Civil Enforcement Ltd PCN re overstay

[Katetee80]

Hi, first post for a few years on here under a new user name so how I'm doing this right!

 

Husband received a PCN from CE Ltd. He met a friend for KFC, they got chatting, lots to catch up on and he overstayed by 18 mins.

 

He won't have paid any attention to any signage but he was genuinely a customer. Does he have any grounds to contest this as he was actually using the carpark as a customer or do we need to suck it up :/

 

Thanks in advance

[FTMDave]

The experts will be on in the morning, and once they get their teeth into it I'm damn sure he will NOT have to pay!

 

As a first idea, is the car park just for KFC or is it part of a larger complex? Has he kept receipts and/or did he pay by card? 'Cos if it's just a KFC car park then his first step could be to get on to KFC and get them to cancel. It's only 18 minutes and presumably staying longer involved spending more money, something KFC should want!

 

That's just one way, the experts will ask for more details tomorrow and then shoot down CE's nonsense.

[Katetee80]

Thanks so much. Yes, I figured Sunday night isn't the busiest round here!

It's shared by KFC, Burger King and a Costa.

He paid by card. I've already said he needs to boycott the place if he can't get this waived. It surely can't be good for business. I appreciate it's to deter people parking there and walking in to town but I think if you're a paying customer it just isn't good business, in my book... :/

Thanks for replying

[FTMDave]

OK, well that's a good start, he can prove he was a genuine customer. The regulars on this site have dealt with hundreds of these claims, and will know whether to get on to the local manager or the area manager or the CEO of KFC … see in the morning.

 

Demanding that KFC cancel is just ONE avenue however. Don't worry! The experts will ask you to post details of the PCN and then pick holes in it. The vast majority of the PPCs can't be bothered to follow the law. Their "business model" (if you can call it that) is just based on threatening motorists because most people sadly pay up.

[Katetee80]

From browsing on here it seemed like CE seem quite hot on praying unpaid PCN's through the civil court and I know husband will not want to go through that at all. He's a lover not a fighter, bless him!

Thanks again. Will check back tomorrow and see what the pro's have to say about it all

[dx100uk]

please complete this

so we have all the correct info to help you

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(3-Viewing)-nbsp

 

and scan up the NTK if that's what you have from them

both side to ONE multipage pdf

read UPLOAD

[ericsbrother]

DATES and TIMES please.

 

what was the date of the event. Indicate times as well

 

What is the date of issue on the NTK letter and when was it actually received.

 

after that we might be asking to see the signage at the site so tell us where exactly it was.

 

In the meanwhile do ask KFC to get this cancelled as a genuine customer and point out that CEL are dishonest and they should be cautious as to who they employ s this lot will just give them grief as people complain about their treatment by them on social media and it will all come back to their door.

 

Try the actual outlet first and then KFC headoffice as they are all franchises and it may be that the landowner is the next point of contact

[Katetee80]

For PCN's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement 19/11/2018 19:49:15-21:37:35

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 23/11/2018

 

3 Date received 26/11/2018

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Y

 

5 Is there any photographic evidence of the event? None supplied

 

6 Have you appealed? {y/n?] post up your appeal] N

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

 

7 Who is the parking company? Civil Enforcement ltd

 

8. Where exactly [carpark name and town] KFC, Harlaxton Road, Grantham, ng31 7sa

 

For either option, does it say which appeals body they operate under. No

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

No other correspondence entered in to at this point

 

I am in town tomorrow daytime so am going to head over and have a look myself at signage etc.

 

Thanks

[ericsbrother]

Ok, whatever you do dont ever say who was driving at the time and dotn appeal to CEL until you have exhausted the other routes (ie KFC nad landowner). You are probably best not appealing to CEL anyway so dont worry about timescales.

 

gte some nice pictures of the entrance to the car aprk from the public highway (if car park inside a retail park then pictures of entrance to car park and of the entrance to the land from the road) Pictures of the signs and pictures of any payment meters etc so we are able to read all of the small print. Give an approximate size of the signs

Edited December 3, 2018 by honeybee13
Paras

[Katetee80]

Ok, got all that. Thank you

 

I will head in tomorrow and report back with pictures. I will also head in to KFC and approach the manager to see what they can do, if anything. Many thanks.

[dx100uk]

Was this a windscreen ticket?

[Katetee80]

No, post...

[ericsbrother]

I dont think CEL have any walking attendants any more, there are limits to how far people will sink to earn money so they just cant get the staff

[Katetee80]

So here's a pic of the signs placed around the carpark clearly stating the terms :/

 

I couldn't get a picture from the road as I was rushing to get to school but here's the street view from Google. The signpost to the left holds the second sign pictured with the post.

 

I forgot to take the ticket with me so have sent hubby off with it today to try and go and speak to the manager as I am tied up most of the day with appointments with our eldest son as I'm his full time carer.

 

Thanks for any further advice.

pix.pdf

[Katetee80]

Really? Thanks so much. I was thinking if the husband doesn't have any joy with the manager we may just have to suck it up and pay it.

We're really close to the deadline, hubby's credit rating is really good and I know he won't want this to go against him.

It's just come at a stupidly busy time for me so I don't have the spare time to focus on this. He's currently half way through day one of three of exams he needs to pass for his job, in order to be able to operate :/

I really appreciate any help

[ericsbrother]

Pay up? Are you mad? they are crooks and nothing more. You need to read a few thread about them and also try and understand the law that surrounds parivate parking.

 

OK the signage is short and sweet, but isnt an offer of a contract.

 

The sign that refers to other non-existent terms has the wrong BPA logo on it and the one saying you pay £100 for breaching the terms doesnt indicate who the ATA is at all so neither fulfil the needs of the POFA and that should mean the DVLA have to refuse them access to the database but unforunately the DVLA doesn check anything and allows them free rein. An argument for later but at the moment you get on to KFC headquarters and popint out that CEL are abusing their position and that you hold the liable and will name them as co-respondents when you sue CEL for breach of the GDPR.

 

so get on to KFC pronto (forget local manager), you need the bosses to get on to their landlord with some reason to help you and being sued by you should focus their attention. Ignore CEL as the wording fo their NTK wont be POFA compliant but bear in mind they only make money by dishonesty and bullying so you must expect a long battle over this but you will ultimately win.

Edited December 5, 2018 by honeybee13
Paras

[dx100uk]

pictures done

thread tidied

 

you'll need to get down there and take netter photos

we need all the signs where you parking

signs viable from driving toward the carpark whilst on the public highway

and clear photos of the small print too.

oh and no good using google streetview either

they could be out of date.

 

dx