Parking Fine

BritishLion

Soo... The next letter has arrived, dated 15th August, in response to my soft appeal (I used Hovites suggestion, sorry Guys Dad) which was lodged on the 24th July.

It starts by saying they do not need to provide evidence of who was driving, it is the registered keepers responsibility... blah blah blah... then goes on to say "In regards to your comment regarding ECPs authority to issue PCNs, the car park is on private land..." and continues to say it has written authority to operate and issue parking charges, and that by entering onto the private land I have entered into a contract and consented to comply with T&Cs clearly visible.

The final paragraph states "As you have not provided a full and detailed appeal we cannot provide you with a POPLA code. A full appeal will need to be received to allow us to review the matter fully before responding and supplying a code." and the continues to ask me to make the £100 payment.

What are the next steps on this? Should I now proceed with Guys Dad's appeal or should they have provided me with the POPLA code regardless?

Cheers,

BL

Umkomaas

BritishLion wrote: »

Soo... The next letter has arrived, dated 15th August, in response to my soft appeal (I used Hovites suggestion, sorry Guys Dad) which was lodged on the 24th July.

It starts by saying they do not need to provide evidence of who was driving, it is the registered keepers responsibility... blah blah blah... then goes on to say "In regards to your comment regarding ECPs authority to issue PCNs, the car park is on private land..." and continues to say it has written authority to operate and issue parking charges, and that by entering onto the private land I have entered into a contract and consented to comply with T&Cs clearly visible.

The final paragraph states "As you have not provided a full and detailed appeal we cannot provide you with a POPLA code. A full appeal will need to be received to allow us to review the matter fully before responding and supplying a code." and the continues to ask me to make the £100 payment.

What are the next steps on this? Should I now proceed with Guys Dad's appeal or should they have provided me with the POPLA code regardless?

Cheers,

BL

They should have provided a POPLA code, but many of them are running scared and phillybustering hoping the motorist will give up and pay up.

So you now really need to do two letters.

1. Yes, use Guy's Dad's letter to Euro, then
2. Send a letter of complaint to the BPA Ltd, enclosing a copy of your recent reply from Euro, asking them to investigate Euro's refusal to provide you with a POPLA code to which you are entitled.

BritishLion

Cheers Umkomaas! In my letter to ECP, should I state I am lodging a compliant with the BPA over the POPLA code?

Umkomaas

BritishLion wrote: »

Cheers Umkomaas! In my letter to ECP, should I state I am lodging a compliant with the BPA over the POPLA code?

Yes, a nice little PS at the bottom of your 2nd appeal to them (I hate the term 'appeal', it sounds as though you have already been found 'guilty' and you need to perform some grovelling act to be acquitted).

The_Slithy_Tove

BritishLion wrote: »

The final paragraph states "As you have not provided a full and detailed appeal we cannot provide you with a POPLA code. A full appeal will need to be received to allow us to review the matter fully before responding and supplying a code." and the continues to ask me to make the £100 payment.

You need to tell Euro they are talking utter bo*****s. If you look at the BPA AOS Code of Practice, particularly much of section 22, it talks about "challenges" as well as appeals, and what the procedure is with such "challenges". For example:

22.2 Whenever you issue a parking charge notice you must tell drivers about the arrangements for resolving complaints, challenges or appeals. These include:
• your procedures for dealing informally with challenges by the driver about the parking charge notice or any
matter in it
• the arrangements for independent appeal to POPLA
Drivers should frst use your procedures for resolving complaints, challenges or appeals, before being able to refer them to an independent appeal. You should tell drivers at what stage an independent appeal to POPLA becomes available

What you have done is to challenge their PCN, and therefore they need to either accept your challenge or issue a POPLA code. End of.

Guys_Dad

Yes, as I feared. They are wriggling.

We have seen changes over the first half of this years. PPCs are running scared of POPLA, not only for the £27 cost but also because POPLA are currently accepting 2 basic arguments about having full right to pursue motorists under their contracts and also the pre-estimate of costs including all the costs of running the business.

So they find "reasons" not to issue POPLA codes.

Initially, we all recommended stroma's quite blunt soft appeal. Now, it is my belief that you need to go in with a reason that they can't refuse to send out a POPLA code, and that is why I suggested my previous challenge.

We just have to adapt, accept that they are bending the rules (actually a feather in our cap that they have to) and continue to make them decide if it's worth it even going as far as POPLA.

I think that they would even try to refuse a POPLA code on the first part of my suggested letter - some have already - so be sure to include the 2nd part.

If they refuse again, I really relish giving you a BLAST 3rd appeal !!!!

BritishLion

Thanks all. I will draft a letter to ECP and The BPA and pop it up here for approval.

As a side thought, should I wait till 35 days have passed since original appeal before I send second appeal? Just wondering if that will add any weight to my case that ECP didn't send a code within 35 days.

Cheers,

BL

Umkomaas

BritishLion wrote: »

Thanks all. I will draft a letter to ECP and The BPA and pop it up here for approval.

As a side thought, should I wait till 35 days have passed since original appeal before I send second appeal? Just wondering if that will add any weight to my case that ECP didn't send a code within 35 days.

Cheers,

BL

In theory you could stick it out for the 35 days then write telling them they're timed out and KMA. But if they ignore that and decide to continue pursuing (which you've no control over) you've still got to have someone,whose judgment they have to accept, to tell them to FRO.

Ultimately that might be a judge if they pursue to the bitter end - and that's far more hassle and far more unpredictable (as in Russian Roulette) than going for a straightforward POPLA appeal.

So my view would be to get hold of the POPLA code via whatever it takes.

Coupon-mad

BritishLion wrote: »

Thanks all. I will draft a letter to ECP and The BPA and pop it up here for approval.

As a side thought, should I wait till 35 days have passed since original appeal before I send second appeal? Just wondering if that will add any weight to my case that ECP didn't send a code within 35 days.

Cheers,

BL

I wouldn't, if it were me. I would rather have a POPLA code than not so I would pursue them with gusto right now and reiterate your appeal points (and add some more appeal points too if you want, flawed and unclear signage is always a good one).

BritishLion

Hi all, thanks for your comments so far! Due to work commitments I have only just been able to pursue this again! Below is my new appeal I plan to submit to ECP. It is based on Guys Dads version this time, with a little at the bottom notifying them of my complaint to the BPA. I will sort my complaint letter out this evening and post it up.

If anyone can run their eyes over my appeal I would be very grateful!

Thanks again,

BL

Dear Euro Car Parks,

Further to your letter dated xxx informing me you would not be supplying a POPLA code due to my initial appeal not being detailed enough, please find below a more detailed appeal.

I wish to appeal on the basis that you do not have the authority of the landowner to levy these charges. I require you to supply me with a copy of the relevant sections of the contract that you are working under in order for me to check (a) the contract is, in fact, with the landowner whose details have been supplied to me by the council and (b) in order for me to check the limit of your authority to levy charges as some landowner contracts do not, in fact, grant that authority. If you are unwilling to provide me with this, then I require, in accordance with the BPA and POFA regulations, a POPLA code in order for me to take my appeal to POPLA.

In addition, after checking thoroughly with your signage and the BPA
guidelines, I believe that they are deficient and this is a further reason why I require a POPLA code. I refer you to the POPLA website for the required timescales for a response.

If, on the other hand, after consideration, you decide to cancel the charge, please feel free so to do.

Please note that as a result of your failure to provide me with a POPLA code I will be lodging a formal complaint with the British Parking Association.