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#Post#: 109443--------------------------------------------------
Re: Euro car park - Fullwell cross Leisure centre.
DIR By: InterCity125
Date: February 11, 2026, 6:56 am
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Perfect - all visible now.
I have quickly read through their submission.
Have only read quickly but it appears to me that they never
address the issue of it being a Council owned car park??
They mention it but they do not address your assertion that PoFA
cannot apply.
Will read it over again once I get time.
The NtK is not PoFA compliant anyway - we can address that when
we comment on their evidence.
#Post#: 109454--------------------------------------------------
Re: Euro car park - Fullwell cross Leisure centre.
DIR By: InterCity125
Date: February 11, 2026, 8:23 am
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Comments on Euro Car Parks evidence.
The parking operator has not addressed the matter of 'non
relevant land' - the car park is Council owned and as such PoFA
cannot be applied in this location as a Council constitutes a
traffic authority.
The operator briefly acknowledges that my appeal contains the
above point but, rather oddly, their response never rebuts my
assertion - instead the operator seemingly deviates away from
the specific appeal point and starts talking about signage - as
a result the non relevant land issue appears to be deliberately
avoided.
Once again the operator asserts that the NtK is PoFA compliant
when it is not.
In order to be compliant the NtK must contain specific text and
legal choices as specified by Schedule 4 of PoFA.
In this instance, the requirements of Schedule 4 Paragraph
9(2)(e) are not satisfied by the operators NtK.
To be compliant, the requirements of 9(2)(e) can only be met if
a specific paragraph is placed in the NtK which should read as
follows;
------------------------------------------------------------------------------------------------------
At the current time, Euro Car Parks (the creditor) does not know
both the name and a current address for service for the driver.
The keeper is therefore INVITED TO PAY THE UNPAID PARKING
CHARGES (Para 9(2)(e)(i) requirement but not present on the
Euro Car Parks NtK)
Or
If the keeper was not the driver of the vehicle, to notify the
creditor of the name of the driver and a current address for
service for the driver and to pass this notice onto the driver
(Para 9(2)(e)(ii) requirement)
------------------------------------------------------------------------------------------------------
The required paragraph is clearly missing from the operators
NtK.
The information must be presented in this manner to be compliant
ie in one paragraph. Compliance cannot be achieved by, for
example, placing the information at random points throughout the
NtK since this would not present the keeper with the legal
choice which 9(2)(e) requires.
The Euro Car Parks NtK never states the mandatory wording
required by para. 9(2)(e).
The Euro Car Parks NtK never 'invites the keeper to pay the
unpaid parking charges'.
The Euro Car Parks NtK never presents the two legged legal
choice which para. 9(2)(e)(i) and 9(2)(e)(ii) requires.
If the required mandatory wording and subsequent legal choice is
present on the NtK then, I would ask that either Euro Car Parks
or the POPLA assessor point out the required statutory wording?
In order to rely on PoFA, all requirements of Schedule 4
Paragraph 9(2) must be met - the wording is not subjective, it
is 100% objective in nature.
The missing wording is immediately fatal to the operators case.
#Post#: 109477--------------------------------------------------
Re: Euro car park - Fullwell cross Leisure centre.
DIR By: Hashim
Date: February 11, 2026, 10:29 am
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Thank you.
I will now respond with the comments that you have supplied to
POPLA.
Hashim
#Post#: 110332--------------------------------------------------
Re: Euro car park - Fullwell cross Leisure centre.
DIR By: Hashim
Date: February 19, 2026, 8:48 am
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Sorry for the previous post regarding Debt recovery. it was a
mistake on my part. That was relating to another incident which
should have been cancelled a while ago.
Sorry about that...
#Post#: 110334--------------------------------------------------
Re: Euro car park - Fullwell cross Leisure centre.
DIR By: Mustek
Date: February 19, 2026, 8:55 am
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[member=354]Hashim[/member] Generally ignore debt collectors.
They are powerless. HOWEVER, that seems to relate to a parking
charge from UK PCM (Parking Control Management), so it seems to
be from another parking charge at a different place.
If you didn't get a NTK, you should get in touch with them (UK
PCM, not Trace) asking what it's about, ask for proof of
posting, etc...
Would suggest opening up a new post for that one.
#Post#: 110356--------------------------------------------------
Re: Euro car park - Fullwell cross Leisure centre.
DIR By: InterCity125
Date: February 19, 2026, 10:40 am
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--- Quote from: Hashim link ---
>
> Good afternoon
>
> I have received this today from 'Trace debt recovery'
>
> This is the first communication they have made with me even
though they claim that they have contacted me before.
>
> Here is the letter:
>
>
HTML https://ibb.co/vCWNcJwH
>
> What's next.....do I contact them to let them know that we are
waiting on POPLA or just ignore it for the time being.
>
> Thanks
>
> Hashim
>
--- End Quote ---
That appears to be a fairly large procedural error on the part
of Euro Car Parks as you are currently in the appeals process.
I would immediately write to ECP and ask why they have released
your data to a third party debt collector when you are still in
the appeals process.
#Post#: 110358--------------------------------------------------
Re: Euro car park - Fullwell cross Leisure centre.
