Civil Enforcement PCN in POPLA Appeal process, I need help & advice on Civil Enforcement PCN in POPLA Appeal proc |
Civil Enforcement PCN in POPLA Appeal process, I need help & advice on Civil Enforcement PCN in POPLA Appeal proc |
Wed, 19 Jun 2019 - 19:20
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#1
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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 File(s)
POPLA_Appeal.txt ( 1013bytes )
Number of downloads: 26
Intended_response_to_Civil_Enfor_evidence.txt ( 1.96K ) Number of downloads: 24 Appeal_to_Civil_Enf.txt ( 1.03K ) Number of downloads: 27 Civil_Enf_Response_to_POPLA.txt ( 7.01K ) Number of downloads: 26 |
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Wed, 19 Jun 2019 - 19:20
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Wed, 19 Jun 2019 - 19:46
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#2
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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.
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Wed, 19 Jun 2019 - 19:56
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#3
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Member Group: Members Posts: 56,200 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 |
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Wed, 19 Jun 2019 - 20:02
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#4
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
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. |
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Thu, 20 Jun 2019 - 06:48
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#5
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New Member Group: Members Posts: 9 Joined: 19 Jun 2019 Member No.: 104,369 |
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. |
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Thu, 20 Jun 2019 - 08:02
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#6
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New Member Group: Members Posts: 9 Joined: 19 Jun 2019 Member No.: 104,369 |
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? |
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Thu, 20 Jun 2019 - 12:06
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#7
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New Member Group: Members Posts: 9 Joined: 19 Jun 2019 Member No.: 104,369 |
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