PCN Civil Enforcement Spring Hall Medical Practice, Halifax

[b789]

@3Sh3roo, Civil Enforcement’s response is useful. They have effectively confirmed that the system only records entry and exit and is "not designed to monitor movements within the car park". That supports the keeper’s point that ANPR timestamps are not evidence of a period of parking, nor of where the vehicle stopped, whether it was parked, or what signs were visible.

The next step is to reply once, immediately, in the same email chain. Keep it short. The point is to create the paper trail that:

1. the keeper submitted an appeal;
   
2. CE wrongly diverted it into "complaints" despite accepting it was an appeal;
   
3. their online appeal portal provides no proper keeper appeal option;
   
4. CE must either cancel or issue a POPLA code.
   

Do not use the portal if it requires a false or incriminating appeal reason.

Suggested reply to CE:

Dear Civil Enforcement Ltd,

I write further to your response.

For the avoidance of doubt, my previous correspondence was a registered keeper appeal and formal complaint. You have expressly identified it as an appeal. You must therefore process it as an appeal, or forward it internally to the correct appeals department. It is not acceptable to refuse to process a valid keeper appeal simply because your online portal does not provide any applicable appeal reason.

Your online appeal system requires the keeper to select from a restrictive list of reasons, none of which applies. There is no suitable option for a registered keeper appeal based on no keeper liability, failure to comply with Schedule 4 of the Protection of Freedoms Act 2012, inadequate signage, lack of contract formation, lack of evidence, or failure to specify a period of parking. I will not select a false or misleading option in order to access the appeal process.

Your response also confirms that you use ANPR cameras which record vehicles entering and exiting the car park and are "not designed to monitor movements within the car park". That confirms my appeal point. Entry and exit images do not prove any period of parking, do not prove where the vehicle was parked, do not prove that the vehicle was parked in breach of any term, and do not prove that any relevant signs or terms were visible to the driver.

The Notice to Keeper fails to specify the period of parking as required by Schedule 4 paragraph 9(2)(a) of the Protection of Freedoms Act 2012. The "From" and "To" times are merely ANPR entry and exit timestamps. They are not a period of parking.

Liability remains denied. I am not obliged to identify the driver and I will not be doing so.

You are required to cancel the Parking Charge Notice or issue a POPLA code. If you refuse to process this appeal or fail to issue a POPLA code, I will rely on this correspondence in a complaint to the BPA and in any subsequent POPLA appeal or litigation, should it come to that.

Yours faithfully,

[Registered keeper’s name]

Send that reply, attach the screenshot of the defective dropdown menu, keep CE’s response, and do not engage with any useless and powerless debt collector if CE tries to bypass POPLA. The ANPR admission is likely to be a useful POPLA point.