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#Post#: 102499--------------------------------------------------
Euro car park - Fullwell cross Leisure centre.
By: Hashim Date: December 15, 2025, 8:01 am
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Good afternoon
The driver received this PCN from Euro Car Parks.
The driver thought that it was a council car park as he/she
works for Redbridge council and therefore thought he/she did not
need to buy a ticket as they have a council permit for parking
in Redbridge.
Any help on this would be appreciated.
HTML https://ibb.co/LDmWh0mC
HTML https://ibb.co/yCSdcw3
Hashim
#Post#: 102500--------------------------------------------------
Re: Euro car park - Fullwell cross Leisure centre.
By: Mustek Date: December 15, 2025, 8:13 am
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[member=354]Hashim[/member]
You may want to redact the PCN number as anyone can currently
appeal on your behalf.
#Post#: 102504--------------------------------------------------
Re: Euro car park - Fullwell cross Leisure centre.
By: b789 Date: December 15, 2025, 8:30 am
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You can either go through the: initial appeal, rejection, POPLA
appeal, rejection, useless debt recovery letters, Letter of
Claim (LoC), county court claim, defend, N180 DQ, allocation to
your local county court and then either strike out or
discontinuation or, skip everything and just wait for the county
court claim and defend with the template defence we provide and
then eventual strike out or discontinuation.
It's up to you. Either way, if you follow the advice, you won't
pay a penny to ECP. If you want to follow all the intervening
steps, then... 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.[/quote]
#Post#: 102505--------------------------------------------------
Re: Euro car park - Fullwell cross Leisure centre.
By: DWMB2 Date: December 15, 2025, 8:36 am
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If the council operate the leisure centre, it would seem
sensible to approach them to see if they will intervene. There's
a fair chance they won't, but it costs nothing to try, and
potentially saves a fair bit of faff.
#Post#: 102520--------------------------------------------------
Re: Euro car park - Fullwell cross Leisure centre.
By: b789 Date: December 15, 2025, 10:11 am
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I didn't even think to look at the landowner. The car park at
Fullwell Cross Leisure Centre is situated on land owned by the
London Borough of Redbridge. The Council is a traffic authority.
That is the only land-status fact that matters for the PoFA
point.
Schedule 4 of the Protection of Freedoms Act 2012 applies only
on “relevant land”. Paragraph 3(1)(b) excludes from “relevant
land” any “parking place which is provided or controlled by a
traffic authority”. A Council-owned off-street parking place is,
by its nature, parking provided by a traffic authority. It
follows that PoFA keeper liability cannot apply on this land.
Whether the Council has outsourced day-to-day management to a
leisure operator or a parking contractor is irrelevant to this
legal classification. The land does not become “private” simply
because a contractor manages the bays or issues tickets.
The Department for Transport has expressly criticised attempts
to treat Council off-street parking as if it were privately
owned and enforced via contract. In the DfT’s words, enforcement
“as if the car parks are privately owned” is wrong in principle,
because the Council “retains the status of a Local Authority
providing off-street parking places” and “the land remains
regulated”. The DfT further states that operating outside the
statutory regime “would clearly go against the will of
Parliament”, and that local authorities were consciously
exempted from Schedule 4.
Accordingly, Euro Car Parks cannot rely on PoFA at this
location. Any Notice to Keeper that invokes PoFA, threatens
keeper liability, or implies the keeper is liable under Schedule
4 is legally misconceived. The operator must pursue only the
driver (if it can), and there is no lawful basis to transfer
liability to the registered keeper.
I refer you to this letter from the DfT to ALL Councils/Traffic
Authorities back in 2014 which I just happened to be reviewing
earlier today:
[img width=600
height=847]
HTML https://i.ibb.co/GvP5cJCd/Appendix-F-Letter-from-Df-T1.jpg[/img]
[img width=600
height=847]
HTML https://i.ibb.co/yF91LYH4/Appendix-F-Letter-from-Df-T2.jpg[/img]
#Post#: 102522--------------------------------------------------
Re: Euro car park - Fullwell cross Leisure centre.
By: b789 Date: December 15, 2025, 10:14 am
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So, when the initial appeal I suggested is rejected, come back
and we can craft a suitable POPLA appeal based on this single
damning point and see whether the POPLA assessor has the
intellectual capacity to understand the point.
It would be good to win one against ECP at POPLA rather than
have it drag on for 9-12+ months going to the inevitable
discontinuance.
#Post#: 102531--------------------------------------------------
Re: Euro car park - Fullwell cross Leisure centre.
By: b789 Date: December 15, 2025, 10:51 am
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Here are two formal email complaints you should submit
immediately to Redbridge and the DVLA:
Address this one to monitoring.officer@redbridge.gov.uk and CC
parking.services@redbridge.gov.uk and
legal.services@redbridge.gov.uk and yourself:
[quote]Formal complaint – unlawful invocation of PoFA keeper
liability on council-owned off-street parking
For the attention of the Monitoring Officer, London Borough of
Redbridge
Dear Sir,
I am writing to raise a formal governance and legality complaint
concerning parking enforcement at Fullwell Cross Leisure Centre,
Ilford.
The car park is situated on land owned by the London Borough of
Redbridge. The Council is a traffic authority. The site is
therefore an off-street parking place provided by a traffic
authority.
Despite this, the Council has contracted Euro Car Parks Ltd to
manage the car park. Euro Car Parks are issuing private Parking
Charge Notices and are obtaining DVLA registered keeper data.
Crucially, their Notices to Keeper explicitly invoke Schedule 4
of the Protection of Freedoms Act 2012 and assert statutory
keeper liability.
This is legally wrong.
