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#Post#: 87782--------------------------------------------------
Euro Car Parks - Notice to Keeper - Swallow Street Birmingham
DIR By: liverpoolpcn
Date: August 30, 2025, 5:25 am
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Hello,
POsting on behalf of a family member. The driver forgot to click
confirm on the parking screen and pay for parking.
I understand as this this ticket is issued under POFLA the
driver is liable for the PCN - is this correct?
HTML https://ibb.co/jkxfJHVL
HTML https://ibb.co/ztggxhN
Would anyone be able to advise of any irregularities or how best
to proceed with this PCN?
Thank you.
#Post#: 87822--------------------------------------------------
Re: Euro Car Parks - Notice to Keeper - Swallow Street
Birmingham
DIR By: liverpoolpcn
Date: August 30, 2025, 1:49 pm
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Please see my draft letter. It turns out parking was in fact
paid for!
--- Quote ---
> To whom it may concern,
> I am the Registered Keeper of this vehicle. I was not the
driver.
> Chronology of Events
> On 15th August 2025 the driver entered the Swallow Street Car
Park at 09:25:46, as captured by an ANPR camera.
> After considering the parking terms and charge, and
downloading the necessary app to purchase parking, the driver
purchased parking. Parking was paid for at 09:34, for four
hours, as can be seen from the attached receipt.
> The driver left returned to the car and left the car park at
13:36:19.
> A Parking Charge Notice was issued on the grounds of ‘the
vehicle was parked without a valid pay by phone transaction’.
> Grounds for Appeal
> The driver paid for parking. The time between arrival and
purchasing a parking ticket using the RingGo app is less than 10
minutes, which accounts for the time taken to download the
necessary app and make payment for the parking session.
> The Single Code of Practice, to which Euro Car Parks is a
signatory, details in Annex B that a grace period of at least 10
minutes should be allowed. The period between entry at 09:25 and
purchase at 09:34 is within this permitted time.
> The ticket expired at 13:34, and the vehicle exited at 13:36.
The time between the end parking and leaving the car park is
less than two minutes, again which falls within the grace
period.
> The driver complied with the terms of parking. The charge is
therefore invalid and should not have been issued.
> Furthermore, I note that your ‘Notice to Keeper’ is not fully
compliant with ALL the requirements of Protection of Freedoms
Act 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.
> In light of the above, I respectfully request that this
Parking Charge Notice be cancelled.
> Please confirm cancellation of the charge, or alternatively
provide a POPLA code so that this matter may be referred to
independent adjudication.
> Yours faithfully,
--- End Quote ---
#Post#: 87827--------------------------------------------------
Re: Euro Car Parks - Notice to Keeper - Swallow Street
Birmingham
DIR By: DWMB2
Date: August 30, 2025, 2:59 pm
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Your references to grace periods are slightly inaccurate. It is
one period added to the end of any period of parking, you don't
get one at the start and one at the end.
They're essentially charging for a 1 minute overstay, which is
arguably rather sharp practice, but the parking company would
argue enforcement must start somewhere.
If making the point about the app, I'd reframe that the minimum
grade period is insufficient in this case.
It might be better to focus on the PoFA point.
#Post#: 87832--------------------------------------------------
Re: Euro Car Parks - Notice to Keeper - Swallow Street
Birmingham
DIR By: liverpoolpcn
Date: August 30, 2025, 4:54 pm
---------------------------------------------------------
Thank you for this. I have posted an updated response, which I
hope is clearer?
--- Quote ---
> Grounds for Appeal
> Ground 1: The driver paid for parking.
> The time between entry to the car park and purchasing a
parking ticket using the RingGo app is less than 10 minutes. The
Single Code of Practice, to which Euro Car Parks is a signatory,
details in Annex B that a grace period of at least 10 minutes
should be allowed. The period between entry at 09:25 and
purchase at 09:34 is within this permitted time. Given the need
to find a space, download an app, register, input card details
and purchase a parking session, I would suggest that this grace
period is insufficient.
