Euro Car Parks - Parking Fine Sainsburys Ilford, Notice To Keeper received |
Helping the motorist get justice 
Helping the motorist get justice
Euro Car Parks - Parking Fine Sainsburys Ilford, Notice To Keeper received |
 Mon, 16 Jul 2018 - 19:48
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#1
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Member Group: Members Posts: 173 Joined: 2 Dec 2010 Member No.: 42,588  |
Hi there
I'm finding conflicting guidance over how to deal with this parking fine. What should I do with this? Do I ignore (are these truly unenforceable), do I appeal or write some other kind of letter to have this cancelled, or should I simply pay up? BTW I do have evidence that a purchase was made from that Sainsbury on the particular date/time of the fine. Links to scanned parking fine: Click here to view Thanks in advance for your help This post has been edited by samosa111: Mon, 16 Jul 2018 - 20:20 |
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Mon, 16 Jul 2018 - 19:48
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Tue, 24 Jul 2018 - 07:54
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#21
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
What about POFA do you find confusing? Be specific. Its a relatively straightforward list of requiremwents, and you either need para 8 for a windscren ticekt, or para 9 when it was only sent through the post.
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Thu, 26 Jul 2018 - 12:09
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#22
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Member Group: Members Posts: 173 Joined: 2 Dec 2010 Member No.: 42,588 |
QUOTE (nosferatu1001 @ Tue, 24 Jul 2018 - 08:54)  What about POFA do you find confusing? Be specific. Its a relatively straightforward list of requiremwents, and you either need para 8 for a windscren ticekt, or para 9 when it was only sent through the post. The primary part I found confusing was that there is no parking charge (i.e no pay and display) at this branch of Sainsbury's. The requirements appeared to refer to overstaying where there is paid parking - I wasn't sure whether this was different to my situation (where they allow 90 mins of free parking to customers). So are you saying my draft appeal (post no.20) is fine to send? |
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Thu, 26 Jul 2018 - 12:13
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#23
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
POFA only requirres that any unpaid parking charge is stated. If there is no parking charge then the amount of unpaid parking charge is £0.
I have no idea how you can get from "what about pofa is confusing" to your appeal is ok? Do you believe it is ok, now you know your error with POFA? You are the one that has to be happy, not I. |
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Wed, 19 Sep 2018 - 16:27
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#24
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Member Group: Members Posts: 173 Joined: 2 Dec 2010 Member No.: 42,588 |
Ok folks... So I have appealed to Popla who have advised me that Euro Car Parks have uploaded their evidence pack (all 42 pages of it!).
Click here to view evidence pack from ECP I find it frustrating that some of the evidence I requested (with your guidance) was not provided previously but has now been - this is essentially robbed me of the opportunity of settling this matter sooner (i.e at a discounted rate). I believe this to be inequitable. They should have supplied it when I first required it. Nonetheless, how do the helpful souls here suggest I respond to their evidence via Popla? |
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Wed, 19 Sep 2018 - 17:16
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#25
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
Para #10 of the contract says that ECP doesn't have the authority to take legal action
The contract states only that Sainsbury's is the client and doesn't explain its connection to the location Who is J. Jones ? There's no indication of his/her position in the company Who or what is Sainsbury's ? I would have expected J Sainsbury plc or its subsidiary to insist on its correct name in a contract |
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Wed, 19 Sep 2018 - 17:52
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#26
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Member Group: Members Posts: 153 Joined: 24 May 2015 Member No.: 77,413 |
Clause 6 of the contract is interesting.
It only authorises ECP to take legal action to recover charges from drivers charged for unauthorised parking. No mention of keeper. -------------------- |
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Thu, 20 Sep 2018 - 10:58
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#27
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
So your comment has to point out that they are unable to take legal action against you as Keeper in their own name, meaning they fail to comply withteh BPA CoP.
The contract isnt with a legal entity, and as such has no validity. "Sainsburys" does not eist as a person or legal entity. This post has been edited by nosferatu1001: Thu, 20 Sep 2018 - 10:59 |
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Thu, 18 Oct 2018 - 09:04
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#28
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New Member Group: Members Posts: 4 Joined: 18 Jan 2016 Member No.: 81,832 |
Just to let you know, you didn't correctly redact your details in the evidence pack, it's possible to see read it fully unredacted. You should redact the images and save as an image before converting to PDF.
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Tue, 23 Oct 2018 - 14:11
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#29
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Member Group: Members Posts: 173 Joined: 2 Dec 2010 Member No.: 42,588 |
Bad news guys. Popla have rejected my appeal.
Click here for the Rejection letter I guess this is the end of the line and I now have to pay the outstanding amount? This post has been edited by samosa111: Tue, 23 Oct 2018 - 14:11 |
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Tue, 23 Oct 2018 - 14:35
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#30
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Why on earth would you think that?
Noone pays ECP! |
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Wed, 24 Oct 2018 - 09:37
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#31
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Member Group: Members Posts: 173 Joined: 2 Dec 2010 Member No.: 42,588 |
QUOTE (nosferatu1001 @ Tue, 23 Oct 2018 - 15:35) Why on earth would you think that? Noone pays ECP! I'm just concerned someone (bailiffs etc) knocking on the house door intimidating my Mrs whilst I'm at work. Are they truly toothless? Do they never take further legal action to recover debts? |
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Wed, 24 Oct 2018 - 10:07
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#32
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 Member Group: Members Posts: 56,260 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
You are aware of the process to get to a Bailiff knocking at your door?
1/ They send a Letter Before Claim/Action 2/ They issue a county court claim 3/ They win in court 4/ You still don't pay despite losing in court 5/ They pay extra to employ bailiffs (which AFAIK has NEVER happened for a single ticket, they've only bothered with multi tickets where they can get it over £600 and use high court enforcement officers) to recover the debt. The only route they can take is via court, knocking on your door would be a Harassment, they sometimes get phone numbers but you tell them to put everything in writing and block the number. -------------------- 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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Wed, 24 Oct 2018 - 10:09
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#33
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Member Group: Members Posts: 9,985 Joined: 20 Aug 2008 Member No.: 21,992 |
They can't appoint bailiffs as a result of a POPLA decision.
They can only appoint bailiffs with a court order, for which they need to take you to court, you lose, and then you refuse to settle the judgement within a month. You'd know about that happening. Not sure how litigious they are, but their "contract" with 'Sainsbury's' (not even a legal entity!) if it is genuine (something I doubt), prevents them from taking legal action in their own name anyway. I wouldn't be paying them, but that's me. If I were them, I wouldn't want a judge to look at that contract with Sainsbury's. This post has been edited by ManxRed: Wed, 24 Oct 2018 - 10:09 -------------------- Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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