DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 67416--------------------------------------------------
NtK - Euro Car Parks
DIR By: StfuECP
Date: April 16, 2025, 12:17 pm
---------------------------------------------------------
Hi,
England.
TLDR: Euro Car Parks want £100 for parking in their car park for
14 minutes. The driver parked there having been told they were
exempt.
The driver went to view a flat. The landlord told them to park
behind building A and said that they were covered by a residents
permit. The driver saw the ECP sign but, having been told they
were covered by a residents permit parked up, walked round to
the flat and when they got no answer called the landlord. Turned
out he'd given the driver the wrong building. He should have
sent the driver to building B which is next door and has it's
own car park. The driver left the car park after 14 minutes.
What's the best course of action here please?
[attachment deleted by admin]
#Post#: 67442--------------------------------------------------
Re: NtK - Euro Car Parks
DIR By: b789
Date: April 16, 2025, 1:59 pm
---------------------------------------------------------
There is no legal obligation on the known keeper (the recipient
of the Notice to Keeper (NtK)) to reveal the identity of the
unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which
means that if the unknown driver is not identified, they cannot
transfer liability for the charge from the unknown driver to the
known keeper.
Use the following as your appeal. No need to embellish or remove
anything from it:
--- 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 ---
#Post#: 67465--------------------------------------------------
Re: NtK - Euro Car Parks
DIR By: StfuECP
Date: April 16, 2025, 4:25 pm
---------------------------------------------------------
Oh wow, this is fantastic. I had posted elsewhere and just been
told I had no hope and to pay it. I'm currently going through a
separation and paying this would have completely broken me.
Thank you so much stranger!
#Post#: 67477--------------------------------------------------
Re: NtK - Euro Car Parks
DIR By: DWMB2
Date: April 16, 2025, 5:42 pm
---------------------------------------------------------
Sorry to hear about the separation.
Keep an eye on your spam folder for ECP's reply. They will
reject your appeal. When they do we can advise on a POPLA
appeal. If they reject, it'll eventually be passed on to
solicitors, who, the vast majority of the time, eventually
discontinue the case when it is defended with our support.
#Post#: 70750--------------------------------------------------
Re: NtK - Euro Car Parks
DIR By: StfuECP
Date: May 9, 2025, 4:37 pm
---------------------------------------------------------
Hi,
Thanks for your help so far. I've now had a reply as attached.
Any advice greatly appreciated.
[attachment deleted by admin]
#Post#: 71274--------------------------------------------------
Re: NtK - Euro Car Parks
DIR By: StfuECP
Date: May 13, 2025, 8:55 am
---------------------------------------------------------
Hi, apologies if this isn't best practice, but bumping this in
the hopes someone can advise me on the next steps to take with
the above.
Thanks for any assistance.
#Post#: 71286--------------------------------------------------
Re: NtK - Euro Car Parks
DIR By: b789
Date: May 13, 2025, 9:16 am
---------------------------------------------------------
The POPLA code is actually valid until 10th June, so no rush.
However, in the meantime you can do a search of the forum for
other POPLA appeals and put something together yourself and show
it to us before you send anything so that we can advise on
whether you need to include, remove or edit anything it it
before you send it.
#Post#: 71432--------------------------------------------------
Re: NtK - Euro Car Parks
DIR By: StfuECP
Date: May 14, 2025, 5:41 am
---------------------------------------------------------
Thanks, I'm reading through other POPLA appeals now.
I think I understand that my main arguement is going to be that
because the NtK was not fully compliant with PoFA 2012 they
cannot hold me, the keeper, liable.
What I'm not sure about is what in their NtK isn't compliant.
What have they missed or left out?
Thanks.
#Post#: 71434--------------------------------------------------
Re: NtK - Euro Car Parks
DIR By: StfuECP
Date: May 14, 2025, 5:45 am
---------------------------------------------------------
I've noticed alot of appeals also reference signage,
unreasonable charges and land owner issues. Is this something I
should include in my appeal? Images of signage attached above.
#Post#: 71436--------------------------------------------------
Re: NtK - Euro Car Parks
DIR By: StfuECP
Date: May 14, 2025, 5:50 am
---------------------------------------------------------
So reading these other POPLA appeals, they appear to rely on
lack of compliance with paragraph 4 of PoFA 2012. The NtK they
sent me reads as though it does comply.
Am I misunderstanding this?
*****************************************************
Page 1 of 6
DIR Next Page