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    • Hello dx100uk, After months of waiting for a response I finally got a reply and I must say it was the worst 4 months of my life the - fear of the unknown. So, they wrote back and said I was in the wrong BUT on this occasion they  would not take action but keep me on file for the next 12 months. It. was the biggest relief of my life a massive weight lifted -  I would like to thank you and the team for all your support
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    • Yup, for goodness sake she needs to stop paying right now, DCA's are powerless, as .  Is it showing on their credit file? Best to use Check my file. All of the above advice is excellent, definitely SAR the loan company as soon as possible.
    • Hi all, I am wandering if this is appealable. It has already been through a challenge on the Islington website and the it was rejected. Basically there was a suspended bay sign on a post on Gee st which was obscured by a Pizza van. The suspension was for 3 bays outside 47 Gee st. I parked outside/between 47 & 55 Gee st. I paid via the phone system using a sign a few meters away from my car. When I got back to the car there was a PCN stuck to the windscreen which I had to dry out before I could read it due to rain getting into the plastic sticky holder.  I then appealed using the Islington website which was then rejected the next day. I have attached a pdf of images that I took and also which the parking officer took. There are two spaces in front of the van, one of which had a generator on it the other was a disabled space. I would count those as 3 bays? In the first image circled in red is the parking sign I read. In the 2nd image is the suspension notice obscured by the van. I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks.   This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator.   Gee st pdf.pdf
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Civil Enforcement Ltd (again!)


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Montythemole,

 

You are taking them far too seriously, you do realise that you are dealing with a [problem], don't you?

If the lease company or the fleet manager are that worried let THEM pay, then the whole thing will go away.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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Thanks all.. I think i will ignore for now then.. See if anything else crops up.

 

Maybe i'll go brick up the car park instead...

I am very close to printing off and laminating some warnings to attach, particularly given the 24hr operation unlike everything else in MK.

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Thanks all.. I think i will ignore for now then.. See if anything else crops up.

 

By ignoring you can be sure that the you will be sent the regular set of letters over several months so you can take pleasure in the fact you are doing your bit for the postmen and women of Royal Mail.

 

Blagton.

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Hi

My husband has just had a letter from these nasty people saying that he had parked in a car park in our town on the 3rd of january when we was in our car in another town shopping . Another thing he has actually never even taken his car in the named car park. They spelt our name wrong and named the car park wrongly. But of cause had correct car details. How can they keep getting away with this ,is there noone that can put a stop to them. It seems like its been going on for years,it is so wrong. Should we report this to the police?

thanks

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,is there noone that can put a stop to them.

 

Ignoring them and passing the word around not to pay is the best way to put them out of business.

 

It seems like its been going on for years,it is so wrong. Should we report this to the police?

 

Cops will not be interested as it is a civil matter. They wont be interested in the threatening letters either.

 

thanks

regards

Please remember our troops, fighting and dying in our name. God protect them.

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Hi

My husband has just had a letter from these nasty people saying that he had parked in a car park in our town on the 3rd of january when we was in our car in another town shopping . Another thing he has actually never even taken his car in the named car park. They spelt our name wrong and named the car park wrongly. But of cause had correct car details. How can they keep getting away with this ,is there noone that can put a stop to them. It seems like its been going on for years,it is so wrong. Should we report this to the police?

thanks

Or......... you can send them this which is a copy (with my personal details removed). Worked for me as got a letter back saying "Cancelled". Besides it will bring to their attention how stupid they are:

 

 

Mr Gary Wayne

Civil Enforcement Ltd

Horton House

Exchange Flags

Liverpool

L2 3PF

 

Dear Mr Wayne,

 

I refer to your letter dated xx/xx/2010 bearing the reference PCN xxxxxxxxxx.

 

It seems to me that you got my details from DVLA and I confirm I am the keeper of the vehicle in question. Although I am the registered keeper of said vehicle I believe you need to take this matter up with the driver concerned.

 

Incidentally, (as I absolutely deny your claim that the amount claimed, or indeed any amount at all is due from me), I note that you have declared a “Parking Contravention Enforcement Notice” and issued a “PCN”. (A PCN can only be issued by a legal Authority such as The Police or Council Traffic Wardens and there are rules and regulations attached to make a PCN legal). Therefore, whilst reserving the right to report you to the relevant authorities, can you please advise as to why you are trying to impersonate either a police officer or a traffic warden? I believe you do know there are severe penalties for impersonating such an officer.

