PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Civil Enforcement PCN in POPLA Appeal process, I need help & advice on Civil Enforcement PCN in POPLA Appeal proc
jyomlove
post Wed, 19 Jun 2019 - 19:20
Post #1


New Member


Group: Members
Posts: 9
Joined: 19 Jun 2019
Member No.: 104,369



Hi All,

I received a PCN from Civil Enforcement LTD at the gym car park I'm a member. We are required to enter VRM in a device at reception, which I always do. Story goes below:

On the day of PCN, I entered VRM but I got a PCN few days later.
I contacted Gym for proof of membership and usage list to confirm I was at the gym on the day/time of PCN, I appealed and sent these evidence to Civil Enforcement
Appeal got rejected and escalated to POPLA
I appealed to POPLA with same evidence
Now, Civil Enforcement have responded to appeal and provided their own evidence which includes Report of all the registered cars (who entered their VRM with Reception) at the car park within the time frame I visited, but my VRM isnt in the list and some other laws and case laws on signage, costs etc.

I am now at the stage of making comments on their evidence before the appeal can be assessed by POPLA, so seeking help & advice on this before proceeding.
I have attached Civil Enforcement response to POPLA, my initial appeal to Civil Enforcement, my appeal to POPLA and my intended comment to Civil Enforcement response.

Many thanks in advance
Attached thumbnail(s)
Attached Image
 

Attached File(s)
Attached File  POPLA_Appeal.txt ( 1013bytes ) Number of downloads: 26
Attached File  Intended_response_to_Civil_Enfor_evidence.txt ( 1.96K ) Number of downloads: 24
Attached File  Appeal_to_Civil_Enf.txt ( 1.03K ) Number of downloads: 27
Attached File  Civil_Enf_Response_to_POPLA.txt ( 7.01K ) Number of downloads: 26
 
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 6)
Advertisement
post Wed, 19 Jun 2019 - 19:20
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Glacier2
post Wed, 19 Jun 2019 - 19:46
Post #2


Member


Group: Members
Posts: 10,695
Joined: 23 Apr 2004
From: Not in the UK
Member No.: 1,131



You are very likely to lose at POPLA as you have not even challenged CEL's right to issue notices. They frequently fail to show authority which is a sure fire winner at POPLA.
Go to the top of the page
 
+Quote Post
The Rookie
post Wed, 19 Jun 2019 - 19:56
Post #3


Member


Group: Members
Posts: 56,198
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



In what way did showing you are a member show you complied with the terms of the contract?


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post
Jlc
post Wed, 19 Jun 2019 - 20:02
Post #4


Member


Group: Members
Posts: 41,506
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



QUOTE (jyomlove @ Wed, 19 Jun 2019 - 20:20) *
I contacted Gym for proof of membership and usage list to confirm I was at the gym on the day/time of PCN, I appealed and sent these evidence to Civil Enforcement
Appeal got rejected and escalated to POPLA

Would the gym not assist? You seemed to have assumed the PPC would be 'reasonable' - they only want your cash.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
jyomlove
post Thu, 20 Jun 2019 - 06:48
Post #5


New Member


Group: Members
Posts: 9
Joined: 19 Jun 2019
Member No.: 104,369



QUOTE (Jlc @ Wed, 19 Jun 2019 - 21:02) *
QUOTE (jyomlove @ Wed, 19 Jun 2019 - 20:20) *
I contacted Gym for proof of membership and usage list to confirm I was at the gym on the day/time of PCN, I appealed and sent these evidence to Civil Enforcement
Appeal got rejected and escalated to POPLA

Would the gym not assist? You seemed to have assumed the PPC would be 'reasonable' - they only want your cash.


I contacted them yesterday and all the manager did was to send me a list of my usage since January and told me to mention that "out of about 30 times at the gym, I entered my VRM and there had been no issue, but this one time". She said they should normally cancel it based on this.
And yes I agree, I made a mistake by assuming they would be reasonable since I was a member of they gym, the enforcement is there to protect the members anyway to ensure we always get a parking space.
Go to the top of the page
 
+Quote Post
jyomlove
post Thu, 20 Jun 2019 - 08:02
Post #6


New Member


Group: Members
Posts: 9
Joined: 19 Jun 2019
Member No.: 104,369



QUOTE (The Rookie @ Wed, 19 Jun 2019 - 20:56) *
In what way did showing you are a member show you complied with the terms of the contract?


I don't have any proof that I entered my VRM, the device is at reception, you enter your VRM and walk away, parking operator have done a report and my VRM isn't in the list. Hoe else can I prove I complied with the contract. It's hard to prove isn't it?
Go to the top of the page
 
+Quote Post
jyomlove
post Thu, 20 Jun 2019 - 12:06
Post #7


New Member


Group: Members
Posts: 9
Joined: 19 Jun 2019
Member No.: 104,369



QUOTE (The Rookie @ Wed, 19 Jun 2019 - 20:56) *
In what way did showing you are a member show you complied with the terms of the contract?


I don't think it does show I complied with the contract, because we are all required to enter at reception which I did
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 16:43
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here