DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 83805--------------------------------------------------
POPLA Appeal Advice – Civil Enforcement Ltd
DIR By: steve7765
Date: August 2, 2025, 11:12 am
---------------------------------------------------------
Hi all,
Date of incident: Monday, 7th July 2025
Charge amount: £100 (discounted to £60 initially – now expired)
Status: Initial appeal to CEL rejected – currently preparing
POPLA appeal
POPLA code issued: Yes
PCN images:
HTML https://imgur.com/a/TjzQyyy
I'm looking for advice regarding a Parking Charge Notice issued
by Civil Enforcement Ltd (CEL).
Background:
I attended the sports centre for a regular indoor football
session (work group booking) and, as usual, went straight to
reception to register my vehicle. On this occasion, I genuinely
forgot to do so — an honest mistake on what was otherwise a
normal visit.
I paid the £2.30 entrance fee on arrival, as I always do. I’ve
attached a redacted screenshot of my bank statement to my POPLA
appeal to prove I was a paying, legitimate user of the facility.
I've also contacted the sports centre manager to request they
support the cancellation, either by confirming my attendance or
contacting CEL directly.
My Appeal Argument So Far:
I was a genuine, paying customer using the facility as intended.
I have proof of payment, entry fee to the sports centre (bank
statement).
My failure to register was an honest one-off oversight.
I have previously complied with the parking system at this site.
No financial loss occurred to the landowner or CEL.
The charge feels disproportionate given the circumstances.
What I’m Looking For:
Feedback on the strength of this POPLA appeal.
Any suggestions to improve the appeal wording or angle.
Advice on whether venue intervention can still help at this
stage.
Anything else I might be overlooking.
Let me know if I should include the full appeal text here.
Thanks in advance for any help!
#Post#: 83807--------------------------------------------------
Re: POPLA Appeal Advice – Civil Enforcement Ltd
DIR By: jfollows
Date: August 2, 2025, 11:26 am
---------------------------------------------------------
You’ll be better advised to appeal on a technicality, for which
we need to see the original PCN plus the exact text of the
appeal you have already sent.
See
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
These companies do not have any compassion or interest in
arguments about “genuine” mistakes. They couldn’t care less.
PS Do not obscure dates and times in anything you post here.
They can be critical but some people seem to think that they
need to be obscured.
#Post#: 83810--------------------------------------------------
Re: POPLA Appeal Advice – Civil Enforcement Ltd
DIR By: beedmo
Date: August 2, 2025, 11:31 am
---------------------------------------------------------
It’s a shame you didn’t come to this forum before you submitted
your appeal. You’ve identified the driver. A non identified
driver is a golden ticket to not paying a penny.
You’re going to need to post the full PCN front and back for us
to see if there’s any additional arguments, such as non
compliance.
I’m sure some people smarter than me will be along with
additional advise I may have forgone shortly.
EDIT: It appears I was far too slow at typing my reply.
Hopefully, the sports center direct them to cancel the invoice.
Although, given they’ve now taken the time & effort to reject
the appeal - if you can call reading and pressing a button time
and effort - they may be minded to advice the sports center that
they’ve spent “resources” on dealing with you and not cancel.
Any excuse with these bottom feeders.
#Post#: 83811--------------------------------------------------
Re: POPLA Appeal Advice – Civil Enforcement Ltd
DIR By: steve7765
Date: August 2, 2025, 11:35 am
---------------------------------------------------------
Updated post with imgur link of PCN.
#Post#: 83812--------------------------------------------------
Re: POPLA Appeal Advice – Civil Enforcement Ltd
DIR By: jfollows
Date: August 2, 2025, 11:35 am
---------------------------------------------------------
Indeed, if you identified the driver in your appeal then you may
have metaphorically shot yourself in the footbat the same time,
as [member=5356]beedmo[/member] says, hence why we need more
details in order to see if we can help you construct a defence.
