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PCN Notice for an 'authorised vehicles only' carpark CEL LTD
harrypm82
post Sun, 27 Oct 2019 - 17:41
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Hi Everyone

The driver of the vehicle needed to meet with someone who's just had an argument with a partner. They agreed to meet in a carpark as the flat was there and the person was walking down. There was confusion as the postcode took the driver to an unknown carpark. The driver let the person in the car, where they had a discussion of the situation and then that person left the vehicle with some advice on how to handle the situation.

The driver never left the vehicle and the vehicle was there for a total of 18 minutes.

The charge states £60 within 14 days or £100 thereafter. The fined was issued via post and ANPR/CCTV cameras.

Is there a way to avoid paying this?

Any help appreciated. Not sure if I should mention the company that sent the fine but they seem to be well known in the private sector.

Company is Civil enforcement LTD

This post has been edited by harrypm82: Mon, 28 Oct 2019 - 03:36
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post Sun, 27 Oct 2019 - 17:41
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Gary Bloke
post Wed, 30 Oct 2019 - 15:42
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"there was no possibility of obtaining a permit at the time of the alleged incident."

This post has been edited by Gary Bloke: Wed, 30 Oct 2019 - 16:15
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harrypm82
post Wed, 30 Oct 2019 - 19:35
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QUOTE (Gary Bloke @ Wed, 30 Oct 2019 - 15:42) *
"there was no possibility of obtaining a permit at the time of the alleged incident."


Thanks i'll rewritew that now. And without saying I'm doing recorded delivery yeah?
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harrypm82
post Wed, 30 Oct 2019 - 19:46
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30 October 2019
PCN: 533468****



To whom it may concern



As the registered keeper of the vehicle in question, CW03NND, I would like to get the PCN notice cancelled.




The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

I would also like to bring forward, 'Frustration of contract', due to it being impossible to get a permit at the time of the alleged offence.

I am asking for no future communication and for all charges to be dropped.



Harry Moore


Better?
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Gary Bloke
post Wed, 30 Oct 2019 - 21:00
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Alleged incident not alleged offence.
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Dave65
post Wed, 30 Oct 2019 - 22:29
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Not recorded delivery they may refuse i

Send by 1st class post with free certificate of posting at the post office.
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harrypm82
post Thu, 31 Oct 2019 - 02:39
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QUOTE (Gary Bloke @ Wed, 30 Oct 2019 - 21:00) *
Alleged incident not alleged offence.

Thank you

QUOTE (Dave65 @ Wed, 30 Oct 2019 - 22:29) *
Not recorded delivery they may refuse i

Send by 1st class post with free certificate of posting at the post office.

Thank you
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harrypm82
post Wed, 20 Nov 2019 - 16:38
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Successfully Cancelled. Thanks everyone for their contributions.
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