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#Post#: 119388--------------------------------------------------
Re: Euro Car Parks PCN - Parked without a valid Pay by Phone
transaction- Horse & Barge, Reading
DIR By: Riz101
Date: May 21, 2026, 5:32 am
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Thanks, I have submitted the appeal yesterday. Waiting for
rejection from now on.
I will come back for the great help that is provided here once I
receive rejection.
Many thanks! Keep up the fantastic work guys much appreaciated.
#Post#: 119721--------------------------------------------------
Re: Euro Car Parks PCN - Parked without a valid Pay by Phone
transaction- Horse & Barge, Reading
DIR By: Riz101
Date: May 25, 2026, 5:47 pm
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Hi, I received the rejection the next day. Below are the
pictures of the pdf received.
HTML https://ibb.co/F46hHfmP
HTML https://ibb.co/Q7VVYQcX
HTML https://ibb.co/cpwMpK6
HTML https://ibb.co/Z67RNFX6
#Post#: 119725--------------------------------------------------
Re: Euro Car Parks PCN - Parked without a valid Pay by Phone
transaction- Horse & Barge, Reading
DIR By: InterCity125
Date: May 26, 2026, 1:14 am
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Euro Car Parks POPLA Appeal
I am the Registered Keeper of the vehicle in question and, since
the driver is not known to the operator, I will be making my
representations purely as keeper.
I understand that, under 'POPLA Rules', I must set out my appeal
points and the parking operator must rebut them?
Non compliance with PoFA 2012.
The parking operators NtK fails to comply with PoFA and, as a
result, liability cannot be passed from driver to keeper.
In particular, the NtK fails to satisfy the legal requirements
of PoFA Schedule 4 Paragraph 9(2)(e), 9(2)(e)(i) and
9(2)(e)(ii).
This non compliance is immediately fatal to the operators
reliance on PoFA.
Paragraph 9(2)(e), 9(2)(e)(i) and 9(2)(e)(ii) sets out the
following;
THE NOTICE MUST STATE that the creditor does not know both the
name of the driver and a current address for service for the
driver and invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify
the creditor of the name of the driver and a current address for
service for the driver and to pass the notice on to the driver;
So, in order to establish compliance, we must examine the
operators NtK.
An examination of the legislation surrounding 9(2)(e) reveals
that compliance is achieved by the setting out of the statutory
wording immediately followed by a two limbed 'invitation to the
keeper' to either 'pay the unpaid parking charges' or 'nominate
another driver'.
So, to make this really easy, in the first instance, we are
looking for the specific statutory wording set out in 9(2)(e)
itself.
The legislation specifies that THE NOTICE MUST STATE, "that the
creditor does not know both the name of the driver and a current
address for service for the driver"
An examination of the operators NtK reveals that the statutory
wording is not present.
This is immediately fatal to the operators reliance on PoFA.
However, to demonstrate my appeal point further, the NtK is then
required to present a two limbed 'invitation to the keeper'
which 'invites the keeper' to either 'pay the unpaid parking
charges' or 'if the keeper was not the driver of the vehicle, to
notify the creditor of the name of the driver and a current
address for service for the driver and to pass the notice on to
the driver'
Please again note the exact wording of the statute;
That the notice must state that the creditor does not know both
the name of the driver and a current address for service for the
driver AND invite the keeper— blah blah blah
I have capitalised the word AND for good reason since the word
AND demonstrates that compliance is only achieved if the
operator is able to demonstrate that both legs of the AND logic
have been satisfied.
Please note (and I apologise for sounding like a Junior School
Teacher) that a 'warning to the keeper' is not 'an invitation to
the keeper' - The words 'warn' and 'invite' have very different
meanings and it is important that the correct wording is
understood and applied when examining the NtK since other terms
of the legislation require that 'a warning' be set out on the
NtK - I understand that some POPLA assessors have become
confused on this issue in the past and have inadvertently
applied the reversed meanings - to be clear, a warning is not an
invite.
So, back to the two limbed invitation to the keeper - when the
NtK is examined the two limbed invitation is not present.
Nor is there an 'invitation to the keeper to pay the unpaid
charges' - this is also the specific requirement of 9(2)(e)(i).
So, as I am sure you can see, there are multiple compliance
issues on the operators NtK.
So,
APPEAL POINT ONE - That the operators NtK does not contain the
legally required mandatory wording required by 9(2)(e), namely;
"the creditor does not know both the name of the driver and a
current address for service for the driver" - I therefore ask
the operator to specifically rebut this appeal point by
supplying a copy of the relevant NTK, to the POPLA Assessor,
with an orange rectangle around the wording, "the creditor does
not know both the name of the driver and a current address for
service for the driver" - for total clarity, please do not
include any other notations on the provided NtK - just the
orange rectangle.
