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#Post#: 53758--------------------------------------------------
Euro Car Parks fine PCN - Debt Recovery Plus - Accidental
incorrect location code
DIR By: hello123
Date: January 17, 2025, 3:43 am
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In August, we parked at a Euro Car Parks site and entered the
location code incorrectly into the paybyphone app. We got one
number incorrect in the sequence, which meant we paid for
parking at a Euro Car Parks site that was different to the site
we were parked in. We paid for the parking and left well within
the time we had paid for. The signs were poorly displayed as
they were dirty. It was dark and the signs were poorly lit.
We received a £100 PCN from Euro Car Parks which we appealed to
POPLA. POPLA then refused the appeal stating 'it was up to them
[us as the appellant] to make sure they’d made valid payment for
the correct car park'. Earlier today we received a letter from
Debt Recovery Plus stating we must pay £170 fine next week. I am
the Register Keeper of the vehicle.
The POPLA appeal assessor acknowledges human error and the
mistake in their assessment. We paid for the parking to Euro Car
Parks fine, just in a different location to the site we parked
in - by mistake.
I am reluctant to pay the hefty fine considering we paid Euro
Car Parks for the parking. It feels to me like we have good
grounds to win the case, should this be taken to a small claims
court.
Please could you let me know what you thoughts are from a legal
perspective? Are Euro Car Parks likely to take this to small
claims if we don't pay the fine given the circumstances? What
happens if we continue to not pay the fine?
Any help would be greatly appreciate so we decide the best
course of action. Thank you.
#Post#: 53759--------------------------------------------------
Re: Euro Car Parks fine PCN - Debt Recovery Plus - Accidental
incorrect location code
DIR By: Dave65
Date: January 17, 2025, 3:56 am
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First it is NOT a fine, it is an invoice.
They have added the usual £70 for recovery and this would be
challenged in any defence as many courts in the passed have not
allowed this.
#Post#: 53845--------------------------------------------------
Re: Euro Car Parks fine PCN - Debt Recovery Plus - Accidental
incorrect location code
DIR By: b789
Date: January 17, 2025, 10:39 am
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If you follow our advice, you will not be paying a penny to ECP.
It is quite obvious that you are the typical low-hanging fruit
on the gullible tree that ECP and their ilk love to prey on.
As already stated, it is not and never can be a "fine". I will
personally pay you £100 for every occurrence of that word in any
of the correspondence you have received. It is not a criminal
matter and you have not committed any "offence". A Parking
Charge Notice (PCN) issued to you as a postal Notice to Keeper
(NtK) by an unregulated private parking company is nothing more
than a speculative invoice for an alleged breach of contract by
the driver. Why would you want to pay an invoice that you have
not agreed to?
The POPLA appeal rejection is not binding on you. It does not
mean that you now owe ECP anything.
You must simply ignore DRP+. They are a powerless debt collector
that is not a party to the contract allegedly breached by the
driver. Never, ever, ever enter into communication with a
powerless debt collector. You can safely ignore their letters.
Use them as kindling or to line the bottom of a litter tray.
Ignore.
You are right to want this to go to a claim in the county court,
which it will do. The next bit of correspondence you need to
look out for is a Letter of Claim (LoC) which is going to come
from DCB Legal. When you receive that, let us know.
Eventually an N1SDT Claim Form will arrive from the CNBC which
will need to be dealt with and we will advise on that when you
show it to us. We will provide a suitable defence.
I can say with 99.99% certainty that any claim will be
discontinued in due course as long as it is defended. They rely
on the low-hanging fruit to capitulate once litigation starts
but when the time comes for them to pay the trial fee, they move
on to more gullible defendants.
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