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Civil Enforcement ... Help please

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  • Civil Enforcement ... Help please

    Hi All
    I am hoping that you maybe able to offer me some assistance. The situation is as follows:

    I overstayed by 40 minutes in a car park (used this car park for many years and no idea it was privately managed with 1 hour only free parking!)
    Received PCN for £75 if paid within 14 days £90 thereafter.
    I didn't respond
    Received another letter stating it had been 30 days since they sent the PCN, they required £90 within 14 days. They advised that independent appeals service (POPLA) was no longer available. They then went on to state that if I wished to appeal and/or raise any concerns with them please contact within 14 days.
    I responded within 14 days and advised that their signage was not clear (situated on left hand side of the entrance that is on a one way street ... no way of seeing it unless you exit the car park turning left on foot!) No signage near where I parked so I could not have seen anything.
    Reply received saying it was now too late to make an appeal/representation. They now required £90 within 14 days.

    I am writing again with photo evidence of signage and to state that their letter stating if I wished to appeal or raise concerns was an invitation to do so, so why are they are replying with 'it's too late'.

    Can anybody else offer anything I may have missed .... should I just pay or keep fighting. I genuinely had no idea of the 1 hour limit!

    Thank you all in advance
    Tags: None

  • #2
    Re: Civil Enforcement ... Help please

    Keep all info and await a potential letter before claim or court forms.

    In the meantime complain to the landowner if possible.

    Or pay (i wouldn't do that)

    M1

    Comment


    • #3
      Re: Civil Enforcement ... Help please

      Hi M1
      Thank you for your quick reply.
      I am in communication with the landowner and am waiting for a reply from them.
      So do you think I shouldn't give CEL the photo evidence at the moment, wait and see if it goes to court? I didn't know whether it would be better to make sure I reply before the 14 days .... or write with just the question about their invitation to appeal then refusing it but not give the additional photos etc?
      Thank you again, your help is much appreciated.
      SOMO4

      Comment


      • #4
        Re: Civil Enforcement ... Help please

        It won't matter either way. They will not give up but ultimately if you get a claim and defend well they won't turn up unless the landscape has changed dramatically following Parking Eye v Beavis in the court of appeal.

        As long as you have the time and are not racking up postage costs etc then it's not going to harm you much.

        M1

        Comment

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