 

I now draw to your attention the following mistakes in your, alleged PCN:

List here the mistakes ( in your case wrong surname and wrongly named car park).

 

I take it you know that if this had been a PCN issued by a traffic warden, having such two big mistakes in it would be unenforceable in a Court of Law.

 

I now bring to your attention that, on your invoice you state, and I quote “Failure to pay the amount within 28 days of the issue date, will result in Civil Enforcement Ltd forwarding your account to a debt recovery agency and you will incur additional charges”.

 

 

You are to note that I do not in any form whatsoever (and especially considering that I severely dispute owing you any monies) give you any authority to pass on my details to any DCA (debt recovery agency). If you do so you will be in breach of the OFT Guidelines and breach of the Data Protection Act and I will report you to the appropriate departments and take whatever action I deem fit against your company. The OFT guidelines namely 2.8 (a) (b) (f), (i), and (k) apply. (Being 2.8 (a) and (b) have already been breached). Also in order to pass my information to any third party you need my explicit authority which I firmly deny giving you. Passing my data to a third party without the data subjects authority is in severe breach of the Data Protection Act 1998. Furthermore: "I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly."

 

In the meantime, should you continue to write to me and not the driver in question, you are requested to note the following:

 

I charge as follows:

Every letter read - £9

Every letter written - £14

 

Hence, should you decide to write to me please enclose a cheque, payable to my name, for the sum of £23 (to cover the “read charge” and the “reply charge”). Furthermore, writing to me, (and not the driver in question) cofirms you explicity agree to agree to the above charges and you have entered into a Contractual agreement with me to pay said charges. Failure to send any cheques to cover my costs will result in no reply whatsoever to any of your correspondence". (This being that I fail to see why I should have to pay for recorded letters, time spent reading/answering letters, driving to the post office costs, paper, ink, envelopes, electricity used etc. etc. and should not be entitled to recover costs especially considering I do not owe your company anything). Note: I am sure that you will agree that my charges are reasonable.

 

Finally, should you break the Law or any of the OFT guidelines (especially as mentioned above) then I reserve the right to take whatever legal action is available to me against your company.

 

Yours sincerely

 

 

 

XXXXXXXX (Name)

Attached: Photo of the name of the street considering you cannot get that simple information right in the first place.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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Montythemole,

 

You are taking them far too seriously, you do realise that you are dealing with a [problem], don't you?

If the lease company or the fleet manager are that worried let THEM pay, then the whole thing will go away.

regards

 

Yeah not sure they will, but they are getting arsey with me over it as it less hassle to them if I pay.

 

Will do a letter I think to keep them relaxed.

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Yeah not sure they will, but they are getting arsey with me over it as it less hassle to them if I pay.

 

Will do a letter I think to keep them relaxed.

You will just encourage them to increase the hassle level.

The default advice on this site is NOT to engage them no matter how tempting.

I am sure there is a charity more worthy of your money than paying for a [problem].

Remember, only mugs pay.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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Just updating: It's been silent for a quarter of the year now :) Hope this helps all who were like me in the beginning :)

 

Latest update.... well... not much of one really: Still silent :)

 

To anyone who's still thinking of paying, just have a look at my past posts on here (and all the others as well :) ).

 

I took a bit of persuading at first but there's only one word of advice you'll need: Ignore

Edited by cabbagebike
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Except that Police and Traffic Wardens cannot issue PCNs and even CEO issued PCNs do not go to a court of law.

 

The letter is just as muddled in its facts as CEL.

I see your comment is more muddled then my letter. Polce and Traffic Wardens cannot issue PCNs?????? They what do they put in that lovely plastic wallet that they attach to your windscreen?

 

"Even CEO issued PCNs do not go to a court"? So a policeman and a traffic warden cannot issue a pcn but according to your statement a CEO can?

 

And how do the council enforce a PCN? They come knocking on your door asking for payment? Or do they apply to the court for an order and if that fails they apply to the court for a warrant of execution and then get court bailiffs to enforce.

