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#Post#: 22693--------------------------------------------------
Parking Charge Notice Euro car park -Fullwell Cross Leisure
Center
DIR By: technicaldna
Date: May 16, 2024, 7:08 am
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Hi, hope you can help. Driver was in the car park to pick up
kids from swimming lessons at Fullwell Cross Leisure Center,
Ilford.
I, the registered keeper, received a PCN through the post a £60
parking charge notice from Euro Car Parks.
Driver registers the car reg using the computer screen at
reception inside the center
but after talking to reception their view is driver might have
entered the wrong number plate or it didn't go through and
offered no help.
Can you help and guide what to do? Thanks.
[attachment deleted by admin]
#Post#: 22695--------------------------------------------------
Re: Parking Charge Notice Euro car park
DIR By: WhoLetTheScamsOut
Date: May 16, 2024, 7:43 am
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Can a mod please take down both images. PCN number visible at
front and reg visible on back page
#Post#: 22696--------------------------------------------------
Re: Parking Charge Notice Euro car park
DIR By: DWMB2
Date: May 16, 2024, 7:48 am
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Thanks for spotting - OP please reattach with info redacted as
above.
#Post#: 22701--------------------------------------------------
Re: Parking Charge Notice Euro car park
DIR By: technicaldna
Date: May 16, 2024, 8:26 am
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thanks new images uploaded
#Post#: 22710--------------------------------------------------
Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure
Center
DIR By: b789
Date: May 16, 2024, 9:24 am
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Appeal only as the keeper... it'll be refused. Appeal to POPLA,
only as the keeper, to include the fact that ECP has not
complied with all the strict requirements of PoFA 2012, namely
9(2)(e)(i)
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted<br
/>in that there is no invitation for the keeper to now pay the
charge, in that NtK.
Add all the usual POPLA appeal points.
#Post#: 22728--------------------------------------------------
Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure
Center
DIR By: technicaldna
Date: May 16, 2024, 11:35 am
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What should be included when appealing as the keeper? I visited
the leisure center, and they confirmed there's a record in the
swim class on that day and time. They suggested that if I
appeal, Euro Car Parks might overturn the charge based on this
evidence.
My question is, if appeal on these grounds with evidence, can i
later use the argument that "ECP has not complied with all the
strict requirements of PoFA 2012, namely 9(2)(e)(i), in that
there is no invitation for the keeper to now pay the charge, in
the NtK" when appealing to POPLA?
#Post#: 22729--------------------------------------------------
Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure
Center
DIR By: DWMB2
Date: May 16, 2024, 11:44 am
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--- Quote ---
> they confirmed there's a record in the swim class on that day
and time
--- End Quote ---
Does that record include confirmation of the vehicle's VRM and
confirmation that the driver registered the vehicle? If not,
then it's unlikely to constitute evidence that the driver
complied with the terms of parking. Are the leisure centre the
landowner? If so, you should try to politely pressure them into
intervening, rather than throwing you to the lions that they
hired!
Photos of the signage might be useful for later down the track,
too.
#Post#: 22760--------------------------------------------------
Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure
Center
DIR By: b789
Date: May 16, 2024, 5:54 pm
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You are appealing a the keeper. They have sent the PCN to you,
the registered keeper. They have no idea who was driving.
You say that the driver, whoever it was, did this or that. No
“…I parked” or “…I drove” etc.
Only the driver is liable for the alleged charge. If you want to
tell them that you were the driver, then you are liable. If they
don’t know who was driving, then they cannot transfer that
liability to you, the keeper if they have not fully complied
with the strict requirements of PoFA.
How you use the evidence from the leisure centre to show that
the driver did not breach any contract with the PPC because they
were authorised to park there that day is up to you. It’s not
rocket science.
Here’s. A suggestion to get you started:
“I appeal as the keeper of the vehicle. The driver, on the date,
was authorised to park at the location as they were patrons of
the leisure centre as evidenced by blah, blah, blah. As your NtK
failed to fully comply with the strict requirements of PoFA
because you failed to include the required invitation for the
keeper to pay the charge as required in PoFA 9(2)(e)(i) and
there is no legal obligation for me to name the driver and I
will not be doing so. Please cancel this PCN and save us both
time and money or issue me a POPLA code where you will have it
confirmed that you cannot hold me, the keeper, liable.”
#Post#: 22780--------------------------------------------------
Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure
Center
DIR By: H C Andersen
Date: May 17, 2024, 3:37 am
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OP, you posted:
but after talking to reception their view is driver might have
entered the wrong number plate or it didn't go through and
offered no help.
Please take us through the registration process step-by-step.
See page 11 here:
HTML https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/Version91.2.2024Highlight.pdf
Major and minor keying errors.
Bear in mind that the 'invitation to driver to pay' defence has
a chequered history at POPLA - it will be rejected by ECP, bank
on it - and therefore a 'minor keying error' must result in
cancellation of the PCN by ECP, and 'major' to a reduction in
the charge to £20 for 14 days after ECP respond but revert to
the full charge thereafter.
Let's take the latter example and depending on the specifics
which gave rise to such an error, why would anyone want to risk
£80 at POPLA given the less-than-certain outcome?
IMO this is not as black and white as is suggested.
#Post#: 22783--------------------------------------------------
Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure
Center
DIR By: b789
Date: May 17, 2024, 4:04 am
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Of course it is not "black and white". It never will be as long
as this industry remains unregulated.
I would place money on them not accepting a keying error. What I
would place money on is them hoping that the victim is
low-hanging fruit on the gullible tree and paying up at the
first sign of pressure in the form of a POPLA refusal, debt
collector letter or once they hand it to DCB Legal to issue a
claim.
However, as long as the OP does not capitulate, we all know that
a DCB Legal issued claim will eventually be discontinued as long
as they use the robust template defence. Sadly, far too many
low-hanging fruit don't have the fortitude or knowledge to hold
out and end up funding these scammers.
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