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#Post#: 22789--------------------------------------------------
Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure
Center
DIR By: DWMB2
Date: May 17, 2024, 4:28 am
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I think the above is useful context, so that the OP (and others
in similar situations) go into things with their eyes open,
knowing there might not be a quick fix if they plan to fight it.
(as an aside, are ECP issuing claims again these days [albeit
oft-discontinued]? They went very court shy for a period)
#Post#: 22791--------------------------------------------------
Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure
Center
DIR By: technicaldna
Date: May 17, 2024, 4:44 am
---------------------------------------------------------
Thanks for your help. I really appreciate your time and valuable
insight. I'm a little confused, so what should the keeper do to
keep things simple
Should the keeper appeal as below?
"I appeal as the keeper of the vehicle. The driver, on the date
in question, was authorized to park at the location as they were
patrons of the leisure centre, as evidenced by [provide
evidence]. 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). 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."
And if they offer a £20 discount, should the keeper take it?
#Post#: 22794--------------------------------------------------
Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure
Center
DIR By: b789
Date: May 17, 2024, 4:53 am
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> (as an aside, are ECP issuing claims again these days [albeit
oft-discontinued]? They went very court shy for a period)
>
--- End Quote ---
Yes. Whilst ECP never used to be litigious, they now use DCB
Legal to try and scare their victims into funding their scam.
For single PCN claims, DCB Legal will never proceed to a hearing
as long as the defendant uses a robust defence as per the
template we suggest. It is a numbers game for them. Out of the
tens of thousands of claims they issue every month, there are
enough that result in the low-hanging fruit capitulating and
even more that end up as CCJs in default for them not to bother
with any that are robustly defended.
#Post#: 22798--------------------------------------------------
Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure
Center
DIR By: b789
Date: May 17, 2024, 5:01 am
---------------------------------------------------------
--- Quote from: technicaldna link ---
>
> Thanks for your help. I really appreciate your time and
valuable insight. I'm a little confused, so what should the
keeper do to keep things simple
>
> Should the keeper appeal as below?
>
> "I appeal as the keeper of the vehicle. The driver, on the
date in question, was authorized to park at the location as they
were patrons of the leisure centre, as evidenced by [provide
evidence]. 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). 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."
>
> And if they offer a £20 discount, should the keeper take it?
>
--- End Quote ---
That is what I would recommend you send as your appeal. They may
or, more likely, won't accept it. However, they will have to
issue you a POPLA code so that you can then appeal through their
mendaciously titled "independent" appeals service. At least
POPLA, unlike their competitor, the IAS, appear to have much
higher ratio of successful appeals to refusals.
At the end of the day, even if the POPLA appeal is unsuccessful,
it has no bearing on what happens next. You'd go through a spell
of receiving numerous debt collector letter which you can safely
ignore. Whilst appearing to be scary to the untrained eye, they
are powerless to do anything and are relying on the victims
gullibility and lack of knowledge to succumb and pay into their
scam.
What you eventually want is a county court claim. Again, they
are hoping that the sight of a county court claim will cause you
to poop your pants and capitulate into paying their now much
increased sum. As long as the claim is defended using the robust
template defence that we provide, this will eventually lead to a
discontinuation once they know that you are not that low-hanging
fruit as described earlier. Anyone paying a penny to these
shysters is a fool and their money when they are easily
defeated.
If they offer you a £20 charge, it is up to you whether you take
it or not. Personally, I wouldn't accept it out of principle and
knowing that if I just let this run its course, they will
discontinue and I won't have paid them a penny and they'll have
incurred charges for their POPLA code and their court fees.
#Post#: 23162--------------------------------------------------
Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure
Center
DIR By: technicaldna
Date: May 20, 2024, 6:09 am
---------------------------------------------------------
Can you please check my draft appeal? Does it look fine or
should I amend it?
I appeal as the keeper of the vehicle. The driver, on the date
in question, was authorized to park at the location as they were
patrons of the leisure center, as evidenced by [provide
evidence].