 

Lastly remember that Gary Wayne aint the "brightest of shillings" either. :rolleyes:

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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If he was never there, then they will not have a photo or any other evidence to prove he was. Therefore how could they possibly prosecute you ?

 

 

 

Hi

My husband has just had a letter from these nasty people saying that he had parked in a car park in our town on the 3rd of january when we was in our car in another town shopping . Another thing he has actually never even taken his car in the named car park. They spelt our name wrong and named the car park wrongly. But of cause had correct car details. How can they keep getting away with this ,is there noone that can put a stop to them. It seems like its been going on for years,it is so wrong. Should we report this to the police?

thanks

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I have been ignoring them for a while after sending a letter from my company stating that they would have to take it up with the driver etc

My boss has lost his bottle and quite rightly, sent them a letter giving my details and address. Its fair enough that he does not want to risk getting the company embroiled in any kind of dispute.

I take it that even though they now have my details I should continue to sit tight and ignore them, its so tempting to pay the £75 and make it go away.

I suppose thats what they want !

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I take it that even though they now have my details I should continue to sit tight and ignore them, its so tempting to pay the £75 and make it go away.

I suppose thats what they want !

 

How about you tell them I was driving and send me the £75 ?

 

Would you do that ?

 

Blagton.

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How about you tell them I was driving and send me the £75 ?

 

Would you do that ?

 

Blagton.

I'll do it for £50, sorry Blagton but business is business.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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I see your comment is more muddled then my letter. Polce and Traffic Wardens cannot issue PCNs?????? They what do they put in that lovely plastic wallet that they attach to your windscreen?
FPN or ECN, both enforced by Magistrates' Courts as criminal matters. These are now only used where de-criminalised parking enforcement is NOT in place

 

"Even CEO issued PCNs do not go to a court"? So a policeman and a traffic warden cannot issue a pcn but according to your statement a CEO can?
Absolutely correct

 

And how do the council enforce a PCN? They come knocking on your door asking for payment? Or do they apply to the court for an order and if that fails they apply to the court for a warrant of execution and then get court bailiffs to enforce
. They apply to the TEC at Northampton. This is co-located with the County Court, but is not in itself a court

 

If you are going to quote law at PPCs, it helps if you are correct in matters of fact.

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If you are going to quote law at PPCs, it helps if you are correct in matters of fact.

I humbly bow considering my mistakes but I think I am a bit "brighter then Mr Wayne" :D:D:D

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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hi,

I too have parked by the hub and received one of the letters. When I parked there the signage was totally different to what it is now, infact there was no signage, as I searched for it! I wrote a letter in response and received my second threatening letter of legal action. This site has been more than helpful and I will now sit tight.

I intend to call the council and trading standards as its disgusting.

Anyone had any responses from anywhere?

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I did ring them initially as they've put me parking in Silbury when infact I was parked in Avebury, parked there before and displayed a scratch card. I have rung the Council as I think they should be responsible because there map on the Internet still shows it as Council, they hold no responsibility. I won't be ringing the car people again but have just received my second bill, will be returning to the company "not known at this address", I still own the house but don't live there so technically I'm not lying

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Anyone had any responses from anywhere?

Yes. A friend of a friend of my nephew (who is the playboy of his headmasters wife at college) who heard it from his mother........

 

Apparently the pigeon that was to deliver my response got lost. Seems the GPS it was wearing gave wrong directions.

 

Ignore them. Alternatively, send Gary Wayne a letter:

 

Dear Gary

 

Seeing how you are so desperate here is a pair of underwear I was going to throw out. Sending this with love so you can remember me.

 

Now get lost. If you want money then go and work for it like us decent people do and not try to [problem] it off people.

 

Loveingly yours

 

Happy Nurse

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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I was parked in Avebury, parked there before and displayed a scratch card.

What type of scratch card was it? Scratch Cards | Play Online £100 Free... :D:D

so technically I'm not lying

You have honestly made my day. A female that uses the words "Technically I'm not lying". When has that ever bothered a female? Thought they had removed cooking from school lessons and it was in the curriculum at school on how to lie professionally and convincingly. :D:D:D

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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