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  • FIRST POST
    • mae
    • By mae 18th Mar 17, 8:27 AM
    • 1,395Posts
    • 803Thanks
    mae
    Euro Car Parks PCN guidance please
    • #1
    • 18th Mar 17, 8:27 AM
    Euro Car Parks PCN guidance please 18th Mar 17 at 8:27 AM
    Hi

    I have received a PCN for being 34 minutes over the authorised 180 minutes.

    I was doing some work on my laptop in Costa...I have just checked my Costa App and it shows I was in there that day via the points I receive..I didn't realise there was a time limit on the free parking :/ I have rung the manger of Costa but there is nothing he can do.

    Anyway I have read the first post for guidance (love this forum people are so helpful) and I just want to double check that I am right that my first step is to send the letter (copied below) via their online appeals? Is this the correct first letter to send to Euro?

    Dear Sirs

    Re: PCN No. ....................

    I challenge this 'PCN' as keeper of the car.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,
    Last edited by mae; 18-03-2017 at 8:30 AM.
Page 1
    • Umkomaas
    • By Umkomaas 18th Mar 17, 8:52 AM
    • 11,799 Posts
    • 17,976 Thanks
    Umkomaas
    • #2
    • 18th Mar 17, 8:52 AM
    • #2
    • 18th Mar 17, 8:52 AM
    Yep, that's the one for a BPA operator. Don't expect it to get you a cancellation at this stage (hardly any operator ever upholds an initial appeal), but it will hook you a POPLA code where you have a much greater chance of getting this cancelled.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
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