Schedule 4 PoFA applies only to “relevant land”. Paragraph
3(1)(b) expressly excludes “a parking place which is provided or
controlled by a traffic authority”. As the land is council-owned
and provided by a local authority acting as a traffic authority,
it is not relevant land for the purposes of PoFA. Keeper
liability cannot arise in law.
The fact that the Council has outsourced day-to-day management
to a contractor does not change the legal status of the land.
The parking place does not become “private land” for PoFA
purposes merely because enforcement has been contracted out.
The Department for Transport has expressly criticised attempts
by councils to enforce off-street parking “as if privately
owned”, stating that a council “retains the status of a local
authority providing off-street parking places”, that “the land
remains regulated”, and that operating outside the statutory
regime “would clearly go against the will of Parliament”. The
DfT also made clear that local authorities were consciously
excluded from Schedule 4 of PoFA.
By permitting Euro Car Parks to issue Notices to Keeper
asserting PoFA keeper liability on council-owned off-street
parking, the Council has allowed enforcement that misstates the
law, misrepresents the keeper’s liability, and facilitates the
obtaining and use of DVLA keeper data on a false legal basis.
I therefore request:
[indent]1. Confirmation of the Council’s position on the legal
status of the car park at Fullwell Cross Leisure Centre,
including whether it is accepted to be a parking place provided
by a traffic authority.
2. An explanation of the legal basis on which Euro Car Parks are
being permitted to invoke PoFA Schedule 4 at this site.
3. Immediate steps to require Euro Car Parks to cease asserting
keeper liability under PoFA at this location.
4. Confirmation of what action the Council will take to prevent
further misuse of DVLA keeper data arising from this
arrangement.[/indent]
This complaint is raised as a matter of statutory compliance and
public law governance. I would expect a substantive response
from the Monitoring Officer rather than referral back to the
parking contractor.
I look forward to your response.
Yours faithfully,[/quote]
And for the DVLA, send the following to data.sharing@dvla.gov.uk
and CC foicompliance@dvla.gov.uk and yourself:
[quote]Formal complaint – misuse of DVLA keeper data and
unlawful assertion of PoFA keeper liability (Euro Car Parks Ltd)
Dear Sir,
I am making a formal complaint regarding Euro Car Parks Ltd
obtaining and using DVLA registered keeper data in circumstances
where there is no lawful basis to do so.
The Parking Charge Notice and subsequent Notice to Keeper issued
by Euro Car Parks Ltd relate to parking at Fullwell Cross
Leisure Centre, Ilford. The land on which this car park is
situated is owned by the London Borough of Redbridge. The
Council is a traffic authority.
As a result, the car park is a parking place provided by a
traffic authority. Schedule 4 of the Protection of Freedoms Act
2012 applies only on “relevant land”. Paragraph 3(1)(b)
expressly excludes from relevant land any “parking place which
is provided or controlled by a traffic authority”. Accordingly,
PoFA cannot apply at this location and keeper liability cannot
arise in law.
Despite this, Euro Car Parks Ltd have issued a Notice to Keeper
that expressly invokes Schedule 4 of PoFA, asserts that the
notice is given under paragraph 9 of Schedule 4, and states that
they have the right to recover the parking charge from the
registered keeper. That assertion is legally false on this land.
Euro Car Parks Ltd have therefore obtained and processed my DVLA
keeper data in order to pursue the registered keeper on the
basis of PoFA keeper liability where PoFA is statutorily
excluded. In those circumstances, “reasonable cause” for data
release does not exist. The data has been used to pursue the
wrong party under a misstated legal basis.
The fact that the Council has contracted out management of the
car park does not alter the legal status of the land for PoFA
purposes. A council-owned off-street parking place does not
become “relevant land” simply because a private contractor
issues Parking Charge Notices.
I ask the DVLA to:
[indent]1. Investigate Euro Car Parks Ltd’s requests for keeper
data in relation to this site and the legal basis relied upon
when requesting that data.
2. Confirm whether Euro Car Parks Ltd represented to the DVLA
that PoFA keeper liability applied at this location.
3. Consider enforcement action or sanctions for misuse of keeper
data where PoFA has been falsely invoked.
4. Confirm what steps will be taken to prevent further releases
of keeper data to Euro Car Parks Ltd for this site on a false
statutory premise.[/indent]
I attach copies of the Notice to Keeper showing the PoFA
assertions relied upon.
I expect this complaint to be treated as a formal data misuse
complaint and handled accordingly.
Yours faithfully,[/quote]
#Post#: 102557--------------------------------------------------
Re: Euro car park - Fullwell cross Leisure centre.
By: Hashim Date: December 15, 2025, 12:40 pm
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b789
I sent both emails to the relevant email addresses supplied but
they all bounced back.
parking.services@redbridge.gov.uk
Your message wasn't delivered because the recipient's email
provider rejected it.
legal.services@redbridge.gov.uk
Your message wasn't delivered because the recipient's email
provider rejected it.
monitoring.officer@redbridge.gov.uk
Your message wasn't delivered because the recipient's email
provider rejected it.
Hashim
#Post#: 102609--------------------------------------------------
Re: Euro car park - Fullwell cross Leisure centre.
By: b789 Date: December 16, 2025, 3:05 am
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Your message wasn't delivered because the recipient's email
provider rejected it. Resend with no attachments. Send the
complaint text only. Do not attach images, PDFs, or screenshots.
Do not embed images inline.
Add a line such as: “Copies of the Notice to Keeper and
supporting evidence are available on request.”
#Post#: 102679--------------------------------------------------
Re: Euro car park - Fullwell cross Leisure centre.
By: Hashim Date: December 16, 2025, 10:49 am
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b789
I did what you suggested by sending the message with no
attachment, no pdf's or images but they are still bouncing back.
I even tried sending them individually, just plain text..
Hashim
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