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       #Post#: 59289--------------------------------------------------
       Re: Euro Car Parks - PCN for overstaying Sainsburys Penn Inn
   DIR By: ixxy
       Date: February 22, 2025, 6:15 am
       ---------------------------------------------------------
       Ok, Google street view suggests there were two fairly obvious
       signs at the entrance you would have driven past to enter the
       car park and there are others signs within the car park. The
       images are 2 years old so could be out of date. The parking
       company will have images of their signage and where it is placed
       so will undoubtedly counter your pictures unless you can show
       the signage is no longer where it was originally placed.
       Appreciate you are a long way from court, just pointing out your
       2 defence points, lack of signage and b789s wording issue are
       unlikely to succeed at either the PPC  appeals stage or at POPLA
       unless you have additional evidence you haven't shared. Of
       course it's up to you how you wish to proceed.
       #Post#: 59296--------------------------------------------------
       Re: Euro Car Parks - PCN for overstaying Sainsburys Penn Inn
   DIR By: b789
       Date: February 22, 2025, 6:52 am
       ---------------------------------------------------------
       The PoFA 9(2)(e)(i) argument is a very valuable point that can
       be argued. However, with all due respect
       [member=4074]ixxy[/member] makes an unqualified generalisation
       that every operator ignored this point and so it has never been
       a winning point in any court case.
       Many of the operators do include the “invitation” in their NtKs
       and of those, almost every one of them include the word
       “invitation” and simply lift the wording directly from PoFA:
       --- Quote ---
       > As we do not know both the name of the driver and a current
       address for service for the driver, you are now invited to
       either—
       >
       > [indent](i)to pay the unpaid parking charges; or
       >
       > (ii)if you were not the driver of the vehicle, to notify us of
       the name of the driver and a current address for service for the
       driver and to pass this notice to the driver.[/indent]
       --- End Quote ---
       That is all they need to comply with 9(2)(e)(i). Many do and we
       do not use that point in any argument if they do.
       However, just because no case has been won on that point
       alone... yet, does not mean that it should not be used. Even if
       it were a winning point in a claim at a hearing, does not make
       it binding or even persuasive point for future claims. Unless
       the point is appealed and is subsequently successful, then it
       would become persuasive but not binding on judges in the lower
       court.
       But ask yourself why it has not been a winning point in a case
       to date? That is because every single case that I’ve assisted
       on, and there have been hundreds over the last year or so alone
       since I introduced this point, has never reached a hearing in
       front of a judge.
       That does not mean that it should be dismissed as a worthless
       point. Since I realised that this was a valid point in many
       cases, I have had lengthy discussion about it with a district
       judge and he agreed that it is a valid point and if it were ever
       raised as a defence in any of the private parking cases he
       hears, he would accept that as a valid point.
       Until now, no one has actually pleaded that in a defence that he
       has had to judge. That is down to the fact that no one else has
       used that argument, mostly because it is overlooked by those
       advising on defences.
       Just recently, the very first case that I have been advising on
       has actually been scheduled for a hearing in person. The defence
       did not even mention 9(2)(e)(i) because it was based on
       procedural failures by the claimant.
       However, it is the very first case where the procedural judge
       ignored all the procedural failings in the PoC. A WS has now
       been produced for the defendant and it is scheduled to be argued
       at a hearing, assuming the claimant doesn't discontinue, as is
       their MO.
       The argument about 9(2)(e)(i) can be seen in the WS here:
  HTML https://www.ftla.uk/private-parking-tickets/court-claim-for-not-purchasing-a-ticket-(i-did)/msg59256/#msg59256
       This case is also with ECP. However, unusually, ECP appears to
       have been the landowner at the time of the alleged
       contravention, which may be why they decided to pursue it. As
       the hearing fee has not yet been paid, there is every likelihood
       that it will also be discontinued. We'll see.
       #Post#: 59297--------------------------------------------------
       Re: Euro Car Parks - PCN for overstaying Sainsburys Penn Inn
   DIR By: b789
       Date: February 22, 2025, 7:00 am
       ---------------------------------------------------------
       --- Quote from: amis66 link ---
       >
       > Thanks, I looked at that page and it clearly states that they
       do not accept appeals via that web form.