#Post#: 83813--------------------------------------------------
Re: POPLA Appeal Advice – Civil Enforcement Ltd
DIR By: steve7765
Date: August 2, 2025, 11:45 am
---------------------------------------------------------
Unfortunately I cannot find the exact wording of my initial
appeal. I've logged onto the civil enforcement website and its
not saved, and I didn't keep a word copy.
Attached is my appeal rejection.
[attachment deleted by admin]
#Post#: 83814--------------------------------------------------
Re: POPLA Appeal Advice – Civil Enforcement Ltd
DIR By: steve7765
Date: August 2, 2025, 11:47 am
---------------------------------------------------------
The key point I made in my initial appeal was that I was a
legitimate user of the sports centre on the 7th of July and I
provided a screenshot of my bank statement to prove this.
#Post#: 83815--------------------------------------------------
Re: POPLA Appeal Advice – Civil Enforcement Ltd
DIR By: beedmo
Date: August 2, 2025, 11:51 am
---------------------------------------------------------
Yep, standard boilerplate appeal rejection.
Now, you could make a Subject Access Request to receive the
words you used in your appeal, however, that’ll take at least a
month. Meaning your POPLA code will be null and void.
By your last message, it sounds like attaching a bank statement
and using the phrasing “I” did this, you have identified
yourself as driver.
Hopefully some of the regular posters will be along shortly to
have a look at the detail of charge. Hopefully they can find
some grounds for appeal.
#Post#: 83817--------------------------------------------------
Re: POPLA Appeal Advice – Civil Enforcement Ltd
DIR By: steve7765
Date: August 2, 2025, 1:16 pm
---------------------------------------------------------
I am thinking an outline of my appeal to POPLA could look like
this.
I[i] am the registered keeper of the vehicle in question and
wish to appeal against the Parking Charge Notice issued by Civil
Enforcement Ltd (CEL) on 7th July 2025. The PCN relates to a
visit to a sports facility where I was a legitimate, paying
customer attending a regular indoor football session through a
workplace group booking. While I ordinarily comply fully with
the parking procedures at this location, on this one occasion, I
genuinely forgot to register my vehicle at reception. This was
an honest oversight, not an attempt to avoid payment. I paid the
required £2.30 entrance fee on arrival, as I always do. I have
attached a redacted copy of my bank statement showing payment on
that date as proof of my legitimate use of the facility.
I submit the following grounds of appeal:
1. No Evidence of Landowner Authority
CEL has not provided evidence that it has the legal authority to
issue Parking Charge Notices and pursue payment at this site. As
a third-party agent, CEL must demonstrate through a valid,
contemporaneous contract that it has been authorised by the
landowner (not merely a managing agent or site operator) to
operate and enforce parking terms on this land. The BPA Code of
Practice (Section 7.1) requires this. CEL is put to strict proof
that such a contract exists and that it specifically authorises
CEL to issue charges in its own name at this site. If such
evidence cannot be produced, CEL has no standing to pursue this
charge and the appeal must be upheld.
2. Inadequate Signage – BPA Code of Practice Breach
[i]While I am familiar with the process of registering my
vehicle at this facility, the signage on-site failed to provide
adequate reminders or prompts at the point of arrival or within
the reception area to alert users to this obligation. For
regular users, especially those engaged in habitual routines,
signage must be clear and placed strategically to prompt
compliance every time. The signs failed to act as a sufficient
reminder in this case. The BPA Code of Practice (Section 19)
requires signage to be both clear and prominently placed. On
this occasion, I simply forgot to register — a situation that
more prominent or clearer reminders (e.g., at eye level or in
the reception area itself) could have prevented. Therefore, I
ask that the signage’s sufficiency and prominence be properly
reviewed.
3. No Grace Period Applied – BPA Code of Practice Clause 13
According to Clause 13 of the BPA Code of Practice, operators
are required to allow a reasonable grace period before issuing a
charge. This period is intended to allow drivers sufficient time
to read signage and comply with parking conditions. In this
case, no grace period was observed. As a paying customer who
went directly into the facility and would ordinarily register
the vehicle on arrival, I should have been given a reasonable
amount of time to register the vehicle or rectify the oversight.
