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#Post#: 110883--------------------------------------------------
Re: Eurocarparks PCN - Overstayed Time Limit - Sainsbury’s
Balham - Final Notification Letter
DIR By: jfollows
Date: February 24, 2026, 2:01 am
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--- Quote from: Ronnos link ---
>
> Hi InterCity125, and thanks so much for the response,
>
> It's interesting to see how the NTK doesn't appear compliant,
yet they continue to send them out anyway...
>
--- End Quote ---
They don’t care because lots of people just pay up, and out of
those who appeal and get their appeals rejected “after careful
consideration” many of them then also pay up. The percentage of
people who carry on refusing to pay is small, because people get
scared by debt collectors and “CCJ”.
#Post#: 111055--------------------------------------------------
Re: Eurocarparks PCN - Overstayed Time Limit - Sainsbury’s
Balham - Final Notification Letter
DIR By: Ronnos
Date: February 24, 2026, 6:07 pm
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Thanks InterCity125 and jfollows for your comments, I really
appreciate your time, and everyone has been very helpful.
A brief update, due to a family health situation requiring my
attention, I wasn't able to sit down until 22.55pm on 24th
February to get this submitted. Interestingly, as I logged in
and was in the process of submission, the website timed out, and
lost my progress.
Upon refreshing things, I needed to log in again, and lost the
option to submit my comments.
I received an email at 23:00pm on the 24th February, stating as
follows:
'We are writing to update you about your appeal.
Your appeal is now ready to be assessed and is currently in a
queue waiting to be allocated. We expect to make a decision on
your appeal 6-8 weeks from the point that the appeal was first
submitted. The next communication that you will receive from us
will be the decision on your appeal.'
I find this peculiar given I had 7 days from the date of the
original email on the 17th February to add comments. With no cut
off time provided, the day surely wasn't over by 23:00.
Anyway, for what it is worth, I have written an email to
info@popla.co.uk, stating the above, and asking for them to add
the comments by InterCity125 to my appeal. This was sent at
23:50 on the 24th February.
I will update the thread with any responses, or the result of
the appeal, whichever may occur first.
Thanks to all again.
#Post#: 115318--------------------------------------------------
Re: Eurocarparks PCN - Overstayed Time Limit - Sainsbury’s
Balham - Final Notification Letter
DIR By: Ronnos
Date: April 7, 2026, 8:39 pm
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Hello everyone, and I hope all had a fantastic Easter!
As expected, the Popla appeal failed. I include what was written
below:
----------
Decision:
Unsuccessful
Assessor Name:
Redacted
Assessor summary of operator case:
The parking operator issued the parking charge notice (PCN) as
the vehicle has overstayed the maximum time period allowed.
Assessor summary of your case:
The appellant raised the following points from their grounds of
appeal: • The Protection of Freedoms Act 2012 (PoFA) 9(2)(e)(i)
states that the notice must invite the keeper to pay and not the
driver. • The notice to keeper does not invite the keeper to pay
and it only addresses the driver. • The parking operator cannot
transfer liability to the registered keeper. • They did not
receive a PCN at all and the final notification did not contain
any timestamped images of the vehicle entering and leaving the
site. • This does not conform with section 7.3 of the Code of
Practice. • The parking operator has not provided any evidence
of landowner authority as per section 14 of the Code of
Practice. After reviewing the parking operator’s evidence, the
appellant reiterates their grounds of appeal.
Assessor supporting rational for decision:
When assessing an appeal, POPLA considers if the parking
operator issued the parking charge notice correctly and if the
driver complied with the terms and conditions for the use of the
car park on the day. The appellant has identified as the keeper
of the vehicle on the day of the parking event. As the driver
has not been identified, I am considering the appellant’s
liability for the PCN, as the registered keeper. The Protection
of Freedoms Act (PoFA) 2012 is a law that allows parking
operators to transfer the liability to the registered keeper in
the event that the driver is not identified. For a notice to
keeper to be compliant with the PoFA 2012, as detailed in
section 9(2)(e) it needs to: “(i) to pay the unpaid parking
charges; or (ii) if the keeper was not the driver of the
vehicle, to notify the creditor of the name of the driver and
current address for service for the driver and to pass the
notice on to the driver;” This is the exact wording in PoFA and
explicitly uses the word ‘or’ and not ‘and’. Whilst I appreciate
the notice invites the driver to pay the unpaid parking charge
rather than the keeper, the notice does contain the second part
of this expectation. Therefore, I am satisfied that the PCN
meets this obligation under PoFA in order to transfer liability.