       >
       --- End Quote ---
       Send it anyway. Any initial appeal is going to be rejected
       whatever is in it. If you're only after the POPLA code, the
       simply send the following via their webform:
       --- Quote ---
       > I am the keeper of the vehicle and I dispute your 'parking
       charge'. I deny any liability or contractual agreement and I
       will be making a complaint about your predatory conduct to your
       client landowner.
       >
       > As your Notice to Keeper (NtK) does not fully comply with ALL
       the requirements of PoFA 2012, you are unable to hold the keeper
       of the vehicle liable for the charge. Partial or even
       substantial compliance is not sufficient. There will be no
       admission as to who was driving and no inference or assumptions
       can be drawn. ECP has relied on contract law allegations of
       breach against the driver only.
       >
       > The registered keeper cannot be presumed or inferred to have
       been the driver, nor pursued under some twisted interpretation
       of the law of agency. Your NtK can only hold the driver liable.
       ECP have no hope at POPLA, so you are urged to save us both a
       complete waste of time and cancel the PCN.
       --- End Quote ---
       The only other option is to send the appeal in a formal
       complaint to ECP using the same form, as they are obliged to
       treat any complaint as an appeal according to PPSCoP section
       11.2 which states:
       --- Quote ---
       > Where a parking operator receives a complaint that it
       considers to be or include an appeal against the validity of a
       parking charge, the parking operator must also treat it as an
       appeal for the purposes of applying the timescales in Clause
       8.4, and should inform the complainant as such unless and until
       it is clear that the complaint is not relevant to an appeal or
       the complainant informs the parking operator that they do not
       wish it to be so handled.
       >
       > NOTE: It might not be immediately apparent that a complaint
       served as such relates to one or more specific parking charges,
       possibly by way of a clarification that reveals that an appeal
       would be worthwhile, hence parking operators are advised to
       record and handle complaints as appeals until they are found
       conclusively not to be so or patently refer to matters not
       relevant to the validity of a parking charge.
       --- End Quote ---
       Don't try to overthink this. If POPLA doesn't work, then you
       still don't pay and wait for the inevitable claim form and
       defend it with our assistance. No one who is here receiving our
       advice and following it pays a penny to ECP.
       #Post#: 61253--------------------------------------------------
       Re: Euro Car Parks - PCN for overstaying Sainsburys Penn Inn
   DIR By: amis66
       Date: March 7, 2025, 3:27 pm
       ---------------------------------------------------------
       As expected the appeal has been rejected.
       On to POPLA appeal.
  HTML https://i.imgur.com/nf22Nfs.jpeg
  HTML https://i.imgur.com/njnrEY7.jpeg
  HTML https://i.imgur.com/cYVrr69.jpeg
       #Post#: 61271--------------------------------------------------
       Re: Euro Car Parks - PCN for overstaying Sainsburys Penn Inn
   DIR By: amis66
       Date: March 7, 2025, 6:01 pm
       ---------------------------------------------------------
       This is my first draft of the appeal, any suggestions?
       Dear POPLA Adjudicator,
       I am writing to appeal the Parking Charge Notice issued by Euro
       Car Parks for the alleged parking contravention on 30/01/2025 at
       Sainsbury’s, Newton Abbot. My appeal is based on multiple
       grounds, including the operator's failure to comply with the
       Protection of Freedoms Act 2012 (POFA) and other procedural and
       evidential shortcomings.