DIR By: DWMB2
Date: February 19, 2026, 10:50 am
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[member=6750]InterCity125[/member] - note Mustek's comment
immediately prior to yours - the letter from Trace Debt Recovery
lists the client as "Parking Control Management UK Limited" -
this letter appears to be relating to an entirely different
parking charge, nothing to do with ECP.
#Post#: 110389--------------------------------------------------
Re: Euro car park - Fullwell cross Leisure centre.
DIR By: Hashim
Date: February 19, 2026, 12:54 pm
---------------------------------------------------------
--- Quote from: InterCity125 link ---
>
> [quote author=Hashim link=topic=9153.msg110332#msg110332
date=1771512499]
> Good afternoon
>
> I have received this today from 'Trace debt recovery'
>
> This is the first communication they have made with me even
though they claim that they have contacted me before.
>
> Here is the letter:
>
>
HTML https://ibb.co/vCWNcJwH
>
> What's next.....do I contact them to let them know that we are
waiting on POPLA or just ignore it for the time being.
>
> Thanks
>
> Hashim
>
--- End Quote ---
That appears to be a fairly large procedural error on the part
of Euro Car Parks as you are currently in the appeals process.
I would immediately write to ECP and ask why they have released
your data to a third party debt collector when you are still in
the appeals process.
[/quote] sorry this post is incorrect and was deleted by me.
#Post#: 114608--------------------------------------------------
Re: Euro car park - Fullwell cross Leisure centre.
DIR By: Hashim
Date: March 27, 2026, 9:01 am
---------------------------------------------------------
Good afternoon.
I have received a response from Popla:
Decision Unsuccessful
Assessor Name Lyndsey Howgate
Assessor summary of operator case:
The parking operator has issued the Parking Charge Notice (PCN)
due to no payment for parking made.
Assessor summary of your case:
The appellant has provided a detailed account surrounding the
parking event in question. For the purpose of my report, I have
summarised the grounds raised into the points below: •The
appellant advises the PCN is not PoFA 2012 compliant. •The
appellant advises the car park is council owned, therefore not
relevant land.
Assessor supporting rational for decision:
The registered keeper of the vehicle has raised the appeal; I
will be referring to them as the appellant throughout my report.
POPLA is an independent, single‑stage appeals service. Our
role is to determine whether the operator issued the Parking
Charge Notice correctly and whether the driver complied with the
car park’s terms and conditions. The parking operator has
provided a site map and time‑dated photographs showing
clear and prominent signage stating private property, terms and
conditions apply at all times, tariffs available, payment
methods available and failure to comply with the terms and
conditions of utilising the private land will result in a £100
PCN being issued. ANPR images confirm the appellant’s vehicle
entered the car park on 5 December 2025 at 13:41 and exited at
14:07, a stay of 26 minutes. The parking operator’s whitelist
shows no payment for parking was received on the day the PCN was
issued. The appellant advises the car park is council owned,
therefore not relevant land. The sector Code of Practice has
been jointly created by the British Parking Association (BPA)
and the International Parking Community (IPC). It is largely
based on the Government’s Private Parking Code of Practice,
which was published in February 2022, and subsequently withdrawn
in June 2022. The new Code came into force on the 1 October
2024. The Private Parking Sector Single Code of Practice (The
Code) sets the standards its parking operators are required to
comply with. I have reviewed The Code and note Section 14.1
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, a copy of the
agreement between Visio-Redbridge Culture & Leisure Agreement
has been provided dated 17 January 2022 confirming that the
landowner has given authority for Euro Car Parks LTD to carry
out parking enforcement for breaches of the advertised terms and
conditions. This document does not have an expiry date, and I
have received no further evidence that would suggest the above
contract has been terminated and therefore is still valid. A
copy of this document can be located in the case file provided
by the parking operator and if the appellant wishes to obtain
any additional details, they may wish to contact the landowner
directly. I am satisfied that the land is private land and not
council owned. The appellant advises the PCN is not PoFA 2012
compliant. I am aware 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 or hirer
is not identified. Parking operators have to follow certain
rules including warning the registered keeper that they will be
liable if the parking operator is not provided with the name and
address of the driver. In this case, the PCN in question has the
necessary information and the parking operator has therefore
successfully transferred the liability onto the registered
keeper due to the drivers details not being provided. Section 9
states the PCN must be issued within 14 days. In this case I can
see that PCN was issued within the relevant period and requested
driver details to be provided. The parking operator has
demonstrated full compliance with the Code and has provided
sufficient evidence that no payment was made for the appellant’s
26‑minute stay. As this constitutes a breach of the
clearly advertised terms and conditions, I conclude that the
Parking Charge Notice was correctly issued. The appeal is
therefore refused.
What's next.....
Thanks
Hashim
#Post#: 114617--------------------------------------------------
Re: Euro car park - Fullwell cross Leisure centre.
DIR By: InterCity125
Date: March 27, 2026, 9:50 am
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We can come up with a complaint for POPLA.
The Assessor never engages with the missing wording from the
PCN.
Also, she fails to address the Council Land issue.
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