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Popla Appeal Rejected, Civil Enforcement Ltd -
Dale12
post Thu, 4 Aug 2016 - 19:13
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Hi,

Please can someone suggest what I can Do?

I received a fine from Civil Enforcement, for parking in Sport Space Hemel Hempstead, I used the car park first ever occasion to play squash with my friend who is member at the
club. I was not aware you have to input your car registration details into a terminal and neither was my friend.
My friend is a non-driver and was not familiar with the parking conditions on this site. I appealed against the decision and even provided Civil Enforcement Ltd our booking time
for the squash court and my friend's membership number. They rejected the matter sending me a letter to follow a process through POPLA, which I followed. I also contacted
the gym Sport Space who sent an email to Civil Enforcement to rescind the fine. I then learnt from Sport Space they were unable to rescind the fine, because I have appealed with
POPLA - this suggestion was made to me following a letter I received from Civil Enforcement Ltd. I have now just received a decision from POPLA who have rejected my appeal.

I even wrote an email to Mike Penning (Hemel Hempstead MP) who wrote back to me that he has sent a letter to Sport Space. I find the whole process completely unjust, Civil
Enforcement have mis-informed me and should rescind the fine, but instead encourage you to follow a process to suit their own needs.

What Else can I Do?
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post Thu, 4 Aug 2016 - 19:13
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cabbyman
post Thu, 4 Aug 2016 - 19:27
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Sport Space can instruct CEL to cancel the charge right up until court proceedings are issued.

It's a shame you didn't come here in the beginning because CEL are easy to beat when it's done in the right way. But, we are where we are.

You do not have to comply with the POPLA decision. It's likely that, in a couple of months, you will receive either a letter before action or court papers signed by Michael Schwartz on behalf of CEL. When you do, come back here for advice.

In case you haven't seen it yet, CEL only want your money. There business model relies upon people like you getting it wrong.


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Cabbyman 11 PPCs 0
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Dale12
post Thu, 4 Aug 2016 - 20:01
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Thank You for your reply.

Are you suggesting I go back to Sport Space to rescind the fine, even if POPLA have rejected it?

My concern is will this affect my credit file?
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cabbyman
post Thu, 4 Aug 2016 - 20:08
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Your credit file can only be affected if 1) they take you to court, 2) you lose, 3) you don't pay in accordance with the court order.

Sport Space, presumably, are the principal and CEL must take their instructions. Get it in writing that Sport Space have issued such an instruction and you are then bullet proof.


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Dale12
post Thu, 4 Aug 2016 - 20:49
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This is what I received from Sport Space via email.

I have contacted The Civil Enforcement Company on your behalf to ask them to rescind your PCN but unfortunately they have confirmed that you have passed this onto
POPLA (parking on private land) once this has been forwarded to POPLA we are unable to intervene as their decision is final.
So on this occasion we are unable to help you any further.

This is what I'm trying say CEL have mis-informed me by pursuing the appeal process through POPLA, surely they can rescind the fine following orders from their client Sport Space.
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ostell
post Thu, 4 Aug 2016 - 20:53
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As CEL is their agent they can ask their agent to withdraw at any time, even if the matter has been taken to court. That rule is only one made up by CEL so that the don't have to cancel. You may care to point out to then that CEL have lied and it fact it was CEL that have passed it on to POPLA.
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Dale12
post Thu, 4 Aug 2016 - 21:01
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Thank You for your reply!

I will contact Sport Space tomorrow asking to rescind the fine with CEL and provide me with a copy of their instructions to their agent.

Thanks
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nosferatu1001
post Fri, 5 Aug 2016 - 06:50
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NOT A FINE smile.gif

just an invoice

Tell Sport Space that CEL have misled them, and as they are the principal to the contract they have the right to intervene in their agents actions INCLUDING in court. The POPLA decision is only binding on CEL and not you, Sport Spaces customer. I presume they want you to STAY a customer!
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Dale12
post Fri, 5 Aug 2016 - 12:09
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Hi,

I spoke to Sport Space they're unable to do anything as the appeal went to Popla, they said they tried however it seems they have been brain washed by Civil Enforcement.

