Civil Enforcement PCN, How do I appeal this? |
Civil Enforcement PCN, How do I appeal this? |
Thu, 3 May 2018 - 16:41
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#1
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Member Group: Members Posts: 257 Joined: 16 Jan 2009 Member No.: 25,502 |
Hi guys... never had to do this before.
My the driver & friend booked a night in a hotel (booked in friends name) & parked on the free for patrons car park. For some reason the hotel didn't log the vehicle reg onto the system to authorise parking. 15 days later the PCN arrived, my daughter called the hotel to ask what was going on & they basically washed their hands of it, saying there was nothing they could do & that it was between daughter & parking co. I understand it's better not to reveal the driver so how would I word an appeal? All help greatly appreciated. This post has been edited by Melchett: Thu, 3 May 2018 - 16:56 |
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Thu, 3 May 2018 - 16:41
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Thu, 3 May 2018 - 16:50
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#2
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
Start with a One-star review on Tripadvisor
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Thu, 3 May 2018 - 16:52
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#3
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Check those dates carefully. The Notice to keeper has to arrive within 14 days of the event. You said it arrived on day 15 so they cannot claim against the keeper and they do not know the identity of the driver so they are going nowhere.
Edit you first post so that the identity of the driver cannot be inferred. Use "the driver......" etc. Post up the PCN received, with identifying details removed. Leave the dates. They have to comply with POFA to hold the keeper liable. Here's POFA. Section 9 is relevant when there is no windscreen ticket. Which hotel chain was this? Complain to head office or mention on facebook and they won't cancel. Should get a response. |
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Thu, 3 May 2018 - 17:09
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#4
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Member Group: Members Posts: 257 Joined: 16 Jan 2009 Member No.: 25,502 |
I'll get the PCN off her shortly...
Dates... Incident date 12/04/18 PCN Issue 23/04/18 Arrived 27/04/18 I don't know if the hotel is part of a chain, as far as I can tell it isn't. This post has been edited by Melchett: Thu, 3 May 2018 - 17:21 |
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Thu, 3 May 2018 - 19:14
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#5
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Member Group: Members Posts: 257 Joined: 16 Jan 2009 Member No.: 25,502 |
Hope you can read it.... |
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Thu, 3 May 2018 - 19:21
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#6
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
Standard CEL rubbish.
The keeper will probably find CEL fold, when they see the template appeal from the NEWBIES FAQS thread on MSE: https://forums.moneysavingexpert.com/forumdisplay.php?f=163 CEL are very easy to beat at POPLA if they decide not to cancel straight away, as they usually do. It's not about what the template says, it's the message it sends to say that the appellant is on MSE and will win at POPLA. You don't need to pore over whether the PCN complies with the POFA. Nor do you need to add anything to the template, honestly. This is one of the easiest PCNs to deal with and anyone can do it as long as the driver is not implied, and using a template stops that. |
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Fri, 4 May 2018 - 13:15
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#7
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Member Group: Members Posts: 257 Joined: 16 Jan 2009 Member No.: 25,502 |
Thanks for the MSE info, I'm going to call the hotel first & give them some grief... surely if they employ CEL they have discretion when it comes to cancelling PCNs
If that fails I'll send the template email. |
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Fri, 4 May 2018 - 15:01
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#8
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Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
QUOTE surely if they employ CEL they have discretion when it comes to cancelling PCNs Correct, the Hotel as the landowner or leasee is the principle, somebody in HQ wants to get a new job sharply if they have been signing contracts with CEL which removes the Hotels right to cancel. As it is they are liable anyway as they did not perform their part of the procedure properly and notify CEL the reg was of a customers. A Tripadvisor one star factual review will get their attention. |
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Sat, 5 May 2018 - 12:46
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#9
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Member Group: Members Posts: 257 Joined: 16 Jan 2009 Member No.: 25,502 |
Well the phone call to the hotel went well, not! I spoke to the manager who wasn't interested in the slightest & said nothing I can do, I had to follow the procedure on the PCN.
So it's follow SchoolRunMums advice now. This post has been edited by Melchett: Sat, 5 May 2018 - 12:47 |
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Sat, 5 May 2018 - 12:48
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#10
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Tripadvisor 1 star sometimes gives good results, as does an email to head office if it is a chain.
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Mon, 21 May 2018 - 19:17
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#11
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Member Group: Members Posts: 257 Joined: 16 Jan 2009 Member No.: 25,502 |
Just to update this, I sent the template suggested by SRM &....
Thanks to all! |
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Mon, 21 May 2018 - 21:55
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#12
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
Easy when you know how!
Do send a SAR* to CEL after 25th May, for all data held and all letters sent ad say you want to know when your data will be deleted. *Google it and search this forum for examples |
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Tue, 22 May 2018 - 22:59
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#13
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Member Group: Members Posts: 2,356 Joined: 30 Jun 2008 From: Landan Member No.: 20,731 |
And don't forget the 1-star review. Sounds like they deserve it!
--Churchmouse |
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