empark parking notice

rachla79

Arrghh help me!
I have just received in the post a parking charge notice for £75 for a 30sec drop off I made at Stansted Airport back in February from Empark Ltd. I did not go into the car park but pulled up outside by the grass my mate jumped out and walked on. I was there for all of 30-60secs and went off. Do I have to pay or are they being illegal bullies. I dont have the £75 to pay it.

Stroma

No you don't have to pay, these are new to me and appear to have only 2 car parks, stansted and croydon somewhere. They are on the aos with a website link that is wrong ?? But these are them

http://www.empark.co.uk/

You either pay them or appeal and go through popla if they turn you down. But you can also just ignore them as I seriously doubt they would be stupid enough to try a small claim.

The_Slithy_Tove

You weren't parked, you were dropping off. So how can they claim a parking charge? That's number 1 hurdle for them. They will allege a contract you agreed to as you shot past a closely typed sign at 30mph. Hurdle #2. There are so many more hurdles that make such charges a complete joke. Just ignore them.

rachla79

thanks for replies - parents are worried i will end up in small claims with ccj if i dont pay :-&

surfboy1

rachla79 wrote: »

thanks for replies - parents are worried i will end up in small claims with ccj if i dont pay :-&

They would have to win the small claim first, then you not pay what the court orderd in 28 days , for that to happen.
And i am sure that if it did got to small claim you would defend eh?
So what are the chances of that hap:)pening then?

Stroma

They obviously don't know how a ccj works, let me explain

1) Emparc issues a claim with mcol
2) You have an opportunity to put together a defence with help from here
3) Emparc pays allocation fee when they get your defence
4) They actually turn up to a court local to you

Now the difficult part for them

5) They win the case
6) You refuse to pay the judgement within 28 days
7) A county court judgement is lodged
8) Court appointed bailiffs can be asked for

Now the chances of all that happening without your knowledge is tiny, the chances of them winning a claim is minuscule when you defend it correctly.

Coupon-mad

rachla79 wrote: »

thanks for replies - parents are worried i will end up in small claims with ccj if i dont pay :-&

If they issued a small claim then you can get a free robust defence from pepipoo forum, they do this for people who need help (Court claims do not happen often at all and are almost never won when well defended). And in the unlikely event of losing you would not get a CCJ if you paid the judgment straight away, as shown above already. Won't happen though as you won't be paying and they won't be taking it to Court - you have more chance of a big lottery win!

OK, now to your appeal and a bit about POPLA and how to get this cancelled.

Firstly, keep ALL the letters and ALL the franked envelopes as proof of dates sent, because 'Empark' are not a big player nor a well-known PPC and as such I wonder how good they are at keeping to the deadlines under the BPA Code they are signed up for? Check this link out:

http://www.parkingcowboys.co.uk/keeper-liability/

How come you have only just got a letter, from an incident in February?

Sounds like a possible Code of Practice breach for starters and I suspect there might be more you can add to a challenge. Here's a template to consider using parts of:

http://www.parkingcowboys.co.uk/appeal-letter/

So, like all the other posters on this board, you have a fake PCN.

The whole scam of fake PCNs relies firstly on people's ignorance of the fact that a random private company can't fine anyone, and secondly on their natural fear of parking tickets and the escalating costs/bailiff scenario. So PPCs copy the look of a real parking ticket and - hey presto! - the cash rolls in from victims who know no better.

This is not a penalty at all. It's rubbish, there are no bailiffs letters, just debt collector standard template threatograms even if you ignore it or even after a person doesn't win at POPLA (but don't waste that chance, get help with that wording). It's not a parking fine, not a real penalty, it's just an invoice you can get cancelled or just laugh at.

The advice we give now is to usually recommend a strong appeal, not as you would think but more along the lines of the 'legal challenge' already linked. But don't copy it please, no template should be just copied; make your own points as well but no admissions.

