Civil Enforcement Ltd Parking Charge Notice
This page explains how to successfully appeal your Parking Charge notice from Civil Enforcement Ltd.
Civil Enforcement Ltd and the courts
Civil Enforcement Ltd is one of the select few of the private parking companies that is a prolific issuer of County Court Claims. It is every important that you do not ignore a parking charge notice from CEL. You should firstly appeal to the company itself, and then if unsuccessful, appeal to POPLA. If you receive a County Court Claim from CEL, you should either pay it, or defend it. Do not ignore any documentation from Civil Enforcement Ltd. Freedom of Information documents obtained in early 2015, show that in the year from 1st January 2014 to 31st December 2015, Civil Enforcement Ltd issued 3,101 County Court Claims against motorists. It is important though, not to be disheartened by these figures. Although they take a lot of people to court, a lot of people also beat them in court. Civil Enforcement Ltd hope that you don’t show and lose by default, or that you freak out when you receive your claim and pay the claim out. In fact, it is well documented, that if you simply put in a strong written defence to their claim, it is quite likely that Civil Enforcement Ltd won’t show up in court, and you will win by default, and also be awarded money for your costs of attending court.
Civil Enforcement Ltd on criminal charges
Civil Enforcement Ltd is facing criminal charges in an Aberdeen court in Scotland. The company has been charged with attempted fraud after allgedly posting “notice to keeper” letters to motorists citing the Protection of Freedoms legislation that does not aply in Scotland. Five charges state that car owners were sent misleading correspondence by Civil Enforcement Ltd which was likely to make them believe they had to make payment when the legislation did not apply to Scotland. They are charged with:
- One count of operating a fraudulent scheme
- 11 counts under the consumer contract regulations
Note: Civil Enforcement Ltd have gotten off these charges on some sort of technicality.
Parking charge at the Co-op from Civil Enforcement Limited?
If your parking charge from CEL is for parking at the Co-op, you should write to the Co-op or write on their facebook page with a strongly worded letter advising them you are a member of the co-op, how much money you spend annually, and that you expect them to have the fine withdrawn for you. Make those complaints to head office , attach a copy of your claim form, parking charge notice or debt collection letter to the email and demand that they sort it out. Send a copy of your email to firstname.lastname@example.org There is an excellent chance the charge will either be withdrawn by Civil Enforcement Ltd, or that the Co-Op may even pay the charge for you! See MSE discussion on this.
Civil Enforcement Ltd in the news
The Bedford Shire news reports on 22nd August 2014 that Civil Enforcement Limited had been given a warning by the Driver and Vehicle Licensing Agency (DVLA). Civil Enforcement Limited issue private parking tickets to the customers of QD at the car park behind the store owned by Crestaworth. The Bedford Shire news reports that they were investigated by the Driver and Vehicle Licensing Agency for “sending notices to motorists outside of the statutory 14 days under the Protection of Freedoms Act”. The British Parking Association’s code of practice of which Civil Enforcement Ltd is a member, also has rules regarding the 14 day limit. A spokeperson for the Driver and Vehicle Licensing Agency said information is provided under strict controls and that private firms just meet the standards set by an appropriate accredited trade association (in this case the BPA). “If it is brought to our attention that a company does not meet the necessary standards, we will investigate. Where appropriate, we will stop the release of keeper information to them.” said the spokesperson.
The Daily Record on October 14, 2012, reports that a man was fined by Civil Enforcement Ltd for simply driving home. Robert McLean received a £90 fine from Civil Enforcement Ltd who claimed he had overstayed the parking limit at his local Co-op car park. But Mr McLean had simply driven along the access road to his property when the Civil Enforcement cameras photographed him. Angry Robert, of Gorbals, Glasgow, said: “The road that passes the Co-op car park is a public access road. I go up and down it all the time, as do my neighbours. I did not use the car park. This is extortion.” The store is in Crown Street but the access road, Hospital Street, is used by Robert and his neighbours. Mr McLean said the parking charge notice demands £90, reduced to £45 if paid within 14 days. He said he made two trips through that day several hours apart. It seems as I passed through, the cameras recorded my car registration. “The enforcement company have deduced that I must have been parked for several hours in the Co-op car park ”.
CEL Contractual charges
If Civil Enforcement Ltd are claiming a contractual charge against you, then you should cite the case of CEL v McCafferty in your appeal. CEL v McCafferty is the famous case that Civil Enforcement lost on appeal. In the judgement of this case, the court rules that a £150 was actually an unenforceable penalty intended to deter a driver from overstaying, rather than a genuine invitation to park for that fee.