EPS PCN - appeal rejected - <5 mins. Harvest Energy Petrol Station 367-369 Dudley road brum B184HB

[HGL-23]

Hi, I am new to this forum and have come here for advice for a friend who has received a PCN for parking at a petrol station for less than 5 mins.

 

The signs states for permitted users only.  

 

An Appeal was sent to the operators, which was rejected, with option to appeal to IAS.  

However, when they tried to go on IAS (within timeframe) it did not allow them to and message said it did not recognise PCN or registration.  

The message from IAS advised to contact operator.

 

 Email sent to operator, but have they have had no response from them either.

 They are now out of time for the appeal to IAS.
 

If someone is able to advise on this it would be much appreciated or whether my friend should just pay up before the costs rise further.

 

Thank 

 

HGL-23

[FTMDave]

The IAS is well known here.  A corrupt, kangaroo court which always sides with the private parking companies.  Appealing is a waste of time, and even worse when a motorist appeals they generally give away legal protections.

 

Good news!  The various Codes of Practice allow a grace period of at least 5 minutes.

 

Please fill in the forum sticky which will give us the information necessary to fight these fleecers.

 

 

[dx100uk]

no he does not pay it and the increase is fake unicorn food tax.

 

shame he appealed and most probably dobbed himself in as the driver removing protection under POFA2012.

 

can you please complete this:

and scan up all in/out comms/appeals/letters(bothsides) /email to one multipage PDF

read our upload guide carefully

 

 

 

[HGL-23]

1 Date of the infringement 28/10/22

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 1/11/22

 

3 Date received 7/11/22
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Y
 

5 Is there any photographic evidence of the event? Y
 

6 Have you appealed? [Y/N?] post up your appeal] Y
 

Have you had a response? [Y/N?] post it up Y
 

7 Who is the parking company? EPS

 

8. Where exactly [carpark name and town] Harvest Energy Petrol Station
 

For either option, does it say which appeals body they operate under. IAS

 

 

[FTMDave]

Thanks.

 

We need to see the charlatans' invoice.

[HGL-23]

Thank you all for responding.  

 

I will get hold of all the comms and post up (redacted copies) as soon as I have them to hand, hopefully tomorrow, if that is okay?

 

Regards, 

 

HGL-23

 

 

[dx100uk]

need the exact location too.

 

dx

[brassnecked]

There will be plenty wrong with their contention for sure parking and garage/filling stations especially with a shop or food concession on them are obtuse and confusing very often with regard to parking and T &C's thereof..

[jaycee113]

Having gone down the route of appealing to the PPC and then to the IAS, only to be stumped by the PPC failing to provide correct information for the IAS appeal, this also rules out an appeal to POPLA. I can't see any court standing for such an abuse of process.

[HGL-23]

Hi All, 

 

Thank you for responding.  Sorry for the delay in getting back to you.  Please find attached all comms in/out.  Please let me know if you required anything further.

 

Regards, 

 

HGL-23

EPS PCN - appeal rejected. Harvest Petrol station docs.pdf

 

Sorry, I tried to scan them in order, but it came out wrong, but hopefully you will be able to work it out from the dates.  Thanks,

[FTMDave]

Thank you.

 

That is the fleecers' case blown totally out of the water.

 

The government CoP allows a 5-minute consideration period, as does the BPA one and even the IPC allow a "reasonable" time ...which I doubt any judge would rule as less than 01:40.

 

Well done to your mate for not outing themselves as the driver.

 

EPS are very unlikely to do court.

 

Even if they do, they'll bottle it before the hearing - look at what happened today, the last page at 

https://www.consumeractiongroup.co.uk/topic/432762-eps-anpr-pcn-ignored-loc-now-claimform-29-sec-stay-shoulder-of-mutton-birmingham-claim-discontinued/page/5/#comments  which is a virtually-identical case.

 

Your mate needs to ignore the coming deforestation.

 

But to come back here if the fleecers ever dare send a Letter of Claim or similar.

[HGL-23]

Thanks FTMDave, I was in two minds about this, as their sign says 'whilst on car park'.  They did leave site briefly, but it was brought to their attention that they have been issuing tickets.

[FTMDave]

Bu the fleecers have no proof of that.  They just have photos of the car.  Your mate could easily have popped into the 24-hour shop and not found what they were looking for or got out to read the signs and decided not to stay.  EPS are a member of the BPA and the BPA allow the 5 minutes.

 

I presume this is the place.

Harvest Energy Petrol Station.pdf

[FTMDave]

So what do the fleecers reckon your mate did in the mighty 1 minute and 40 seconds the bloodsuckers reckon they left the site?  Went into the Turkish restaurant on the left and had a full meal?  Or perhaps entered the carpet shop on the right and had a look at a load of carpets before deciding to purchase one?

 

The invoice is laughable and the charlatans haven't a chance.

 

In fact it's not even 1 minute and 40 seconds, that includes the time your friend pulled in, parked, got out of the car, ...  then committed a heinous crime such as walking to the centre of Birmingham ... got back into the car and left the premises!!!

[HGL-23]

They have several photos, around 22 in total. 

 

However, the intention was to get petrol, as they were about to hit the motorway. 

 

As they are not local to the area, they were looking for the cashpoint and they were given directions of the cashpoint being around that location. 

 

They stopped there briefly to go look for the cashpoint, not realising they had one on site. 

 

However, the driver then realised that he had left his cards at home, as they had been rushing around.

 

But, as you say the fleecers want their money, so they don't care how times are tough and that people are struggling to heat their homes.  

[FTMDave]

OK, this changes things - but not to the fleecers' advantage.

 

They had some creep taking photos of the car, rather than an ANPR capture.

 

In that case they are supposed to leave a windscreen ticket, and then post their invoice 29-56 days afterwards, to establish keeper liability under Schedule 4 of the Protection of Freedoms Act.  They did none of this.

 

No respect of POFA.  No respect of consideration period.  Fleecers knackered.

 

Just to be absolutely sure, when you have time, can you please upload all 22 photos?  I know it's a pain, but better to be safe ...

[HGL-23]

Yes, I will do.  I will try to get this done tomorrow evening. 

 

Should I block the faces off?

 

Also, I was looking at the deadlines for payment/appeal etc, have they calculated it correctly?  I thought there supposed be a 'presumed to have received' within 2 days of posting.  However, they did not get it until 6 days later?

[dx100uk]

let's just be clear here , ANY video evidence of who was where at what time is totally immaterial to a speculative invoice claim, , a fleecer CANNOT use any footage , from whatever source, to identify individuals, that is totally against GDPR.

 

 

[brassnecked]

Their appeal rejection does them no favours    

"Any unauthorised vehicle found parked onsita Is liable for a parking charge notice (PCN) . Unauthorised
vehicles must not park on the premises In any condition or extenuating circumstance ."

They cannot remove a potential =act of God say breakdow or other emergency, that implies that a Police vehicle on a shoiyt is liable for a charge if it stops there to investigate a robbery there.

 

They have no leg to stand on all in all.

[FTMDave]

10 hours ago, HGL-23 said:

Should I block the faces off?

It depends on what the people being photographed are comfortable with.

 

Ideally we'd like to see everything the fleecers have sent you.

 

Also, at what stage did these 22 photos appear?  The charlatans just generally send out their PCN with two photgraphs, followed by reminder letters.