PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

 
Reply to this topicStart new topic
CEL ticket - POPLA failed
Speckled Hen
post Fri, 18 Jan 2019 - 20:45
Post #1


Member


Group: Members
Posts: 11
Joined: 12 Sep 2005
From: NW England
Member No.: 3,769



I received a PCN from CEL a few months ago, because my car had been parked without buying a ticket, supposedly.

The circumstances are:

The driver parked the car, rang the number on the signs, and passed all details as required.

A few days later I received the PCN, which of course I appealed, given the circumstances. This appeal failed.

I appealed to POPLA. During this appeal, the parking company supplied evidence, which actually showed that the car details and the payment card details had been recorded, but this transaction failed as the 'caller hung up', which is true of course, as they thought the transaction was finished.

The POPLA appeal failed too.

What further steps are available to me?
Go to the top of the page
 
+Quote Post
Advertisement
post Fri, 18 Jan 2019 - 20:45
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Glacier2
post Fri, 18 Jan 2019 - 21:04
Post #2


Member


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



Sit tight until you get CEL's letter before claim. Ignore all debt collectors until then.
Go to the top of the page
 
+Quote Post
Speckled Hen
post Fri, 18 Jan 2019 - 22:00
Post #3


Member


Group: Members
Posts: 11
Joined: 12 Sep 2005
From: NW England
Member No.: 3,769



So what do I do when CEL's letter before claim arrives?

Having read this and many other forums, it would seem that everything is based on Contract Law, but I have no idea if such laws cover the requirement for an ANPR and automated payment system to be 'fit for purpose'. My own non-legally based logic would suggest that a payment system operated by mobile phone should send some sort of failure message if the payment failed.
Go to the top of the page
 
+Quote Post
Redivi
post Fri, 18 Jan 2019 - 22:20
Post #4


Member


Group: Members
Posts: 4,126
Joined: 31 Jan 2018
Member No.: 96,238



Yes

CEL is seeking to take advantage from a failure of its own payment system
That's what you reply to the Letter of Claim

It will be ignored and CEL will send the account for a ride on the debt collector/solicitor merry-go-round to add charges that are quite frankly fiction
CEL won't issue a claim before this time

A defence that draws attention to the charges is almost certain to guarantee that CEL won't let a judge ask about its business practices
It will instead discontinue the claim or fail to respond to the defence so that the court stays the claim - puts it in limbo unless CEL pays to unstay it

This post has been edited by Redivi: Fri, 18 Jan 2019 - 22:27
Go to the top of the page
 
+Quote Post
SchoolRunMum
post Sun, 20 Jan 2019 - 01:14
Post #5


Member


Group: Members
Posts: 18,751
Joined: 20 Sep 2009
Member No.: 32,130



QUOTE (Speckled Hen @ Fri, 18 Jan 2019 - 22:00) *
So what do I do when CEL's letter before claim arrives?

Having read this and many other forums, it would seem that everything is based on Contract Law, but I have no idea if such laws cover the requirement for an ANPR and automated payment system to be 'fit for purpose'. My own non-legally based logic would suggest that a payment system operated by mobile phone should send some sort of failure message if the payment failed.


See the MSE NEWBIES thread post #2 about LBC and court stage.

CEL normally muck it up.

Plenty of defences on here and on MSE, and many are about failure of a phone app and that the driver made 'reasonable endeavours' to pay.

Search both forums for Jolley v Carmel defence as your keywords and you will be able to read what happened in shedloads of similar cases, and how to write a defence.
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: Friday, 29th March 2024 - 15:01
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