APPEAL POINT TWO - That, subsequent to the statutory wording
required by 9(2)(e), the operators NtK does not set out the
mandatory two legged invitation to the keeper to either pay the
unpaid parking charges or nominate another driver - Once again,
I ask the operator to specifically rebut this appeal point by
supplying a copy of the NtK which clearly sets out, in an orange
rectangle, the two legged legal invitation which the legislation
requires in order to be compliant.
APPEAL POINT THREE - That, in accordance with 9(2)(e) and
subsequently 9(2)(e)(i), the NtK must 'invite the keeper to pay
the unpaid parking charges' - Once I again I ask the operator to
prove that the NtK complies with this requirement - please
demonstrate the 'invitation to the keeper to pay the unpaid
charges' - Please do not confuse this 'invitation' with any
'warning to keeper' contained in the requirements of 9(2)(f).
If both the Parking Operator and the POPLA Assessor could use my
numbered points then this would be very useful and should ensure
that all appeal points are correctly addressed.
Best wishes,
xxxxx xxxxxxx
#Post#: 119989--------------------------------------------------
Re: Euro Car Parks PCN - Parked without a valid Pay by Phone
transaction- Horse & Barge, Reading
DIR By: Riz101
Date: May 29, 2026, 6:18 am
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Thank you, I have submitted the wording as suggested in the
appeal to POPLA.
kind regards
#Post#: 122289--------------------------------------------------
Re: Euro Car Parks PCN - Parked without a valid Pay by Phone
transaction- Horse & Barge, Reading
DIR By: Riz101
Date: June 18, 2026, 7:12 pm
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Hi,
I have received an email below from POPLA, do I need to respond?
as deadline is in 7 days
Your parking charge appeal against Euro Car Parks - EW.
Euro Car Parks - EW has now uploaded its evidence to your
appeal. This will be available for you to view by clicking here
Please note: some evidence may not show immediately, if it is
not currently available on your account please check back later
before contacting us.
You have seven days from the date of this correspondence to
provide comments on the evidence uploaded by Euro Car Parks -
EW.
Please note that these comments must relate to the grounds of
appeal you submitted when first lodging your appeal with POPLA,
we do not accept new grounds of appeal or evidence at this stage
Any comments received after the period of seven days has ended
will not be considered and we will progress your appeal for
assessment. Therefore, if you have any issues with the evidence
uploaded by Euro Car Parks - EW such as being unable to view it
online, please contact POPLA immediately via phone - 0330 1596
126, or email - info@popla.co.uk, so that we can look to rectify
this as soon as possible.
After this period has ended, we will aim to issue our decision
as quickly as possible. The decision we reach is final and
binding. When the decision is reached there is no further option
for appeal.
Yours sincerely
POPLA Team
#Post#: 122292--------------------------------------------------
Re: Euro Car Parks PCN - Parked without a valid Pay by Phone
transaction- Horse & Barge, Reading
DIR By: InterCity125
Date: June 19, 2026, 12:54 am
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Can you upload the evidence pack?
Does their evidence address the individual appeal points?
#Post#: 122359--------------------------------------------------
Re: Euro Car Parks PCN - Parked without a valid Pay by Phone
transaction- Horse & Barge, Reading
DIR By: Riz101
Date: June 19, 2026, 7:38 am
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--- Quote from: InterCity125 link ---
>
> Can you upload the evidence pack?
>
> Does their evidence address the individual appeal points?
>
--- End Quote ---
Sure, I will find a way to upload.
I don't think they are addressing the appeal points. They have
provided a sample NTK not the one sent to me.
#Post#: 122493--------------------------------------------------
Re: Euro Car Parks PCN - Parked without a valid Pay by Phone
transaction- Horse & Barge, Reading
DIR By: Riz101
Date: June 20, 2026, 11:50 am
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--- Quote from: InterCity125 link ---
>
> Can you upload the evidence pack?
>
> Does their evidence address the individual appeal points?
>
--- End Quote ---
Here is the complete document, with personal information
redacted.
Please advise on the response and kindly let me know if any
issue in opening the document.
HTML https://drive.google.com/file/d/1FYKE3rnxWUez-eam4Pwjfk_Y2IdnaLBR/view?usp=drive_link
#Post#: 122507--------------------------------------------------
Re: Euro Car Parks PCN - Parked without a valid Pay by Phone
transaction- Horse & Barge, Reading
DIR By: InterCity125
Date: June 21, 2026, 1:22 am
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You need to make it accessible.
#Post#: 122513--------------------------------------------------
Re: Euro Car Parks PCN - Parked without a valid Pay by Phone
transaction- Horse & Barge, Reading
DIR By: Riz101
Date: June 21, 2026, 4:41 am
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--- Quote from: InterCity125 link ---
>
> You need to make it accessible.
>
--- End Quote ---
Sharing multiple links in case one doesn't work, please check
again, thanks
HTML https://drive.google.com/file/d/1FYKE3rnxWUez-eam4Pwjfk_Y2IdnaLBR/view?usp=sharing
HTML https://drive.google.com/file/d/1FYKE3rnxWUez-eam4Pwjfk_Y2IdnaLBR/view
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