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#Post#: 110093--------------------------------------------------
Re: EuroCar Parks PCN for three minute overstay
By: InterCity125 Date: February 17, 2026, 9:17 am
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In my opinion, the lack of relevant PoFA mandatory wording is a
strong appeal point but it probably won't yield success until
the matter is escalated to POPLA.
You should write an appeal making sure that you clearly state
the appeal is being made purely as the registered keeper and as
the person who pre-paid the parking - this doesn't mean that you
were driving.
When you mention the driver you need to make sure that you only
refer to him or her in the third person - ie the driver arrived
/ the driver left etc.
In your appeal to ECP you should set out your case as you have
here - explain the arrival / departure times etc.
You can also mention that the NtK does not meet the full
requirements of PoFA.
When that gets rejected, we can move onto the POPLA appeal.
Be sure to post up the appeal before sending.
#Post#: 110114--------------------------------------------------
Re: EuroCar Parks PCN for three minute overstay
By: Brenda_R2 Date: February 17, 2026, 11:04 am
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[quote author=RichardW link=topic=9858.msg110068#msg110068
date=1771335802]
There's no invitation for the keeper to pay or nominate the
driver, but this is a fairly weak point.
[/quote]
It's fatal to EuroCar Parks case if the OP stays the course,
denies everything and waits for documentation from Northampton,
surely?
POFA has to be complied with in full for them to be able to
successfully transfer liability from the driver to the RK?
#Post#: 110115--------------------------------------------------
Re: EuroCar Parks PCN for three minute overstay
By: jfollows Date: February 17, 2026, 11:29 am
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Yes, but ECP will lie, reject the appeal, force the original
poster to appeal to the IAS who will also reject the appeal, and
force the initiation of court proceedings. The idea being to
frighten the original poster into paying them money.
If ECP use DCB Legal then, eventually, the case will likely be
discontinued rather than paying the court fee.
Agreed that waiting for court documents from Northampton is a
good thing.
#Post#: 110129--------------------------------------------------
Re: EuroCar Parks PCN for three minute overstay
By: RichardW Date: February 17, 2026, 1:11 pm
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AFAIK the lack of the invitation has not held any water with a
parking co, POPLA, and especially not IAS. Don't think it has
been tested in court as the parking cos (almost) always roll
over first.
#Post#: 110133--------------------------------------------------
Re: EuroCar Parks PCN for three minute overstay
By: DWMB2 Date: February 17, 2026, 1:22 pm
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[quote] It's fatal to EuroCar Parks case if the OP stays the
course, denies everything and waits for documentation from
Northampton, surely? [/quote]
I'm not sure we can describe something as 'fatal' to their case
that, to my knowledge, has yet to actually be argued in court.
As has been noted, there's a very good chance that ECP will
eventually discontinue (a good part of the reason it has, as
yet, not been tested in court)
#Post#: 110165--------------------------------------------------
Re: EuroCar Parks PCN for three minute overstay
By: InterCity125 Date: February 18, 2026, 1:49 am
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We currently have several appeals with POPLA based on ECP's non
compliant NtKs.
We'll have to see what happens with those.
I (hopefully) came up with an appeal wording which makes it very
difficult for the assessor to 'skip over' the issue of non
compliant NtKs as they have done in the past.
#Post#: 110166--------------------------------------------------
Re: EuroCar Parks PCN for three minute overstay
By: Brenda_R2 Date: February 18, 2026, 1:59 am
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[quote author=InterCity125 link=topic=9858.msg110165#msg110165
date=1771400963]
I (hopefully) came up with an appeal wording which makes it very
difficult for the assessor to 'skip over' the issue of non
compliant NtKs as they have done in the past.
[/quote]
Do you have a link to that? Would make a good read and if it
works could be a pinned item?
#Post#: 110167--------------------------------------------------
Re: EuroCar Parks PCN for three minute overstay
By: InterCity125 Date: February 18, 2026, 2:03 am
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HTML https://www.ftla.uk/private-parking-tickets/euro-car-parks-exceeded-3hr-time-peel-centre-bracknell/
That's one of them.
Scroll to post#14 to see the comments on operators evidence
which sets out the failure points of ECP's NtKs.
#Post#: 110168--------------------------------------------------
Re: EuroCar Parks PCN for three minute overstay
By: RichardW Date: February 18, 2026, 2:46 am
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Of course if POPLA deem ECP NTK to be non compliant, they might
change it. But then again....carry on regardless as most people
don't know to object!
#Post#: 110206--------------------------------------------------
Re: EuroCar Parks PCN for three minute overstay
By: Albamc Date: February 18, 2026, 7:35 am
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Just a quick note to say thank you for all this very helpful
feedback. I will collate and attempt to compose an appeal which
I will post here to be pulled apart before submitting!
Many thanks
Al
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