CEL Windscreen? PCN- Nth Manc Hosp - but never been there!

[phil1cam]

Hi all,

Just received (through the post) a letter from Civil Enforcement Ltd.

The letter states I was parked in a hospital car park at the beginning of June.

Apparently, I failed to display a valid ticket.

 

 

My issue is, on the day in question, I was in the works van approx. 200 miles from the hospital.

My car, which I use on the weekend was parked up, at home, 100 miles from the listed hospital.

 

 

There is no photos of my supposed car parked in the hospital car park.

 

 

The letter isn't even on headed paper, only found out the company name from the address on the back!!

 

 

Where do I stand with this? Can I appeal and ask for photographic evidence??

 

 

Thanks for any advice!!

[dx100uk]

Please complete this

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

 

And scan up what you have to one multipage pdf

Read upload

[lookinforinfo]

Well you could try appealing but you have to understand that you are not dealing with an honest company. They have spent money on issuing you with a ticket and once issued they don't like to give up until they have been paid, regardless of the situation.

 

Rather than appeal write something like

You have sent the keeper a demand for parking at a hospital car park on xx day xx month 2018 with not a single shred of evidence far less at least one photograph. At that time I,as keeper, was 200 miles away on a work detail which I can prove. The car itself was 100 miles away in the opposite direction and nowhere near the hospital.

 

This, as you probably don't know, is a gross breach of the GDPR and I am extremely annoyed that you have obtained my details from the DVLA without a legitimate reason. It was an unlawful act on your part as well as unfair and inaccurate so fails the basic tenets of the new DPA.

 

I have also composed a letter of complaint to the ICO who will no doubt want to investigate your procedures and controls to prevent a recurrence of such a failure in your systems. I will also be complaining to the DVLA and asking them that until the ICO complete their investigation that you are excluded from obtaining any data from the DVLA.

 

You will note that this is not an appeal but a complaint about your incompetence and an apology will be insufficient to prevent further complaints to other relevant authorities including Trading Standards, the hospital , my MP and the local press for a start. I understand that compensation of at least £500 is payable in Court when such breaches occur so the ball is now in your Court.

I trust that you would not want such a glaring mistake to be aired in Court making you a laughing stock within the parking company community and further blackening the reputation of your company.

[Ethel Street]

Complete the details asked for in post #2, but one question in the meantime.

 

You know who you live with and who could have had access to your cars keys.

 

No need to post the details up here, but are you absolutely certain that no-one else could have "borrowed" your car that day and driven it to the hospital without telling you?

 

If there is anyone else you allow to drive your car have you asked them?

[phil1cam]

Upload of letter.

Hope it has come out all right?

Tried to upload from a photo, as not at home at moment!

PCN.pdf

[DragonFly1967]

making you a laughing stock within the parking company community

 

It's CEL.... That ship sailed years ago

[lookinforinfo]

Ethel Street may be right.

 

Some one else could have used your car since the NTK has arrived more than 28 days after the alleged event.

 

This suggests that a charge notice was fixed to the car on that day which is why there is no need to show photographs now.charge

 

Of course it could be a cloned number and it could have been some one you know who went visiting a friend in the hospital.

Edited July 16, 2018 by dx100uk
Penalty changed to charge

[phil1cam]

The only other person in my house (there is 2 of us), struggles to drive down a dual carriageway, let alone down the M6 to Manchester to get a parking ticket at 8am in the morning!!

[phil1cam]

For a windscreen ticket (Notice To Driver) please answer the following questions....

 

1 The date of infringement? 7th June 2018

 

2 Have you yet appealed to the parking company yet? [Y/N?] No

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted.

 

has there been a response?

please post it up as well, suitably redacted.

 

If you haven't appealed yet - ,.........

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

what date is on it

Did the NTK provide photographic evidence? Received 'NTK' today, dated 13/07/18. No photographic evidence.

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] Yes

 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company? Civil Enforcement Ltd.

 

6. where exactly [Carpark name and town] did you park? I didn't, but letter says North Manchester Hospital. Checked on hospital website amd the Pnnie NHS trust subcontract parking to Civil Enforcement Ltd.

[Ethel Street]

The only other person in my house (there is 2 of us), struggles to drive down a dual carriageway, let alone down the M6 to Manchester to get a parking ticket at 8am in the morning!!

 

I get what you say, but have you asked the other person? If not you ought to, just in case they know anything about it

[ericsbrother]

Let us consider what the parking co has to do to make a claim against anyone using the POFA.

 

they haVE TO ISSUE A TICKET OR NOTICE TO DRIVER AT THE TIME AND THEn THEY MAY FOLLOW IT UP WITH A nOTICE TO DRIVER THAT MUST CONTAIN CERTAIN KEY INFORMATION AND BE WRITTEN IN A PRESCRIBED MANNER AND SENT THIS BETWEEN 29 AND 56 DAYS AFTER THE DATE OF THE EVENT..

 

they have failed to follow the protocols of the POFA.

Now, they can still create a contract without doing so but they are then breaking the law when they apply for your keeper details to chase you for the supposed debt

 

So, what to do? NOTHING.

you do not respond to this letter as it is meaningless in the eyes of the law.

 

If anyone did use your car then it doesnt matter as this letter and the previous actions or lack of them cannot create a condition where money is due from anyone.n

 

The plus side is that whoever did get a ticket doesnt owe anything either but they will never know as CEL have screwed up there as well.

 

You may well get threats from dca's that the bill will rise to stupid amounts but they are just designed to frighten you into paying up rather than a lawful claim.

 

Ignorance is their currency so dont fall for their lies.

should they decide to take the matter further they will be losing money as the onus is on them to show they have followed to protocols of the law and that is a non starter for this bunch of crooks, even without the added incompetence.

 

As you can determine from their letter, they are too lazy to even pretend to try and get things right.

Edited July 17, 2018 by dx100uk
Spacing

[lookinforinfo]

Let us consider what the parking co has to do to make a claim against anyone using the POFA.

 

they haVE TO ISSUE A TICKET OR NOTICE TO DRIVER AT THE TIME AND THEn THEY MAY FOLLOW IT UP WITH A nOTICE TO DRIVER THAT MUST CONTAIN CERTAIN KEY INFORMATION AND BE WRITTEN IN A PRESCRIBED MANNER AND SENT THIS BETWEEN 29 AND 56 DAYS AFTER THE DATE OF THE EVENT...

 

Just for clarification to Phil1cam [and perhaps a few others-and that would obviously include CEL if they are looking] this is what EB intended to write before the gremlins became involved-

 

they haVE TO ISSUE A TICKET OR NOTICE TO DRIVER AT THE TIME AND THEn THEY MAY FOLLOW IT UP WITH A NOTICE TO KEEPER THAT MUST CONTAIN CERTAIN KEY INFORMATION AND BE WRITTEN IN A PRESCRIBED MANNER AND SENT THIS BETWEEN 29 AND 56 DAYS AFTER THE DATE OF THE EVENT...

 

As the NTK did not contain the correct wording to comply with POFA you are off the hook. So do NOT reply to CEL at all .

[phil1cam]

Thank you, Lookinforinfo and Ericsbrother.

Great advice, which I intend to follow!!

 

 

Ethel Street, for info, the other driver was at work at the of offence, some 100 miles from North Manchester Hospital!!