Euro car parks wolverhampton Options

[whitemouse75]

Hi peeps

after some advice obviously!!

received a PCN through for a PCN after a stay of 20 mins in a car park. Somewhat unusual circumstances, this car park is close to the train station, there is one road in and out of both car park and train station. On the evening in question, the local football team Wolves were in the FA cup semi final at Wembley. The driver of the vehicle was attempting to collect passengers from he station, but it was apparent that it wouldn't be possible to get anywhere near - the one road in question is a loop to the station but incorporates all drop offs, the taxi rank and entrance to train station car park and this car park. Once you are in the road you can only park in one of these or complete the loop with all the taxis etc.

Realising they wouldn't get near the station, the driver turned into the car park to either find a space or exit and leave away from he station. Due to the sheer volume of people that night, they were unable to either find a space or exit. It is notorious for poor exit flow, there are other threads on here about the same car park, due to traffic light control only letting 4-5 cars out of the loop at a time.

So in summary, the vehicle was unable to ether park or leave. The registered owner has received the second letter "final notification" and fees up to £100 from £60.

Best course of action from here?

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[Dave65]

Is the car park the driver went through covered by byelaws?

Any photos of the signage?
Can you post up a copy of the original PCN with personal details redacted, but leave dates.

[Jlc]

Quite simply any potential contract (if deemed accepted) could not be honoured due to a frustration of that contract. (I.e. the promise to leave could not be performed due to circumstances outside the driver's control)

Do not ignore but they will reject. POPLA only concern themselves whether the charge was 'issued correctly' and they will likely conclude it was.

Then ignore unless they decide to issue a court claim.

[whitemouse75]

Is the car park the driver went through covered by byelaws?

Any photos of the signage?
Can you post up a copy of the original PCN with personal details redacted, but leave dates.

how do you mean, covered by bylaws? as in the same as a normal train station? if that's what you meant, no. it just happens to be close

Quite simply any potential contract (if deemed accepted) could not be honoured due to a frustration of that contract. (I.e. the promise to leave could not be performed due to circumstances outside the driver's control)

Do not ignore but they will reject. POPLA only concern themselves whether the charge was 'issued correctly' and they will likely conclude it was.

Then ignore unless they decide to issue a court claim.

ok, so start a popla appeal?

just seen, need to appeal to ECP before i can appeal through popla

[whitemouse75]

ok so appealed to euro car parks, rejected

appealed to POPLA, rejected

debt recovery plus letter received today. Interestingly this car park has recently made the news due to issues with the road that feeds it being constantly blocked

next steps?

[ostell]

Ignore DRP (and Zenith), they can do nothing.

Wait for the letter before claim.

There was no contract, Euro were unable to complete their side of the bargain and you gave up and left. A judge has already given the decision that driving round a car park is not parking

This post has been edited by ostell: Tue, 15 Oct 2019 - 20:13

[whitemouse75]

nice one i'll await the papers!