What Next?
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nosferatu1001
post Fri, 5 Aug 2016 - 12:16
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Write a letter /email to them. Stop phoning

State you are aware they are the Principal in the contract between S.S. and CEL

State you are aware that, legally, the principal to a contract may intervene in their agents actions at any point, including when proceedings in court have started

As this has only gone through ADR that is only binding on CEL, you would appreciate written confirmation that you wish CEL to cancel. If their contract specifically prohibits them from making this request, you request confirmation of this. There is no other circumstance where they are prevented from cancelling this as their Agent must act on the principals instructions

This post has been edited by nosferatu1001: Fri, 5 Aug 2016 - 12:17
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Churchmouse
post Sat, 6 Aug 2016 - 08:40
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Whoever has the contract with CEL is the principal. It could be the land owner, which may not be Sport Space.

--Churchmouse
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dale13
post Thu, 15 Mar 2018 - 13:16
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Hi All, I have now recived a letter from CE Ltd to make a pyament of £140 from their legal team following on from this thread, it also mentions Court baliffs, seizure of goods, apply for attachement earning thirdy party debt order.
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peterguk
post Thu, 15 Mar 2018 - 13:28
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QUOTE (dale13 @ Thu, 15 Mar 2018 - 13:16) *
it also mentions Court baliffs, seizure of goods, apply for attachement earning thirdy party debt order.


Bluff and bluster to scare you. See post no. 4.


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nosferatu1001
post Thu, 15 Mar 2018 - 15:03
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None of which applies until after a JUDGEMENT. Thats teh "J" in CCJ

You havent even had a claim yet, so why the panic?

Seriousl. Read around te topics befre asking questions - this is literally nothing we havent seen before.
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dale13
post Fri, 16 Mar 2018 - 15:22
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I received the whole communication from SportSpace today on this, incident was 30/05/2016 - Date of issue for PCN 24/06 (is this within guidelines?) the prinicipal have asked to rescind the fine, and also informed my local MP who was also involved, CE have replied only to the principal - this is correctly issued PCN, the driver has acknowledged he did not register the permit, and the appeal to us has been rejected, this is now with POPLA (setup at behest of the governement) and we're waiting the outcome. and that they will abide by the decision POPLA makes and suggested to reply back to the MP with this communication. The letter i have recieved from CE - do I need to reply back to them? as they claim they have sent various communiation - from 2016 only of course
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ostell
post Fri, 16 Mar 2018 - 15:59
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Shame the identity of the driver was made known to CEL, or was it? The registered keeper has to receive the Notice to Keeper within 14 days for the keeper to be held liable if there was no windscreen ticket otherwise only the driver can be held liable.

Have you got a copy of the instruction from SportsSpace telling CEL to drop the charge?
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dale13
post Tue, 24 Apr 2018 - 09:59
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I've now received a letter from ZPSS who have of course increased the PCN charge - is this something I should ignore? What are my next steps?
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ostell
post Tue, 24 Apr 2018 - 10:09
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As asked before..... Have you got a copy of that instruction from SS to CEL ? Has the driver been identified? Yes or No?

No driver identified then point out that the Notice to keeper was received too late to hold the keeper liable,

Letter from the principal: point out that their pricipal has requested them to cancel.
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Redivi
post Tue, 24 Apr 2018 - 11:29
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This is an automated letter chain

Letters to ZZPS achieve nothing but move you along the chain a bit more quickly

I would ignore it

A point that I don't think has mentioned
CEL doesn't often have a contract with the land-owner
It's normally a sub-contractor to a "clean" parent or sister company

Might be worth asking Sport Space to confirm exactly who the contract is with
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dale13
post Tue, 24 Apr 2018 - 13:39
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Yes the driver has been identified - the correspondance I have received from Sportspace does show they've asked to have the PCN removed however CEL have instructed their client they are unable to do so because this is going through a POPLA process - I have also learned when the fine was issued the site is not actually owned by SportSpace infact the site belongs to Dacorum council. My question is when do I respond back with my defence ? and any other suggestions?
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