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jth999
Hi
Apologies for probably posting what has been asked a thousand times, but as a "Silver Surfer" I am rather confused as to what the various conditions are for appeals.
I have received a parking fine notice from CEL (Civil Enforcement Ltd) for parking for 11 minutes in a pub car park. At the time of the offence I was away on holiday and could not have been driving the car, so I replied to CEL enclosing evidence (hotel bill, credit card receipts etc) to prove that I was not the driver.

I have since discovered that my car had been borrowed by my son (he has my permission, and is a named driver on my insurance) because his car was off the road. He had used the car park to pick up something from a nearby shop.
CEL has responded sending photographic evidence from their ANPR cameras which prove the car was mine. Neither the original notice nor the second letter invite me to name the driver of the car.
Incidentally, the pub concerned closed down several months ago, and the car park was completely empty at the time, which is why my son did not realise he needed to pay. I have also discovered that lots of people parked here since the pub closed, myself included, and never been "caught".

Unfortunately the second letter was received whilst I was away on another trip, and I have only just opened it, and it is now nearly 6 weeks from the original parking notice.

My question is, should I give CEL my son's details anyway, even though they haven't asked for them, ask him to write to them admitting he was driving, send in an appeal anyway, or ignore until they ask for driver details?

Your advice would be appreciated
Thanks.
Skiddaw
As the keeper is out of time for an appeal to the PPC you should name the driver appeal and get a POLA code. That will reset the clock and then you win at POPLA with a correctly worded appeal.
hoohoo
QUOTE (Skiddaw @ Sat, 3 Oct 2015 - 18:05) *
As the keeper is out of time for an appeal to the PPC you should name the driver appeal and get a POLA code. That will reset the clock and then you win at POPLA with a correctly worded appeal.




You already appealed to them. Did they provide a POPLA code? If so, use it. If not complaint to the BPA.


Was the Notice to Keeper is not POFA 2012 compliant? If not, this will be a winning POPLA appeal point
Gan
Check the dates on the parking notice
Was it issued no more than 12 days after the parking incident ?

Check the payment slip
Does it mention the Protection of Freedoms Act that they can pursue the keeper (you) if they can't identify the driver ?

Does the parking notice say that CEL is the creditor ?

If the answer to any question is "No", you have no liability for payment and can tell them to get stuffed

I would not therefore provide the driver details
jth999
Hu Guys,
In my response to the Parking Notice I simply said that I was on holiday at the time and enclosed evidence that I was not the driver. Would this count as an appeal?

Reading the small print (on the payment slip), which I noticed later, it says" If you were not the driver you may pay this PCN or provide us with the name and address of the driver and pass this PCN on to them".

Gan - It does not say CEL is the creditor, just that the cheques are to be payable to them. The PCN was issued exactly 12 days after the incident. I see no mention of the Freedom of Information Act.
Their response to my letter does not include a POPLA code, just a photograph of my car (which of course I didn't dispute!) Should I now ask them for a code, or send them my son's details. If he then gets the PCN does the clock reset from then?
Thanks
Gan
QUOTE (jth999 @ Sun, 4 Oct 2015 - 11:58) *
Hu Guys,
In my response to the Parking Notice I simply said that I was on holiday at the time and enclosed evidence that I was not the driver. Would this count as an appeal? They obviously don't think so because they didn't send the POPLA code

Reading the small print (on the payment slip), which I noticed later, it says" If you were not the driver you may pay this PCN or provide us with the name and address of the driver and pass this PCN on to them". "You could also ignore us because you don't owe a penny" doesn't result in payments

Gan - It does not say CEL is the creditor, just that the cheques are to be payable to them. The PCN was issued exactly 12 days after the incident.I see no mention of the Freedom of Information Act. Therefore you have no liability for payment
Their response to my letter does not include a POPLA code, just a photograph of my car (which of course I didn't dispute!) Should I now ask them for a code, or send them my son's details. If he then gets the PCN does the clock reset from then? Short of paying them, the worst possible thing to do.
Thanks


Dear Sir

Ref ****

I note your letter dated ****
As I have previously stated, I was not the driver or even present.
Your company has failed to meet the requirements of the Protection of Freedoms Act and I have no liability to your company.

If you believe differently, send the validation code to refer the matter to POPLA within seven days of the date of this letter.
After (date), if the code has not arrived, I will regard the matter as closed.

My position is final and any other response will be ignored.

Yours Faithfully
jth999
Thank you Gan for that information. I have sent off a letter to CEL worded as you suggested above. I'll let you know what their response is!
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