Euro Parking Services, Appeal rejection letter & letter before action Options

[Mr.Brown058]

Hi all,
I am seeking advise on how best to proceed.
I have received a final reminder for payment of a parking charge for Euro Parking Services (EPS) however this is the first communication I have had from them.
I am the registered hirer of the vehicle and have not responded yet.
The final reminder letter does not state the date of the incident however they show pictures of the vehicle manoeuvring & leaving the car park these were taken by a car park attendant working for EPS as the driver remembered the incident.
The driver of the vehicle at the time honestly parked in the car park, went to a cash machine and then entered the Lidl store to purchase some milk. On returning to the car the driver was approached by an EPS employee saying as they left the premises they would receive a PCN in the post. The driver of the vehicle stating they were a customer and showed the attendant the receipt got in the car and drove off.
the pictures on the letter show the vehicle and driver driving off.
The time stamps on the pictures are shown 8secs apart. The driver has given me the receipt from that day however the time stamps on the pictures show the vehicle leaving 3 minutes before the receipt was issued.
I have contacted Lidl who's response is the usual, we are not the land owner it is between you and the Car park company.
EPS have also claimed that the 21 day period has now lapsed for an appeal but mention exceptional circumstances for appealing outside the 21days.
I have contacted the lease company who confirmed they received the notice to keeper on the 20th of December 17 , 20days (should be 14 days under POFA) after the incident and only gave my details as the hirer to EPS on the 27th. I received the final reminder ( My 1st communication) on the 17th Jan. exactly 21days after EPS got my details from the Lease company.


I have not received a notice to hirer and I am unsure if to proceed using the POFA notice to Hirer failings they will just say they sent it previously and generate one meeting all the requirements. I am unsure of any further evidence they have but clearly the time stamps differ slightly from the receipt on the day. Do I proceed using the IPC Code of Practice Section 15 'Grace periods as the pictures shown do not show the car parked, however the driver was there for about 25 minutes ,well within the contract


I have also asked the Lease company to see if they can give me any evidence of what they actually sent to EPS as this would allow me to use the POFA route.

Any help greatly appreciated

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[Mr.Brown058]

Hi all,
I'm Proceeding as per all the advice on here & on the money-saving expert threads..
I posted my N180 questionnaire form to the court & to all parties the day after receiving the form from the court. I have confirmation of delivery to the court but not from Gladstones. Today is the cut off and I had not received confirmation earlier last week, so I sent it again 5 days ago to Gladstones & again no confirmation of delivery. I have proof of postage for both but will this be enough for the court if Gladstones deny receiving it??
Thanks in advance.

[cabbyman]

'Proof of posting' being a certificate of posting from the post office?

If so, that should be sufficient.

[Mr.Brown058]

Yes proof is from the Post Office.
Thanks.

[cabbyman]

In that case, unless the contrary can be shown, it is deemed delivered in two working days.

[Mr.Brown058]

Hi again,
Hearing in County Court is fast approaching. I have got confirmation that they have paid the court fee so full steam ahead.
I am finalising my Witness statement & have put together my evidence pack.
As I have to take time off work I will be hoping to claim my expenses for the day if successful and was wondering if I should mention that at the end of my witness statement or can that be done on the day.

This post has been edited by Mr.Brown058: Wed, 1 May 2019 - 14:33

[Albert Ross]

If you are successful you can claim on the day, for parking; mileage also postage and printing costs.
There is also an attendance fee capped at [I believe] £96.
Unless you can show there was no merit to the claim, then, you may also claim litigant in person hourly rate and if it cost more than £96 to attend that difference.

Make two notes for the end of the hearing, one set to persuade the judge that EPS have been unreasonable, it is clear that EPS have known, before the first notification you received that a hirer could have no liability unless they were driving.

The second note, because it is a lottery, why Gladstone's should not receive there costs if they are successful. Or because that was their justification for lumping £60 to the claim effecting double recovery.

[Mr.Brown058]

Many thanks.

[Mr.Brown058]

Victory...
Gladstones and EPS were a no show.
Judge ruled on para 14 (2) of the POFA that they have failed to provide the required documents to hold me as the hirer liable for the charge.
As they failed to address the POFA point both in my appeal & response to Letter before court action & also that they failed to follow the IPC code of practice the judge ruled they have behaved unreasonably & granted expenses & appearance for today..
😁😁😁😁😁

This post has been edited by Mr.Brown058: Mon, 20 May 2019 - 09:51

[ManxRed]

Excellent.