Reply back from sent template, for PCN invoice

[phil___]

Hi,

I parked at a car park in Westward Ho! a few weeks ago. I tried to use the app they suggested, I spent 30 mins trying to log in as I already had the app, but no luck. I tried resetting my password a few times, no emails or texts came through (nothing in junk either). I never have cash and always pay via whichever app the car park uses. So I gave up and luckily found 2 pounds in the car and used that.

A few weeks later got the PCN invoice from Civil Enforcement Ltd asking to pay within 14 days which then increases after this time.

I looked on this site, which is great and found this thread and decided the situation was similar so used the Challenge a Private Parking Charge letter and sent it off. Yesterday I received a very 'normal' envelope and nothing needing signing for either, from them saying the following:


- - - - - - - - - - - - - - - - - - -

Site Details: CAR PARK AT WESTWARD HO!, WESTBOURNE TERRACE, GOLF LINKS ROAD, DEVON, EX39 1LH

RESPONSE TO REPRESENTATION

We refer to your recent correspondence. Your appeal has been unsuccessful. This ticket was issued for exceeding the parking time paid for. Furthermore, signs in the above car park clearly advise payment for parking must be made within 10 minutes of arrival and on this occasion you failed to do so. Please find attached a copy of the signage erected throughout the car park advising drivers of the terms and conditions in place together with your photographic evidence as requested.

The charge that has been levied is clearly stated on the signage around the site. Furthermore, it falls within the British Parking Association’s recommended guidelines for car park enforcement.

We are a car park management company and we manage the above car park on behalf of our client. The document you have requested is business sensitive and subject to confidentiality provisions and therefore cannot be disclosed at this stage.

However, we are a member of the British Parking Association’s Approved Operator Scheme, which requires that we have landowner/controller authorisation in order to enforce and issue PCNs at the premises. The signage at the site confirms that we have the requisite authority to manage and enforce the terms and conditions of parking at the premises.

We regret that the Parking Charge remains valid as the ticket was correctly issued in accordance with the terms and conditions stated. You have now reached the end of our internal appeals procedure.

In view of your correspondence, even if you have received a reminder demanding payment at the higher rate, we have extended the time allowance for you to pay at the original reduced charge by a further fourteen days starting with the date printed at the top of this letter. To make a payment at this lower rate please visit www.ce-service.co.uk, call 0115 822 5020 or send a cheque to the above address.

Registered Office as Above Registered in England & Wales I Company Registration Number 05645677

Next page

If you are not satisfied with our decision, you may appeal to the independent appeals service via www.popla.co.uk using verification code 1411831600 within 28 days from the date on this letter.

If your appeal to POPLA is rejected, you will lose the right to pay at the reduced rate. By law we are also required to inform you that Ombudsman Services (wwvv.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

If you have any comments with regards to the way we have handled this matter, please write to The Executive Office, Civil Enforcement Ltd, Horton House, Exchange Flags, Liverpool, L2 3PF.

Yours faithfully,
Representations Team

- - - - - - - - - - - - - - - - - - -


They did not include 'Please find attached a copy of the signage erected throughout the car park', only the two images of my vehicle coming and going with no time stamps, which were on the original letter, which they referred to as 'photographic evidence as requested'.

Is there anything else I can do to respond at this stage, please?

Thanks

[monkeynuts]

Have they answered all the questions? If not your letter isn’t answered.

[phil___]

Thanks @monkeynuts…
Are they required to answer them all? Can they not answer them and still continue to press with the ‘fine’? Sorry, where do I stand?

[phil___]

Hi,

So what happens next here, please?

Should they answer my questions?

Do I write to them telling them that they haven't answered my questions? Are they in the right, not answering my questions?

Sorry, I just don't know where to go from here now!

Thanks!

[monkeynuts]

https://bailiffhelpforum.co.uk/viewtopi ... 157#p82157

Same answer

[zeke]

If they don't respond then you don't need to take any further action.

Park it.

[phil___]

Here's a picture if my latest letter (I've had 3 since my last post)

Do not contact them unless they show an enforcement power or a Notice of Enforcement.

I take it this isn't an enforcement power or a Notice of Enforcement?

[zeke]

That is NOT a statutory notice of enforcement.

[phil___]

Thanks

[phil___]

Hi,

I've had the N1(SDT) claim form, other forms as part of the response pack (Admission Form N9a, Defence and Counterclaim Form N9B and Acknowledgment of service) through. Based on the below quote, taken from this thread: viewtopic.php?p=82157#p82157

If you get a claim form, a Form N1, then defend it on the grounds you have stated and that they ignored your response.

That makes it commercially unprofitable for the parking company to pursue and you can apply to get the claim struck out under CPR 3,4 for failure to engage with you in the pre-action protocols.

I've just put on the defence form, that they didn't provide the information I initially requested. Do we need to sign and date these?

[zeke]

If the form asks for a signature and a date, then yes.

[phil___]

Thanks. They also asked for a DOB - Weird, not giving them that.

[zeke]

Give a random date.

[phil___]

Must I do this too?

IMG_7068.jpg

[zeke]

That advice is not correct.

You must acknowledge the claim and either defend it, defend part of it, or defend all of it.

Put them to strict proof to everything they alleged against you.

This article explains more https://stopthebailiffs.uk/stop-private ... ckets.html

You also want to put them on strict proof that Civil Enforcements Ltd has locus standi to bring this claim. It appears to me the claimant is someone else, and they might not have a right to bring this claim on their behalf.

Ask to see the deed of assignment enabling them to bring this claim for the parking company or the landowner.

[phil___]

I did defend it, they sent back the N9B for which I filled out and ticked the box 'I dispute the full amount claimed as shown on the claim form'

I'm totally confused with all this, it's really out of my comfort zone and it's really getting to me. Feels easier to let them win. Can I just ignore this latest letter? Is it too late to send this template you mentioned (https://stopthebailiffs.uk/template-for ... otice.html), to them?

[zeke]

Our expertise is bailiffs.

I'm not trained in defending private parking tickets.

My colleagues have succeeded in defending them and shared their methodologies.

Without having seen the heads of claim stated on the original claim form, it's difficult for me to come up with a defence.

I am aware there is a parking ticket scam doing the rounds. A company called DRS Bailiffs pursuing people with a pretend 'Notice of Enforcement' like demand.

Its been reported to the police but they said the crime is a civil matter. Someone visited the company address, an accountant's office, and the trail led to an individual living in a council flat and claiming universal credit.

A bit like someone else we know. They ran an online parking ticket fixing scam and secretly claimed benefits. The scammer recruited unemployed disabled people to find customers on internet forums. But the scammer was living a extravagent double-life of self-indulgence in a vast west-country mansion! Justice prevailed. The scammer and their mansion were soon parted.

[bojo2112jon]

Good post!

[phil___]

Hi Zeke,

I'm not quite sure what you mean, can you let me know in layman's terms what I should do?

My defense was simply that they did not provide back what I originally requested.

I don't believe this is a scam.

Sorry to ask again... Can I just ignore this latest letter? Is it too late to send this template you mentioned (https://stopthebailiffs.uk/template-for ... otice.html), to them?

[zeke]

Send the letter making them prove their case.

See what happens.

[phil___]

Thanks. I guess it's too late now... Had this through this morning: https://www.bailiffhelpforum.co.uk/down ... ew&id=3680