I am also satisfied that the initial PCN was issued to the
keeper within the relevant time period. This means the parking
operator has successfully transferred liability to the
registered keeper. The parking operator provided evidence of the
signs on the car park, which advise that a £100 PCN will be
issued to drivers who exceed the two-hour maximum stay. The
vehicle was captured on site for two hours and 34 minutes. The
Private Parking Sector Single Code of Practice sets the
standards that parking operators are required to comply with.
Section 7.3 of the Code relates to the initial PCN issued. There
is no requirement for the final notice to contain the automatic
number plate recognition (ANPR) images. The initial PCN that was
sent did contain the relevant ANPR images to show the period of
parking. I cannot hold the parking operator liable for any
correspondence that may not have been received by the appellant.
If the appellant wishes to pursue any dispute regarding this
matter, they will need to contact the Royal Mail. Section 14.1
of the Single Code of Practice states that where controlled land
is being managed on behalf of a landowner, written confirmation
must be obtained before a parking charge can be issued. In this
case, the parking operator has provided a letter of authority
with the landowner. This confirms that the contract commenced in
June 2024 and is current. After considering the evidence from
both parties, the motorist overstayed the maximum time period
allowed and therefore did not comply with the terms and
conditions of the site. As such, I am satisfied the parking
charge has been issued correctly and I must refuse the appeal.
For any queries regarding payments, the appellant will need to
contact the parking operator directly because POPLA is not
involved with the financial aspect of the parking charge.
----------
I assume I am correct to now wait for further documentation from
what is expected to be a claim from DCB Legal?
Thanks again to all in advance.
#Post#: 115319--------------------------------------------------
Re: Eurocarparks PCN - Overstayed Time Limit - Sainsbury’s
Balham - Final Notification Letter
DIR By: Beachway
Date: April 7, 2026, 8:50 pm
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DCB Legal will harass,threaten and generally abuse your unborn
first child. They will issue a claim, but will fold on your
response, then move onto easier prey. Their pofa wording has
never been tested in court, and it never will. IF they win , all
they can claim is costs, ie no legal fees, just like you cant if
you win. Its just not worth their effort.
#Post#: 115436--------------------------------------------------
Re: Eurocarparks PCN - Overstayed Time Limit - Sainsbury’s
Balham - Final Notification Letter
DIR By: Ronnos
Date: April 9, 2026, 7:59 am
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[member=8427]Beachway[/member] Thanks for the response. Other
members had stated exactly this.
Nevermind, I shall await further news, and post back than.
Thanks everyone again for taking the time to read and advise,
it's much appreciated.
#Post#: 115495--------------------------------------------------
Re: Eurocarparks PCN - Overstayed Time Limit - Sainsbury’s
Balham - Final Notification Letter
DIR By: InterCity125
Date: April 10, 2026, 1:30 am
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What was the Assessor's name please?
We can write a complaint.
That is possibly one of the worst POPLA responses I've ever seen
where the Assessor demonstrates absolutely no understanding of
PoFA requirements and also demonstrates a complete inability to
read even the most simple requirements of the text.
Also, the Assessor deliberately skips over the missing mandatory
wording.
#Post#: 115501--------------------------------------------------
Re: Eurocarparks PCN - Overstayed Time Limit - Sainsbury’s
Balham - Final Notification Letter
DIR By: ixxy
Date: April 10, 2026, 3:47 am
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--- Quote from: InterCity125 link ---
>
> Just copy it directly.
>
> I am expecting this POPLA appeal to be successful.
>
--- End Quote ---
Really, how many appeals to POPLA using this defence do you need
to see rejected to concede that POPLA at least doesn't agree
with you? Use the defence as a holding position on the road to
(hopefully) discontinuation but stop,suggesting to people tha
they have strong grounds to appeal using this argument, time and
time again we are seeing these appeals rejected.
#Post#: 115506--------------------------------------------------
Re: Eurocarparks PCN - Overstayed Time Limit - Sainsbury’s
Balham - Final Notification Letter
DIR By: InterCity125
Date: April 10, 2026, 4:55 am
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It worked last week with an ECP appeal.
#Post#: 115516--------------------------------------------------
Re: Eurocarparks PCN - Overstayed Time Limit - Sainsbury’s
Balham - Final Notification Letter
DIR By: Ronnos
Date: April 10, 2026, 7:13 am
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[member=6750]InterCity125[/member] I redacted the name incase of
any potential privacy issues, but since you ask, their name was
Bethany Young.
#Post#: 115518--------------------------------------------------
Re: Eurocarparks PCN - Overstayed Time Limit - Sainsbury’s
Balham - Final Notification Letter
DIR By: ixxy
Date: April 10, 2026, 7:52 am
---------------------------------------------------------
--- Quote from: InterCity125 link ---
>
> It worked last week with an ECP appeal.
>
--- End Quote ---
Could you link to that case please.
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