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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 63908
Experience:  Over 5 years in practice.
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I received a parking fine PCN NO.6087918402 from Civil Enforcement

Customer Question

I received a parking fine PCN NO.6087918402 from Civil Enforcement Ltd,Horton House, Exchange Flags, Liverpool L2 3PF. I had parked in the multi-storey car park in Pyle Street, Newport, Isle of Wight on 9/7/11. Being aware that I had taXXXXX XXXXXer than the permitted time, I put my registration number in the machine and it clocked in as amount owing £00.00. I tried a couple more times with the same result and as there was no contact number and the scheme was very new, I assumed that the machine was not operating correctly. On receiving the fine, I wrote to Civil Enforcement Limited explaining what had happened and they replied that they were unable to cancel the notice because "it is the drivers responsibility to enter the correct amount of money as the machine does not calculate how much you owe". I actually had two pounds on me at the time ready to pay but because the machine read "amount owing £00.00", it did not occur to me to do so. Am I really at fault here - I am a 70 year old professional lady recently retired and consider myself to be fairly switched on. They give me 14 days to pay the £45. or £90. after that.

I would be most gratefull for your views on this matter.

Many thanks

Maureen Michelmore
emailXXX@XXXXXX.XXX
Submitted: 2 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 2 years ago.
Is there any mention of the council on the ticket?
Customer: replied 2 years ago.
no mention of council
Expert:  Jo C. replied 2 years ago.
OK.

So who is the issuer?

It will be in the small print and possible in large letters on the top.
Customer: replied 2 years ago.

 

Registered Office: Civil Enforcement Ltd, Horton House, Exchange Flags, Liverpool L2 3PF . Tel:0115(NNN) NNN-NNNNCompany Registration Number 05645677. Their logo is like the "libra" star sign - a set of scales.

 

There is a red notice in the middle of the original Enforcement Notice as follows:-

 

FAILURE TO PAY THER AMOUNT DUE WITHIN 28 DAYS WILL RESULT IN CIVIL ENFORCEMENT LTD FORWARDING YOUR ACCOUNT TO A DEBT RECOVERY AGENCY AND YOU WILL INCUR ADDITIONAL COSTS.

Expert:  Jo C. replied 2 years ago.

Have you admitted being the driver yet?
Customer: replied 2 years ago.

no

 

Expert:  Jo C. replied 2 years ago.

Good. This is a private land fine. They are unenforceable. This is not a parking fine however it may look. These companies are private firms that have no more right to punish you for the manner of your parking than your neighbour does. Only the police or the local Council can do that. These are issued on the basis that you have accepted a contract by parking there and breached it by staying too long. To make that work they would have to hang signs over almost every bay and anyway, they still cannot show loss.


The way to stop them dead is to write back refusing to give them the name of the driver. Please note that DOES NOT mean you should lie. Some people don't seem to be able to see the difference between REFUSING the name of the driver and giving false information but there is a very substantial one. They have no power to force from you the name of the driver as they are not the police. They only have a 'contact' with the driver and not the registered keeper.


Please note that will not stop them writing to you. They will send lots of threatening letters. They will pass it on to debt collection and they may get a solicitor to write to you. Unless you actually get a court summons these communications are nothing to worry about. Refusing details of the driver puts an end to any real action being taken.


I'm happy to discuss this but please remember to click on accept.

Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 63908
Experience: Over 5 years in practice.
Jo C. and 2 other UK Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.

 

Thank you for your reply which was very helpful. There was one more question ie:-

 

Can they see the driver from their photograph?

 

Many thanks

 

Maureen

Expert:  Jo C. replied 2 years ago.
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