Help - Search - Members - Calendar
Full Version: £75 for 16 seconds
FightBack Forums > Queries > Private Parking Tickets & Clamping
tilbury
I have just received a parking charge notice from CES...

I was parked in a carpark that had a 2 hour parking time limit.. According to the notice I arrived at 15:32:56 and left at 17:33:12 so I work that out to be 16 seconds over the 2 hour limit... The fine is £75 if I pay within 14 days...

I know alot of people say to just ignore all letters etc... but then there are also a lot of threads on here about court dates etc....

Is it worth me appealing on the basis that the courts would probably laugh at me being charged for being 16 seconds longer than I shoudl have been??

Cheers
Salmosalaris
http://www.ces-serv.com/ANPR.htm

Oh dear !!!
Jlc
First things first - they don't appear to be BPA members? Contact them first to check. EDIT: The information claims that they are members - but definitely check with the BPA.

It appears they have accessed the DVLA which might be an issue!

Does any of the paperwork mention Protection of Freedom's Act? Or POPLA?

16 seconds will probably not be considered a sufficient grace period..............
spanner345
I assume you took more than 16 seconds to find a parking space, park, then when leaving, drive to the exit.
tilbury
QUOTE (Jlc @ Tue, 10 Sep 2013 - 15:14) *
First things first - they don't appear to be BPA members? Contact them first to check. EDIT: The information claims that they are members - but definitely check with the BPA.

It appears they have accessed the DVLA which might be an issue!

Does any of the paperwork mention Protection of Freedom's Act? Or POPLA?

16 seconds will probably not be considered a sufficient grace period..............


The paperwork doesnt mention the Protection of Freedom's Act but they do say that if I appeal and they reject my appeal they will send me the details of POPLA...

Just checked on the BPA website and www.ce-service.co.uk are listed there.. it says they have ANPR and ticketing, but not debt recovery or self ticketing if that helps?

Are all 3 of you basically saying I may as well just pay the bloody fine?????
kommando
QUOTE
Are all 3 of you basically saying I may as well just pay the bloody fine?????


No they are not and neither will I, they are just probing for more info so they can recommend the best way of not paying.
tilbury
QUOTE (kommando @ Tue, 10 Sep 2013 - 17:12) *
QUOTE
Are all 3 of you basically saying I may as well just pay the bloody fine?????


No they are not and neither will I, they are just probing for more info so they can recommend the best way of not paying.


Thats cool.. thank you:)
Jlc
QUOTE (tilbury @ Tue, 10 Sep 2013 - 17:08) *
Are all 3 of you basically saying I may as well just pay the bloody fine?????

No! And it's not a fine.

Ok, they're BPA - so they can access the DVLA. But I would add that a 16 second 'overstay' is abusing the information. (Thus worthy of a complaint to the DVLA as this situation is covered in the Code of Practice [grace period] and such data access is not with reasonable cause)

Protection of Freedom's Act is in regards to pursuing the registered keeper if the driver is not known. Strange they don't mention it... (Potentially another issue - they don't have to use it but they can only pursue the driver and there's no obligation to provide it)

I would initially appeal:


PCN Ref: XXXXXX

Dear CES,

You seem to have issued the above PCN accidentally as your camera's have provided proof that the car was parked for less than the maximum allowed.

I look forward to it's cancellation. Failing that please provide me a POPLA code.

Regards,
Tilbury
kommando
Appeal using this

QUOTE
I assume you took more than 16 seconds to find a parking space, park, then when leaving, drive to the exit.



IE The driver was on the site for 2 hrs and 16 seconds but parked for less than 2 hours as it takes longer than 16 seconds to enter and leave the car park. So either accept the appeal and cancel the invoice or provide a POPLA code. (do not say who the driver was, you are appealing as registered keeper only hence 'The driver')

They will reject but then you will win at POPLA but you will need more than the PPC appeal to win so come back for more advice using this thread once you have the code so a proper POPLA appeal can be submitted.
Jlc
QUOTE (tilbury @ Tue, 10 Sep 2013 - 14:35) *
the courts would probably laugh at me being charged for being 16 seconds longer than I should have been??

I doubt they would seriously put this in front of a judge...
tilbury
A couple of other things I wanted to mention incase its worth me putting in my appeal.. They say they have photographic evidence but they have not provided it (should they)

They also do not tell me the appeals process on the Parking Charge Notice. they do however say "our full appeals process can be found at www.ce-service.co.uk.

Is this enough to comply with the letter of the law?

Also, I have read they have to do the following "identify the “creditor” who is legally entitled to recover the parking charge" which they dont appear to have done either. The small print does say "We may have the right to recover unpaid parking charges from you"

Regards
cabbyman
You only need a simple appeal to them which they will reject anyway.

The appeal that really requires fine tuning and getting right is the appeal to POPLA.
Salmosalaris
Don't worry about that at this stage .
Use JLC's simple appeal , the aim is to get a POPLA code unless they cancel ( whoch they won 't )
Jlc
QUOTE (tilbury @ Tue, 10 Sep 2013 - 18:34) *
A couple of other things I wanted to mention incase its worth me putting in my appeal.. They say they have photographic evidence but they have not provided it (should they)

They also do not tell me the appeals process on the Parking Charge Notice. they do however say "our full appeals process can be found at www.ce-service.co.uk.

Is this enough to comply with the letter of the law?

Also, I have read they have to do the following "identify the “creditor” who is legally entitled to recover the parking charge" which they dont appear to have done either. The small print does say "We may have the right to recover unpaid parking charges from you"

Regards

They may have evidence of your entering and leaving - they most certainly do not have evidence of you exceeding 2 hours parking. Unless you took 8 seconds either side of entering/leaving!

At this stage it's 'code of practice' stuff. The 'law' would be to pursue the RK - but you said it doesn't mention the Protection of Freedom's Act. (Schedule 4)

I'll stick my neck out here but I think they might cancel it - but I wouldn't be surprised if they didn't... (NO tickets = NO income)
Youngman
Hi, I've just received a parking charge notice from CE Service demanding £75 now or £150 after 14 days? I wasn't driving the car at the time and the over stay was 14 minutes and 20 seconds. The date of the offence was 03/09/13 and dated as issued on the 17/09/13, although it didn't arrive with me until the 18th. I've read many posts and to be honest I'm confused. Any help with my situation would be gratefully received?
Salmosalaris
YOUNGMAN start your own thread please
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.