Then come back and get help with an even stronger POPLA appeal. Check out the sticky threads about POPLA; top of this forum.

jasper987654321

Hi. I got exactly the same "fine" in the post last week. it is also from febuary. The little smart car with a camera on top also snuck up behind me while i was waiting in the same spot to pick someone up on the double yellow lines outside stansted airport carpark.
I drove away the second it saw it but it still got a picture. I am tempted just to pay it as i really cant be bothered to deal with these scum bags. however I went on their website and put in my numberplate and it says I have no fines. I also tried calling both the number on the ticket and and the number on the website but I can only leave a voicemail my name and number and no nobody calls me back. I think they might be waiting until after 14 days so it is £75 not £40.
I would like to apeall it as i never saw any signs and didnt even enter the actual car park but i was waiting on a double yellow line.

What happens when you put you numberplate in on there website?

Guys_Dad

rachla79 wrote: »

Arrghh help me!
I have just received in the post a parking charge notice for £75 for a 30sec drop off I made at Stansted Airport back in February from Empark Ltd. I did not go into the car park but pulled up outside by the grass my mate jumped out and walked on. I was there for all of 30-60secs and went off. Do I have to pay or are they being illegal bullies. I dont have the £75 to pay it.

Read this - it is from the POFA legislation

(4) The notice must be given by:

(a) handing it to the keeper, or leaving it at a current
address for service for the keeper, within the
relevant period; or
(b) sending it by post to a current address for service
for the keeper so that it is delivered to that
address within the relevant period.

(5) The relevant period for the purposes of sub-paragraph
(4) is the period of 14 days beginning with the day after
that on which the specified period of parking ended.
(6) A notice sent by post is to be presumed, unless the
contrary is proved, to have been delivered (and so “given”
for the purposes of sub-paragraph (4)) on the second
working day after the day on which it is posted; and for
this purpose “working day” means any day other than a
Saturday, Sunday or a public holiday in England and Wales.

Now, did they send you the PCN within 14 days of the "offence"? I looks like they didn't.

So you reply, quoting them SCHEDULE 4 of the Protection of Freedoms Act 2012 - RECOVERY OF UNPAID PARKING CHARGES and also their BPA COP http://www.britishparking.co.uk/write/Documents/AOS/BPA_CodeofPractice_2013_v1.pdf which contains the legislation in appendix 3,

The BPA have a slightly different interpretation of this and say either 28 days to 35 days after the offence. I have to adnmit that the legislation is typical legalese and difficult to read for a layman, but I think I am right.

In any event, if you only just received the letter, and you stopped in February, it looks like more than even the 35 days to me. So you appeal on those grounds and you demand a POPLA code.

If it's outside the maximum period, even POPLA can't find in theirfavour.

Coupon-mad

jasper987654321 wrote: »

Hi. I got exactly the same "fine" in the post last week. it is also from febuary. The little smart car with a camera on top also snuck up behind me while i was waiting in the same spot to pick someone up on the double yellow lines outside stansted airport carpark.
I drove away the second it saw it but it still got a picture. I am tempted just to pay it as i really cant be bothered to deal with these scum bags. however I went on their website and put in my numberplate and it says I have no fines. I also tried calling both the number on the ticket and and the number on the website but I can only leave a voicemail my name and number and no nobody calls me back. I think they might be waiting until after 14 days so it is £75 not £40.
I would like to apeall it as i never saw any signs and didnt even enter the actual car park but i was waiting on a double yellow line.

What happens when you put you numberplate in on there website?

Please start your own thread because on a parking forum, for obvious reasons, threads can't become general discussions and have to stick to one case/one set of dates and details.

But please when you re-post as a new thread (on the forum one click away, see my signature) do leave out the deluded 'I am tempted just to pay it as i really cant be bothered to deal with these scum bags.'

No...:eek:

jasper987654321

I tried to make a new thread but it didnt work.



I cant find the apeal letter template as the link is broken?



I have read some of the advice but what I dont understand is if i ignore the letters or fail in my apeal how it only affects my credit rating if it goes to court. my friends have had experience with Debt managment firms and debt collectors as they are also parisities and dont care about the law so they will be happy to buy these "uppaid invoices/made up fines" off empark and then trash people credit rating if they dont pay.

how do debt management firms destroy peoples credit rating without going to court?