Issuing a PCN without allowing for any grace period demonstrates
non-compliance with the Code and is grounds for cancellation.
4. The Charge is Not a Genuine Pre-Estimate of Loss and Is a
Penalty
The £100 charge is not a genuine pre-estimate of loss. CEL has
suffered no loss whatsoever as a result of my failure to
register on this single occasion. I paid to use the facility,
just as any other guest would. There was no unauthorised
parking, overstay, or misuse of the premises. The charge is
therefore punitive, not compensatory. The landmark case
ParkingEye v Beavis is not applicable here. That case involved a
retail park with free parking where the charge was justified as
a deterrent. In contrast, this site is a paid-access facility.
There is no reasonable commercial justification for such a high
charge under these specific circumstances. The charge in this
context functions purely as a penalty and should be deemed
unenforceable under contract law.
5. I Was a Legitimate, Paying Customer
I was a valid user of the facility, having paid the entry fee in
full on the date in question. I have provided a redacted bank
statement as proof of payment. I regularly use this site and
have always registered my vehicle as required. This was a
one-off error made in good faith, with no intent to breach any
terms or to deprive CEL or the landowner of any income. The
operator suffered no financial loss. POPLA should consider this
in determining whether the imposition of a £100 charge is fair,
reasonable, and proportionate in the circumstances. The operator
has failed to consider mitigating factors, which is contrary to
the principles of natural justice and the guidance contained in
the BPA Code of Practice.
6. CEL’s Evidence Must Be Scrutinised for Accuracy and
Timeliness
Should CEL submit evidence to POPLA, I request that POPLA
carefully scrutinise any documents for authenticity, relevance,
and timeliness. Any evidence submitted after the operator’s
deadline should be disregarded in line with POPLA’s procedural
rules. CEL has a history of relying on generic or templated
witness statements, which do not meet the required standard of
proof. I reserve the right to respond to CEL’s evidence if and
when it is shared with me.
Conclusion
In summary, this PCN has been issued in contravention of
multiple sections of the BPA Code of Practice. CEL has failed to
demonstrate that it has landowner authority, has failed to apply
the mandatory grace period, and relies on inadequate signage to
impose disproportionately high charges. I was a genuine customer
who made an honest mistake, caused no loss, and complied in
every other respect with the parking terms on all previous
visits. For these reasons, I respectfully request that POPLA
uphold my appeal and cancel the Parking Charge Notice.
Thank you for your consideration.[/i][/i]
#Post#: 83827--------------------------------------------------
Re: POPLA Appeal Advice – Civil Enforcement Ltd
DIR By: b789
Date: August 2, 2025, 2:13 pm
---------------------------------------------------------
The Notice to Keeper (NtK) is PoFA compliant so all the
wiffle-waffle about not identifying the driver is irrelevant
because they don't have to. The Keeper is liable if the driver
is not identified.
As for the POPLA appeal, you have about as much chance as a
snowball in hell for that succeeding. Forget anything about
mitigation. POPLA will not consider it. They will only consider
the PPSCoP and the law. You have already admitted that you did
not comply with the terms and conditions and are therefore in
breach of contract.
If you are going to go through the motions, I would have
suggested to at least concentrate on things such as poor
signage, but you've already admitted that you know you breached
the terms, so you can't use that argument. You can put the
operator to strict proof that they hold a valid contract flowing
from the landowner to operate at the location.
Otherwise, I would advise you press on the Sports Facility
management to call their dogs off. If they are the party that
has contracted CEL and they try to fob you off with the oft
heard "Nothing we can do about it, you must appeal to the
operator", then ask them who is the Monkey and who is the Organ
Grinder in their contractual relationship with CEL.
Without ruching to send your POPLA appeal as you have 33 days
from the date of the appeal rejection to actually submit it, I
would also advise that you consider whether this may be a lost
cause and you consider taking the mugs discount.
*****************************************************
Page 1 of 2
DIR Next Page