Notice to keeper at Gatwick Shell Station Options

[TheFonz12]

Dear all,
as many other on this forum, I also received the following notice to keeper:

Pag1:

https://flic.kr/p/23LYp4T

Pag2:

https://flic.kr/p/QC8JnD

I'm going to appeal to the above as below:


Dear Sirs,

Parking Charge Notice xxxxxxxxx:
Vehicle Registration xxxxxx

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Euro Car Parks Ltd (“ECP”) as a Notice to Keeper. I confirm that I am the keeper of this vehicle.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. In addition, I dispute your Parking charge notice since there is no evidence of the car being literally parked in your premises, since the driver could have been using the facilities in the station. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Sincerely



Do I need to add my name and date at the beginning of the letter or do I need to send it as above?

Also I read on this forum that many people don't bother even replying to them when receiving this sort of correspondence because this is a private land. Is this the case or they can bring the keeper of the vehicle to court to recover the amount due?

Thank you for your help

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[cabbyman]

My case against them, back in 2016, was won by default because they failed to submit evidence to POPLA. It would appear that they may have grown a pair since then.

You need to go through therte evidence, line by line, and rebut everything that you disagree. Anything you don't comment on, you are deemed to accept. Include a comment about the time it has taken them to send the evidence. It may be trivial but, if you don't ask, you don't get.

[TheFonz12]

Following the evidence NCP provided regarding the signed authority agreement between Shell and ECP, do I need to eliminate point 4 (No landowner authority) of my appeal for my rebuttal?

Also, in my appeal I had point 2: 'BPA Code of Practice - non compliance to guidelines' where I asked NCP to provide un-cropped image of the vehicle, not just some cropped images of two number plates.
NCP sent two pictures of the vehicle (although it is not possible to see the car very well because it was night time, but in the images you can see the shape of the front and back of the car with the number plates).

Do I also need to eliminate this point in my rebuttal ?

I don't have much time before the end of the 7 days to send the rebuttal to POPLA...

Thank you for your help

My last point is: To be POFA compliant, in the NTK does ECP need to specify the length of the allowed staying and how long was the car allegedly parked? These information's are totally missing.

This post has been edited by TheFonz12: Mon, 18 Mar 2019 - 09:25

[TheFonz12]

Hi all, I sent my comment back to POPLA and I'm waiting for their assessment.
Do you know how long usually do I need to wait to receive their decision?
Is that going to be the final decision?
Regards

[emergencychimp]

It could be a couple of weeks. Could be 6 weeks. I gather they're pretty back logged right now.

Their decision is binding for the PPC if they lose. If you lose, you can still wait out and see if the PPC take court action.

[TheFonz12]

Sorry about my ignorance.. what does PPC stand for?
If I lose, I suppose I need to pay the full charge?
Why should I wait for a possible court action?

[ostell]

PPC = Private Parking Company

If you lose you then have a chice: pay or see what they do.