       1. Failure to Comply with POFA Schedule 4
       a. Non-Compliance with Paragraph 9(2)(e)(i): Required Invitation
       Under POFA Paragraph 9(2)(e)(i), the Notice to Keeper (NTK) must
       explicitly invite the keeper to pay the parking charge or
       provide the driver’s details. However, the wording on the back
       of the NTK does not fulfil this requirement. Instead of a clear
       invitation, the NTK states:
       "You are advised that if, after the period of 28 days… we do not
       know both the name and current address of the driver, we have
       the right to recover any unpaid part of the parking charge from
       you…”
       This language is unclear and fails to meet the strict legal
       standard. The NTK does not properly invite the keeper to take
       the specified actions but instead shifts the burden onto them
       with vague and non-compliant wording.
       b. Non-Compliance with Paragraph 9(2)(f): Keeper Liability
       Timeframe
       POFA Paragraph 9(2)(f) specifies that the parking charge becomes
       payable by the keeper only if it remains unpaid for 28 days
       after the NTK is deemed delivered. The NTK incorrectly states
       that payment is required “28 days from the issue date.” This
       misrepresentation creates a procedural defect and misleads the
       keeper about their liability.
       2. Breach of BPA Code of Practice
       a. Early Debt Recovery Threats
       The NTK threatens debt recovery action before the full appeal
       period has expired, contrary to Section 8.1.2(e) of the BPA Code
       of Practice. This unfair practice disregards the required
       timelines and further undermines the validity of the Parking
       Charge Notice.
       b. Signage: Inadequate and Unclear
       The signage at the site fails to meet the standards set out in
       BPA Code of Practice Section 19. Specifically:
       Poor Night-Time Visibility: The signs are not illuminated or
       reflective, making them impossible to read after dark. Drivers
       cannot reasonably be expected to comply with terms they cannot
       see.
       Ambiguity Regarding “Store Opening Hours”: The phrase “during
       store opening hours” is not defined. With both a Sainsbury’s and
       McDonald’s on-site, which have differing hours, it is unclear
       which store the signage refers to.
       Failure to Display Key Terms Clearly: The terms and conditions
       outlined on the signage are not legible from a driver's position
       in the car. The font size is too small, and important
       information, such as restrictions or conditions of parking, is
       not prominently displayed. This makes it difficult for drivers
       to understand or comply with the stated terms, especially when
       attempting to read the signage while entering or parking their
       vehicle.
       c. Signage: Poor Placement and Lack of Visibility from All
       Directions
       The signage at the entrance to the car park is not visible to
       drivers approaching from all directions. Specifically:
       Inadequate Positioning: When entering the car park from Torquay
       Road, into Keyberry Road and then into the car park, the sign is
       positioned behind the driver’s left shoulder, making it
       impossible for the driver to view it clearly without stopping
       and turning their head significantly. This means the signage
       cannot be reasonably seen through the front windscreen of a
       vehicle upon entry.
       Non-Compliance with BPA Code of Practice: Section 19 of the BPA
       Code of Practice mandates that signage must be placed so that it
       is clearly visible to drivers when entering the site. The
       current placement of the sign fails to meet this standard, as it
       does not ensure clear and unambiguous communication to all
       motorists.
       Due to this placement issue, drivers entering the car park
       cannot be expected to see, read, or agree to the terms of
       parking. This lack of visibility undermines the formation of a
       valid contract between the driver and the operator.
       3. Lack of Landowner Authority
       In accordance with Section 7 of the BPA Code of Practice, Euro
       Car Parks is required to have written authority from the
       landowner to issue parking charges and pursue enforcement. I
       request that POPLA demand the operator provide:
       A full, unredacted copy of their contract with the landowner.
       Proof that the contract was valid on the date of the alleged
       contravention.
       If this evidence is not supplied, it must be concluded that Euro
       Car Parks does not have the authority to issue or enforce this
       Parking Charge Notice.
       Summary of Failures
       Non-compliance with POFA Paragraphs 9(2)(e)(i) and 9(2)(f).
       Threatening early debt recovery in breach of BPA Code of
       Practice.
       Inadequate and ambiguous signage, failing to form a valid
       contract.
       Failure to provide proof of landowner authority.
       Given these significant issues, the Parking Charge Notice is
       unenforceable, and I request that POPLA uphold this appeal and
       cancel the charge in full.
       This appeal is submitted with reference to the applicable legal
       and procedural requirements, and I trust POPLA will give due
       regard to these points.
       Yours faithfully,
       
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