CEL ANPR PCN - Huddersfield Halls of Residence. Snow Island, Kings Mill Lane , Huddersfield, HD1 3AU

[Chimichanga]

Hello again, It's been a while. This is for a friend in need.

 

I have battled Gladstone's before so I'm better equipped now than I was before, but I'm still no expert and wondered if you could advise please.

 

1 Date of the infringement

31-07-19

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

02-07-19

3 Date received

06-07-19

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

Yes

5 Is there any photographic evidence of the event?

Yes ANPR

6 Have you appealed? [Y/N?] post up your appeal]

No but about to draft one

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

7 Who is the parking company?

Civil Enforcement Ltd

8. Where exactly [carpark name and town]

Snow Island, Kings Mill Lane , Huddersfield, HD1 3AU

 

For either option, does it say which appeals body they operate under.

No but it mentions POPLA so I'm assuming BPA.

 

Am I right in thinking the appeal letter should read along the lines:

1. Doesn't meet POFA - not clear if the are pursuing the driver or the keeper, cannot assume keeper is driver. PCN does not mention the keeper of the vehicle anywhere.

2. Show evidence they have the right to issue PCN - agreement/contract from landowner.

3. Permit holders only - can only claim trespass, no contract entered into as no offer made

 

I haven't seen the signs yet, I'm going today to take a look/pic with said 'friend'. It's the grounds for Huddersfield Halls of Residence.

 

Have uploaded front of PCN the rest of the details are on the back but I can't upload as file too big and I havent quite figured out how to resize.......will keep trying! 

Thanks in advance!

 

Edited August 10, 2019 by Chimichanga

[dx100uk]

pointless appealing

 

dx

 

[Chimichanga]

I thought appealing when they were members of the BPA was an attempt worth making? If no good to the parking company itself then to POPLA afterwards for an independent review?

[Mrs O'Frog]

Your dates are out on your first post. Should 2 & 3 be August?

[brassnecked]

Appealing is a waste of time, they will refuse it, plus there ism danger of identifying the driver, not a good idea at the moment.

[Chimichanga]

4 hours ago, Mrs O'Frog said:

Your dates are out on your first post. Should 2 & 3 be August?

Yes apologies 08 not 07. 

[Chimichanga]

3 hours ago, brassnecked said:

Appealing is a waste of time, they will refuse it, plus there ism danger of identifying the driver, not a good idea at the moment.

They likely will refuse. But think there may be a shot with POPLA. Worth a try at least? I have a few legitimate arguments to put forward. 

 

Driver not identified in drafted appeal letter. I’ve learned enough from all of you on this site not to make that mistake . If it wasn’t for the help here Gladstone’s may have got the better of me the last time. 

[dx100uk]

no not CEL and you'll be playing your cards too early

 

[Chimichanga]

It’s not my PCN unfortunately I’m not decision maker only advisor. But will make your advice known and leave it to them to decide. 

 

Thank you for your help as always. 

[ericsbrother]

you have to remember that the terms of reference that ombudsmanservices Ltd work to when running POPLA are very limited indeed.

 

They cannot and will not take into account the difference between a contract and trespass and  if you want to pursue the forat point you had better read ther Code of Practice that all BPA members have to abide by and use that to build your argument rather than just the POFA aspect as that doesnt mean there is no liability, just that they can only pursue the driver and CEL will claim that the balance of probability is in their favour