CEL PCN - The Angel Pub, Beverley, Easy Yorkshire

[neorig]

Having a few issues with Civil enforcement LTD

 

They got my car in a pub car park in the east riding of Yorkshire where you have to go in the pub to let them enter your reg plate but this wasn’t made clear in the pub.

 

I received a letter first letting me know about this parking charge when it stated that I hadn’t paid at the discounted rate of the first letter.

 

Never received the first letter at all - so been trying to get out of this ticket

 

Wrote to Civil Enforcement limited and they told me it was tough as they sent the letter and didn’t matter if I had received or not

 

Tried appealing the ticket with POPLA but couldn’t. as Civil Enforcement limited wouldn’t give me a code to appeal the ticket. So POPLA wouldn’t entertain me

 

So went one above and then Emailed BPA but they said they didn’t get involved in disputes such as this but I learnt that Civil enforcement LTD pay a membership to them

 

I then got a letter from the solicitors on the behalf of Civil enforcement LTD. They have offered me a payment plan of an extortionate rate of £236 for been in this car park for 12 mins :mad2:

 

Is there any way I can get out of this, Happy to provide more details if need be

 

Thank you in advance

[honeybee13]

Hi.

 

You may well not have to pay. Hopefully someone will post a link to the forum sticky that asks for the information we need.

 

HB

[dx100uk]

please complete this

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

[lookinforinfo]

It was a shame that you appealed when you did.

Your appeal has probably confirmed that you were the

driver. Until then they only knew who the keeper was

and it is the driver who is liable if anyone is.

All is not lost as CEL usually get their details wrong.

Please complete the questions asked by dx100 uk

in the previous post and let us see photos of the

Notices received from them -first removing your name,

Address and reg. Number.

If you only stayed there for 12 minutes or so they would

Not dare taking you to Court for that. So if that was

Why they are chasing you They can go

Whistle for any money.

[ericsbrother]

the refusal to give a POPLA code actually screws CEL as it means they cant take civil action (sue you) without losing on a technicality. Keep any reference to this you have.

[neorig]

1 Date of the infringement 29th October 2017

2 Date on the NTK - They say they sent it but the first thing I received from them was a final reminder dated 8th December 2017

 

3 Date received - Final reminder 8th December 2017

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [n] Never received it

5 Is there any photographic evidence of the event? I haven’t been shown any

 

6 Have you appealed? {y]

Have you had a response? [Y] post it up

 

7 Who is the parking company? Civil Enforcement LTD

 

8. Where exactly - The Angel Pub, Beverley, Easy Yorkshire

 

 

I have appealed to the BPA.

 

I have included all attachments i will think will be useful

Please note on them say Keith Nicholls and that isn't my name

 

Thank you for all the comments so far

Civil Enforcement LTD issues.zip

[dx100uk]

had to unapproved your upload

you have not redacted any documents at all.

 

please carefully read upload

then pop them back up as ONE multipage PDF only please

[neorig]

Hello everyone

 

I have managed to get everything in PDF now (one file) and blanked out my details

if you need anything else please let me know as this is driving me crazy

 

Thank you in advance for any help

 

Cheers

Parking Ticket issue (24-05-18) R1.pdf

[DragonFly1967]

neorig.

 

I've redacted that document properly for you (marked in red). It's important to also remove reference numbers, bar & QR codes, PCN numbers etc, as well as your name.

[ericsbrother]

as you have appealed already the lack of a proper notification doesnt damn them as much as it could.

 

knowing what exactly the letter says may well do fro them as they cant be bothered to use the correct terminology to create a debt anyway but dont care, they still carry on like they are right because most people dont know any different. they aLso abuse the court process something rotten but more of that later if need be

 

I note thay ahve added unicorn food tax to the sum, this is nly legal if they ahve acontract with the driver and they note that they dont.

 

They also threated all sort of things like bailiff visits. Again, this breaches the Civil Procedure Rules and bailiffs wont be an option for them anyway as the bill is under £600 ( they will try and ramp up costs illegally though to get past that problem).

 

ZZPS' letter is more horse **** and thay are adding their unicorn food tax as well. Do you remember signing a credit agreement with ZZPS? NO? well then you cant owe them a bean.

 

The BPA wont go against the interests of their members otherwise they are redundant and therefore it doesnt matter that CEL are dishonest ( not just my opinion, see Trading standards v CEL and the SRA decision on their solicitor) however none of what they say changes the law, ther is no contract and that is the end of it as far as their rights to demand monies go.

 

The signage does for them big time, it is prohibitive and not a genuine offer to park so any claim is unlwaful as an unfair contract term and that is covered by Dunlop v Selfridges and more recent consumer protection law.

[neorig]

Thank you everyone for getting back to me.

Thinking is the best direction to go is to email qdr solicitors who seems to be dealing with it quoting some of the advice on here.

 

Thank you once again

[ericsbrother]

No, you never email anyone ever.

 

If you feel you have to write at all then just tell them their client has failed to follow the necessary protocols of the POFA to create a condition where the debt becomes enforceable and that you are minded to take civil action against them for breach of the DPA regarding the accessing and processing of your personal data as per VCS v Philip.

Dont try and explain any greater detail than this, let them do the worrying about how much you know.

[neorig]

Ericsbrother thank you very much. You are a lifesaver and a legend