The driver made their best endeavors to comply with the system
and entered the vehicle details, and can only think the
iPad/device signal/software failed, which is out of the driver’s
control.
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).
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.
Should you obtain the registered keeper's data from the DVLA
without reasonable cause, please take this as formal notice that
I reserve the right to sue your company and the
landowner/principal, for a sum not less than £250 for any Data
Protection Act breach. Your aggressive business practice and
unwarranted threat of court for the ordinary matter of a driver
using my car without causing any obstruction nor offense, has
caused significant distress to me.
I do not give you consent to process data relating to me or this
vehicle. I deny liability for any sum at all, and you must
consider this letter a Section 10 Notice under the Data
Protection Act. You are required to respond in writing to the
address below within 21 days. I have kept proof of submission of
this appeal and look forward to your reply.
#Post#: 23163--------------------------------------------------
Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure
Center
DIR By: b789
Date: May 20, 2024, 6:13 am
---------------------------------------------------------
Don’t understand why you have added the last two paragraphs.
They are nothing to do with an appeal. Maybe use them as a
separate complaint but I’d remove them from the appeal.
They’ve already obtained the keepers details with reasonable
cause.
#Post#: 25464--------------------------------------------------
Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure
Center
DIR By: technicaldna
Date: June 10, 2024, 3:27 am
---------------------------------------------------------
Thank you to everyone who helped. Euro Car Parks (ECP) has
rejected my appeal for the following reasons and provided
options and have given me the Unique POPLA Verification Code.
Please advise on what to do next:
"The Site: Fullwell Cross Leisure Centre - Ilford
Breach of Terms and Conditions:
No valid pay and display/permit was
purchased
Having carefully considered the supporting evidence provided by
you, Euro Car Parks (ECP) have
decided to reject your appeal for the following reasons:
 The Site is operated by Automatic Number Plate
Recognition (ANPR) system. ANPR
cameras have captured an image of the vehicle registration mark
LK63VBZ entering and
leaving The Site and calculated the duration of stay.
 When purchasing a pay and display ticket or mobile
payment session, payment is required for
the full duration of your stay and for the full and correct
vehicle registration mark. Signage at
the site clearly details the terms and conditions that you must
adhere to.
 After checking the providers mobile payment and/or pay
and display machine audit reports for
your stay there are no transactions for the vehicle registration
mark.
 Please be advised that members must register their full
name and correct vehicle registration
details via the console on site. The Parking Charge Notice was
issued correctly as the driver
has failed to follow the correct procedure on this occasion. I
have investigated and your VRM
is not on the console on this day and no payment has been made
for parking therefore the
Parking Charge Notice was issued correctly and remains payable.
Please find the
attachment.
 Euro Car Parks do not need to provide evidence of who
was driving the vehicle, it is the
registered keeper’s responsibility to inform of the full name
and address within 28 days
beginning with the day after the notice was given. If the full
amount remains unpaid, under
Schedule 4 of the Protection of Freedoms Act 2012 (‘the Act’),
Euro Car Parks have the right
subject of the Act to recover from the keeper of the vehicle at
the time it was parked so much
of that amount which remains unpaid, therefore, the notice was
issued correctly and remains
payable.
 If you were not the driver, please provide a UK
serviceable address with full name of the
driver to col@eurocarparks.com, in order to process a change of
liability on your behalf. If
C1 MB
such information will not be provided, the notice will remain
payable with you as Registered
Keeper.
The parking charge notice has been issued correctly and remains
payable.
Please use one of the following options below to make payment
for the amount of £60.00:
1. Online: By visiting
HTML https://www.eurocarparks.com/pay-a-parking-charge/
1. Phone: Use the automated telephone service 0203 553 4559.
2. Post: Make your cheque payable to Euro Car Parks Limited
(include a £2.50 handling charge
for cheque processing) and post to Euro Car Parks Ltd, 30 Dorset
Square, London, NW1
6QJ, quoting the PCN number on the reverse of the cheque.