> The parking session expired at 13:34, and the vehicle exited
at 13:36. The time between the end of the parking and leaving
the car park is less than two minutes, again which falls within
the grace period. I would note that the time that the driver
starts moving the car (i.e. is no longer parked) and the time
that the vehicle leave the car park, are not the same and the
time taken to move from the parking space and leave the site are
not overstaying ‘parking’.
> In short, the driver complied with the terms of parking. The
charge is therefore invalid and should not have been issued.
> Ground 2: The Notice to Keeper is non-compliant with PoFLA.
> Furthermore, I note that your ‘Notice to Keeper’ is not fully
compliant with ALL the requirements of Protection of Freedoms
Act 2012. Partial or even substantial compliance is not
sufficient. As the notice is non-compliant, you are unable to
hold the keeper of the vehicle liable for the charge. There will
be no admission as to who was driving, and no inference or
assumptions can be drawn.
> In light of the above, I respectfully request that this
Parking Charge Notice be cancelled.
> Please confirm cancellation of the charge, or alternatively
provide a POPLA code so that this matter may be referred to
independent adjudication.
>
--- End Quote ---
#Post#: 87834--------------------------------------------------
Re: Euro Car Parks - Notice to Keeper - Swallow Street
Birmingham
DIR By: jfollows
Date: August 30, 2025, 5:16 pm
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PoFA, not PoFLA.
What’s with the “L”?
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4
#Post#: 87875--------------------------------------------------
Re: Euro Car Parks - Notice to Keeper - Swallow Street
Birmingham
DIR By: b789
Date: August 31, 2025, 6:35 am
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I wouldn’t worry too much whether the appeal succeeds or not. If
it doesn’t, either initially or at POPLA, it will go through the
process of useless debt recovery letters which can be safely
ignored and eventually a claim will be issued which, when
defended using our advice will eventually be struck out or
discontinued.
If your appeals fail, then you will still not have to pay a
penny to ECP if you follow the advice.
#Post#: 87885--------------------------------------------------
Re: Euro Car Parks - Notice to Keeper - Swallow Street
Birmingham
DIR By: H C Andersen
Date: August 31, 2025, 7:54 am
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Parking was paid for at 09:34, for four hours, as can be seen
from the attached receipt.
And where's this receipt?
'The vehicle was parked without a valid Pay by Phone
transaction'.
Nothing to do with time on site as such, address the allegation
which IMO is best done with a receipt which shows that parking
rights existed until ***** which was after the time of exit.
#Post#: 87960--------------------------------------------------
Re: Euro Car Parks - Notice to Keeper - Swallow Street
Birmingham
DIR By: liverpoolpcn
Date: September 1, 2025, 5:15 am
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Hello - here is the receipt.
HTML https://ibb.co/4RrKCSK0
R/e PoFA, not PoFL - I confused PoFA wit POPLA! Now updated and
correct.
I will submit the appeal tomorrow. Thank you all.
#Post#: 91545--------------------------------------------------
Re: Euro Car Parks - Notice to Keeper - Swallow Street
Birmingham
DIR By: liverpoolpcn
Date: September 25, 2025, 4:21 pm
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Hello,
I have today received this notice of rejection.
HTML https://ibb.co/qMjNnrWD
Please advise what next steps would be appropriate? I assume an
appeal on the same grounds to PoPLA?
#Post#: 91596--------------------------------------------------
Re: Euro Car Parks - Notice to Keeper - Swallow Street
Birmingham
DIR By: b789
Date: September 26, 2025, 5:28 am
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Yes. There are many examples of POPLA appeals you can use just
by searching the forum, especially with this operator. Just use
anything.
Do not be surprised if the POPLA appeal is unsuccessful. You
will see that eventually, they will issue a county court claim
and as long as you defend it with our advice, the claim will
never reach a hearing as it will either be struck out or
discontinued.
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