Wether just to pay or not?

bod1467

1. Charge not a genuine pre-estimate of loss
2. Unlawful penalty clause
3. No authority to levy charge

Number the list the same as the detailed descriptions.

Barnton_1982

Oops will do!

Coupon-mad

theamount requested does not represent a genuine pre-estimate of loss. (Is this worth putting in?)

YEP!

And add a paragraph about unclear/unlit signage not forming a contract with the driver as was not readable in the dark (say their own postal PCN photos prove the point as the car is 'shrouded in darkness' at the entrance with only the headlights visible which would never have picked out non-reflective signs high up (am I right, yes?!)

and another one about flawed ANPR system

...both commonly shown in the examples and makes the PPC have to show all sorts of maps and signs photos to prove otherwise (and may make them throw in the towel which is becoming common here!).

Barnton_1982

Just a quick update, had an email through last week saying charge has been cancelled!! Just like that, they originally said it would be heard on or after 27th march but didn't even have to wait that long!
Thanks to everyone for all your help!

Coupon-mad

So ECP gave up at POPLA stage when they saw that appeal?!

nicechap

Barnton_1982 wrote: »

I posted on here about a month ago and followed all the advice given, I appealed my PCN and it got refused and I received a popla code.
Now I was in the wrong I overstayed in a car park, I didn't see the signs at the time I assumed it was free but I've been back since and they are quite clear.
Is it worth appealing to popla and risking paying the fine in full or just settle at the reduced amount now. All I'm thinking is I was wrong, it was my fault etc so don't want to risk wasting my time, it getting refused straight away and having to pay in full? Is it easier just to pay the £50 now?

Barnton_1982 wrote: »

Just a quick update, had an email through last week saying charge has been cancelled!! Just like that, they originally said it would be heard on or after 27th march but didn't even have to wait that long!
Thanks to everyone for all your help!

Firstly well done on your appeal and following forum advice. Please spread the word.

For me this thread illustrates the unethical crux of the business model that PPCs use. The OP originally felt emotionally blackmailed to pay their invoice, yet, the PPC know they have no valid right to claim money of them, hence cancelling the the charge to avoid losing at POPLA and incurring extra costs.

Why can't more people see the immoral basis of this business sector?

Barnton_1982

Yeah, basically I made an online appeal on 18/2 and was told case would be heard on or after 27/3.
Then on 27/2 received this email:
(I've taken names and reg number out!)


Dear Sir or Madam
XXXXXX(Appellant)
-v-
Euro Car Parks Limited (Operator)

The Operator has informed us that they have cancelled parking charge notice number xxxxxxxxx, issued in respect of a vehicle with the registration mark XXXXXXX .
Your appeal has therefore been allowed by order of the Lead Adjudicator.
You are not liable for the parking charge and, where appropriate, any amounts already paid in respect of this parking charge notice will be refunded by the Operator.
Yours sincerely,
Mr XXXXXXX XXXXX