The parking charge notice will be held for 14 days from the date
of this letter to allow time to make
payment.
You have now reached the end of our internal appeals procedure.
You can make an appeal to the Independent Appeals Service, POPLA
(Parking on Private Land
Appeals) using the unique POPLA Reference code provided above.
Please note, should you decide
to appeal to POPLA, or if you appeal to POPLA and your appeal is
subsequently rejected, the option
to pay the discounted amount will no longer be available and the
Full Amount of the PCN will be due.
Please note - if the parking charge notice was issued in
Scotland and or Northern Ireland, only “The
Driver” can appeal to POPLA.
If you decide to appeal to POPLA, you will need to visit the
website, www.popla.co.uk where further
details of how to appeal (either online or by downloading the
relevant forms) can be found. If the
driver is unable to access the website, please use the contact
us page at
HTML https://www.popla.co.uk/contact.
Please ensure that the POPLA
Reference Number as noted above is
quoted on all correspondence to POPLA. You have 28 days from the
date of this letter to submit an
appeal to POPLA. If you appeal to POPLA, the parking charge
notice will be placed on hold.
Appeals may not be accepted if payment is made against the
Parking Charge Notice, including any
appeals logged via POPLA.
If you choose to ignore this letter, we will seek to recover the
outstanding amount owed to us through
the debt recovery process and procedure, this may lead to court
action against you.
By law, we are also required to inform you that the Ombudsman
Services (www.ombudsman-
services.org) provides an alternative dispute resolution service
that would be able to assist with your
appeal. Please note, we have not chosen to participate in their
dispute resolution service and as such,
should you wish to appeal then you must do so to POPLA, as
detailed above.
Yours sincerely
PCN Coordinator
Parking Charge Notice Department"
#Post#: 25493--------------------------------------------------
Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure
Center
DIR By: The Rookie
Date: June 10, 2024, 5:51 am
---------------------------------------------------------
--- Quote from: technicaldna link ---
>
> I appeal as the keeper of the vehicle. The driver, on the date
in question, was authorized to park at the location as they were
patrons of the leisure center, as evidenced by [provide
evidence].
>
> The driver made their best endeavors to comply with the system
and entered the vehicle details, and can only think the
iPad/device signal/software failed, which is out of the driver’s
control.
>
--- End Quote ---
All irrelevant to your eky appeal point, delete.
--- Quote from: technicaldna link ---
>
> Should you obtain the registered keeper's data from the DVLA
without reasonable cause, please take this as formal notice that
I reserve the right to sue your company and the
landowner/principal, for a sum not less than £250 for any Data
Protection Act breach. Your aggressive business practice and
unwarranted threat of court for the ordinary matter of a driver
using my car without causing any obstruction nor offense, has
caused significant distress to me.
>
> I do not give you consent to process data relating to me or
this vehicle. I deny liability for any sum at all, and you must
consider this letter a Section 10 Notice under the Data
Protection Act. You are required to respond in writing to the
address below within 21 days. I have kept proof of submission of
this appeal and look forward to your reply.
>
--- End Quote ---
Fails the common sense test, they already have the data, they
are processing it and have every right to at this moment in
time, not sure where you got this drivel from but that's what it
is.
#Post#: 25494--------------------------------------------------
Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure
Center
DIR By: DWMB2
Date: June 10, 2024, 5:56 am
---------------------------------------------------------
You're a bit late, Rookie. The appeal has already been sent and
rejected (presumably sent without the extraneous stuff about the
DPA, as b789 wisely advised removing this).
OP, your next stop is POPLA. Your appeal to them should ideally
be more detailed, leading the assessor through each point
explicitly.
#Post#: 26005--------------------------------------------------
Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure
Center
DIR By: technicaldna
Date: June 14, 2024, 10:18 am
---------------------------------------------------------
Can you please help or guide me with appeal templates? Is there
any example I can look at?
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