Euro Car Parks PCN

[DavidSam]

Today I have received a letter from Euro Car Park stating that I have to pay £100 (£60 if paid within 14 days)

because the car parked in Crown Street Car Park/Bolton

 

They put the photos of the number plate and the in and out time.

It was only 15 minutes.

The other thing, My friend who used the car did not leave it.

He stayed inside the car and then drove off

 

It was on 23/01/15 afternoon time

 

The letter says that:

On the 23/01/15 you were the registered keeper of the vehicle:

Or you have been named by the registered keeper as the driver when there was a breach of terms and conditions of parking.

 

We are using cameras to capture images of vehicles entering and leaving the car park and calculate their length of stay.

Signage on the car park clearly informs of the terms and conditions.

 

The parking charge notice xxxxxxxxxx has been issued because the vehicle was parked at crown street

- Bolton, Crown street, , Bolton, BL1 2RU.

 

 

As no valid pay and display/permit was purchased this was in breach of the terms and conditions at this site.

 

It then mentions Schedule 4 of the protection of freedoms act 2012.

 

Please tell me what to do

[dx100uk]

await the notice to keeper

 

 

as this is an ANPR capture

follow like threads.

 

 

just remember its a speculative invoice

easily batted away

 

 

dx

[DavidSam]

Thanks for the reply.

I am the register keeper of the car.

 

I have received the letter today. See the letter attached

 

[ATTACH]55707[/ATTACH]

Edited January 31, 2015 by DavidSam

[ericsbrother]

they have fulfilled the requirements of para 9 of the PoFA for number plate capture. However the car aprk signage says patrolled car park so there is grounds for saying notice to driver should have been attached to vehicle but I doubt if that subtlety will be considered.

There is an understood definition as to what parking is so your friend should be able to tell you whether he was "waiting" or looking for a space, considering their contract and then declining the conditions and so left or whatever.

Euro car parks have problems with their letters inasmuch as they ask for a fee for accepting payment and that is now unlawful so it does rather make their claim harder to press.

I would appeal to them stating that the driver did not park but merely considered the contract offered and decided that they could not agree to it and left. They will undoubtedly disagree with that but then you get to appeal to POPLA, which costs them money and you stand a very good chance of winning that appeal for more than one reason.

[DavidSam]

Dear Ericsbrother

thanks a lot for your prompt and helpful reply. I just appealed online and I will follow with a written appeal by post on Monday. I will make sure I have a record of the mail.

 

I have written in my appeal

 

 

Dear Sir/Madam,

 

As the registered keeper of vehicle reg. no. ### ###, I am not liable for this charge.

 

Please cancel this parking charge notice forthwith, or alternatively provide a validation code for the independent appeals service POPLA

 

 

Best Regards

[ericsbrother]

But you are liable for the chage if it is legally claimed,

that is what the PoFA is all about as far as the parking co's are concerned.

 

 

The only plus side of writing that is the parking co doesnt have a clue as to what you intend to say to POPLA

so they will supply the code.

 

 

The minus side is you have to appeal to POPLA rather than them giving up as a money saving exercise.

 

 

It makes me happy they will have to spend their ill-gotten from elsewhere on this but it means more time and effort for you.

[DavidSam]

Thanks

Will they come back to me saying what it is my reason?

[DavidSam]

My appeal was online. Tomorrow or the day after, I will follow it up with a letter by post. I could say the same statement above and mention a reason.

 

What do you think?

[armadillo71]

I would always advise the Registered Keeper denying liability for a parking charge notice.

 

The POFA specifies that the 'keeper' at the time of the event can be held liable.

 

' "keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper; '

 

This allows another route for the RK. Along with all the usual appeal points we know make the charge unenforceable...

 

OP- Use the original appeal and add in the middle ,ericsbrothers point about the driver considering the contract offered, but then declining and leaving...

 

This does allow a way of Euro not going to POPLA and canceling the charge at first appeal.

 

But they may not....

[DavidSam]

Thanks armadillo71 for your input. Yes I will consider your advice.

 

One other thing, if they rejected the appeal and provided the code and I appealed to POPLA, will the discounted price deadline still be reserved until I get a response from POPLA?!

[armadillo71]

If you want to pay them money they are not entitled to, then pay the ' discount ' now...

 

But you have come here for advice, so have a read here;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?405805-PPC-Successes-(No-Questions-please)/page6

 

Those threads show you cancelled parking charge notices.

[DavidSam]

Got it armadillo71.

 

thanks

[armadillo71]

[Nev Met]

Dear Ericsbrother

thanks a lot for your prompt and helpful reply. I just appealed online and I will follow with a written appeal by post on Monday. I will make sure I have a record of the mail.

 

I have written in my appeal

 

 

Dear Sir/Madam,

 

As the registered keeper of vehicle reg. no. ### ###, I am not liable for this charge.

 

Please cancel this parking charge notice forthwith, or alternatively provide a validation code for the independent appeals service POPLA

 

 

Best Regards

 

The single point that "As the registered keeper I am not liable for this charge" is, in my opinion, insufficient and therefore dangerously close to not being a genuine appeal/challenge. You are therefore running the risk of being 'timed out' on your 28 day window to appeal.

 

I would definitely follow this up, sooner rather than later, with a more substantive appeal in order to ensure that you at least qualify for a POPLA code.

 

The BPA Ltd have given their members a lot of leeway with what is a genuine appeal and what isn't and it is a fact of life that both the BPA Ltd and the DVLA will side with the PPC on these sort of issues.

[DavidSam]

hi all

Thanks to everybody for the help

Till today I have not received any writing from the car park team

 

I have just checked the PCN in their website and the message I got

"This ticket has already been paid or has been closed"

 

So I am assuming it has been cancelled

[armadillo71]

hi all

Thanks to everybody for the help

Till today I have not received any writing from the car park team

 

I have just checked the PCN in their website and the message I got

"This ticket has already been paid or has been closed"

 

So I am assuming it has been cancelled

 

 

I would assume that as well...

 

 

Take a screen shot or print out of the page.

 

 

Could you just clarify what you sent as your appeal please?