I dispute not appeal and request to see a copy of the contract, showing the restrictions, the charges, the dates and terms of business including any payments

between them and the landowner and the definition of status as agents or contractors and assigned rights (if any).

 

And ask "the legal basis of your charge, which is not clear (i.e. breach, trespass or contractual fee). As keeper, I cannot be expected to guess the basis of your allegations.

 

i. If alleging breach of contract, please supply a breakdown of your alleged 'loss' and state the intention of your enforcement (i.e. deterrent or revenue).

ii. If alleging trespass, enclose further evidence of the perpetrator, proof of the liquidated damages alleged and the calculation of this sum by the landholder.

iii. If alleging 'contractual fee' I request a VAT invoice by return and your explanation of how you can allow drivers to park 'in breach' for a fee when your client

originally contracted you in order to disallow and deter - not allow and profit from - unauthorised parking. I contend this charge is merely a penalty which is not

recoverable in contract law (as found by Mr Recorder Gibson QC in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014 Appeal).

 

Please supply proof of your locus standi to offer contracts to drivers at this site and to bring a claim in your own right for this particular contravention. "

 

Does that sound right or is there anything else?

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Type:Parking Charge Notice

Company: Civil Enforcement Ltd

Date of PNC: 14/05/18

Date received: 18/05/18

Infringement date: 05/05/18

Duration: 19:24:06 to 22:06:12

Location: Lambourne House, Bridge Cross RD, Burntwood, WS7 2BX.

 

I have not yet appealed or disputed

 

No NTK - it's just a Parking Charge Notice with no pictures. States £100 or £60 within 14days.

"Failure to pay the amount due within 28days of issue date may result in civil enforcement ltd (the creditor) forwarding your account to debt recovery agency.

 

It does state under how to pay: Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) and doesn't mention BPA or IAS

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requested.

 

There is no signage or notices stating recording or cameras are in operation.

 

I think I've checked the right site for planning permission it's the district council not county?

 

Oh and it was two hours that was paid for. Duration took longer in restaurant due to being busy

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thanks

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Hi Ads_uk,

ive had a ticket from the same carpark and im being taken to court at the end of september, are you able to update as to how you got on and what defence you used? am i able to use your pictures? i parked at nighttime and was visiting Khans, didnt realise i would have to pay at 9pm, pkus it was dark so missed the signs. im really hoping that at the very least i just pay the parking fine of £60 as now the ''fine'' is at £300 and i just think that is disgusting!

Sure, use the pics.

They dropped it when I challenged them on the ownership of the debt & validity of the debt as at the machine there are no t&c (as indicated in an earlier post)

The company name on the ticket machine is different to the name on the signs.

 

Yes your right about it being dark there.

There is no lighting on that property near any of the signage.

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A big thank you Loulabell123.

This is why we ask you all to read other threads so that you can learn the processes that are involved;

see how other members handled the situation;

how different situations require different solutions;

just what a dishonest bunch these parking companies are and how they never seem to get everything right-which gives one the resolve to carry on.

 

The other thing that we learned was that Ads_uk has had his case dropped.

It would have been helpful had he done so at the time since it is always a great encouragement to others who are still struggling with these crooks to see some one else getting the better of them.

 

At the same time thanks are due to Ads_uk for coming back to answer the question and help another member.

 

I'm sure it gives Eric's brother et al a deal of pleasure when they see a case coming to an excellent conclusion and beating the crooks one more time.

 

Done so at the time?

Ive been on holiday the past two weeks & flew back in Saturday morning - have only picked my emails up this morning after sleeping all day..

 

From June to mid July they kept sending reminders so I kept sending them back with a copy of my dispute letter.

They only confirmed 21st August - as I was out of the country..