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Received a PCN from Euro car parks on Staines Road Retail Park.
Sonu rocks
post Fri, 13 Sep 2019 - 10:08
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Good Morning All,

The driver has received this PCN (please see attached). There is a camera which has taken the picture while the vehicle has entered and when the vehicle was leaving, there is only the number plate on the PCN and not the whole picture of the car.

Please help!

Kind Regards

This post has been edited by Sonu rocks: Fri, 13 Sep 2019 - 10:52
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post Fri, 13 Sep 2019 - 10:08
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Sonu rocks
post Wed, 8 Jan 2020 - 17:20
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Below is what I wrote:

Dear POPLA Adjudicator,
As the registered keeper of the above vehicle, I wish to appeal the parking charge notice issued by Euro Car Parks Ltd. I would like to have the parking charge notice cancelled based on the following grounds:
Euro Car Parks have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to,
1.1) Euro Car Parks failed to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;
1.2) Section 9 (3)- The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices each specifying different parts of a single period of parking). The driver went to the Staines road retail park twice, first when shopping in Home Bargains (please find attached entry on the bank statement, for a short visit as you can see the amount spent is very low), and secondly in the later afternoon in Halfords (as the driver wanted to buy a dash cam and was with the sales assistant for a while who explained the features of varieties of dash cam available in the market). There are only two shopping outlets on the land, Home Bargains and Halfords. After shopping at Home Bargains the driver (with family ) went to shop in Treaty Shopping Centre and parked there (please see rest of the entries on the bank statement where the driver has visited Burger King, Clarks, Poundland) and paid for the parking in cash.


2) The signage at the car park was not compliant with the BPA standards and therefore there was no valid contract between the parking company and the driver.

Following receipt of the charge, I have personally visited the site in question. I believe the signs and any core parking terms that the parking company are relying upon were too high (nearly more than 9 foot high) and too small for any driver to see, read or understand when driving into this car park. Also, there are more than 60 car parking bays and insufficient signage. The Operator needs to show evidence and signage map/photos on this point - specifically showing the height of the signs and where they are at the entrance, whether a driver still in a car can see and read them when deciding to drive in. Any terms displayed on the ticket machines or on a ticket itself, do not alter the contract which must be shown in full at the entrance. I believe the signs failed to properly and clearly warn/inform the driver of the terms in this car park as they failed to comply with the BPA Code of Practice appendix B. I require the operator to provide photographic evidence that proves otherwise.


3) Standing to offer parking contracts:
Euro Car Parks has not produced any evidence to demonstrate that it is the
land-owner; or, that it has the authority of the land-owner to issue parking
charge notices at this site. It is for the Operator to demonstrate that it has the authority, and a mere statement to the effect that it has a contract will not be sufficient.
Euro Car Parks has failed to produce sufficient evidence and it did not have the authority to issue a parking charge notice.

Due to the failures mentioned above, Euro Car Parks, therefore, cannot transfer liability for the alleged charge from the driver at the time to me, the keeper.

Yours Faithfully,

QUOTE (bearclaw @ Tue, 7 Jan 2020 - 07:43) *
Either pay up or prepare to deal with debt collector letters (ignore these).

If they send a letter before action or court papers do NOT ignore those! They have up to six years.


So it should only be paid once they threaten to take this matter to court?

Also, if the appeal goes to POPLA do ECP pay fees to POPLA?
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nosferatu1001
post Thu, 9 Jan 2020 - 09:53
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By "Waht you wrote", that looks like a bad initial appeal - was this the comments in response to their evidence pack? Be specific. Dont make us guess.

No, noone said PAY! Nothing in that says PAY now does it?! It just says DONT ignore it!
ECP pays £30 to pay for POPLA.
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Sonu rocks
post Sat, 11 Jan 2020 - 19:34
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Thank you!

Yes, it was in response to their evidence pack.

So as I understand I shouldn't do anything and only wait for their action?
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The Rookie
post Mon, 13 Jan 2020 - 11:02
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Didn't think much while writing that did you! Signage and standing quite obviously have nothing to do with whether they can transfer liability to the keeper.

Had you sent any evidence such as photos or plans/maps?

It doesn't actually rebut any points, just looks like a fresh appeal, can see why you failed.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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Sonu rocks
post Wed, 15 Jan 2020 - 12:17
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Yes, I did send the photos and it was also evident from the plan they had submitted from which it was seen that there were no signs in the middle of car park.

What would be the next stage?
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nosferatu1001
post Wed, 15 Jan 2020 - 13:04
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As pointed out - your rebuttal didnt. It just talked through your appeal again.

The necxt steps are - pay or dont pay. Same as before. You are not in control unless you pay. If you dont pay you may be taken to court, but hte odds of this are relatively low - exspecially for ECP, who I cannot ermember EVER doing court.

If POPLA has made a clear error then a complaint to THEM is in order.
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Sonu rocks
post Sat, 8 Feb 2020 - 14:08
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Received a note from debt recovery

https://imgur.com/a/FE1yA02

Is this going to effect on my credit history or in any other way?

Also, I mentioned all the points why the liability cannot be transferred on to the register keeper so i am failing to understand where i went wrong? please can someone shed some light
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ostell
post Sat, 8 Feb 2020 - 14:32
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As you must have read in other threads you ignore DRP. Will not affect credit history
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nosferatu1001
post Mon, 10 Feb 2020 - 11:11
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Indeed, ignore DRP. Its in every thread

What you missed is that the REBUTTAL phase of the appeal is where you respond to the *operators* claim. You do not simply restate your appeal - you state "you told them to prove they had a contract in place, yet the operator evidence did not include this"
For example
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