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Euro car parks fine PCN letter 1 help

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Waxdoll2 wrote: »
    Okay so what to do now, should i wait for the next letter or go to the website and pay the £100? I miscalculated my date but thats my silly fault!!!

    Any advice please

    frankly, you were given good advice and didnt use it, so I am loath to advise you on this question, as I would be anyway, becasue that decision is yours to make and not mine to advise upon

    personally, I wouldnt pay if I thought I could win in future at court for example

    BUT I also would have gone to popla and not allowed myself to be in your position, so in my opinion that choice is yours and nobody elses to make, sometimes in life you have to make your own decisions, and this mess is now of your own making due to not appealing in time so is yours to deal with

    sorry to say

    if you dont pay, come back if any LBC or MCOL appears, for further help, but in future take the help offered and do so in good time
  • Waxdoll2
    Waxdoll2 Posts: 12 Forumite
    edited 22 July 2014 at 9:24PM
    Thanks I will! I did read everything and followed up and even have a ticket to prove payment. I guess we can add this to one of the darn it cases!!

    I will pay, I guess i don't want to be followed for the next few months for it and living in fear. Plus I am completely balled over by the legalities and jargon - not sure if i will have a chance in court!! Its my fault - Lesson learned.

    Thanks Redx

    :-(
  • Dee140157
    Dee140157 Posts: 2,864 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    To be honest I wouldn't
    Euro car parks are not very litigious. They have only done court at most twice in 18 months and we don't know what this was for either. Someone may have taken them to court. So chances of it ending up there is very slim.
    Look at this and compare eg to Parkong Eye and make your own mind up
    https://www.whatdotheyknow.com/request/179544/response/444525/attach/3/A%20FINAL%20REPLY%20TO%20LEWIS%2085865.doc
    https://www.whatdotheyknow.com/request/205660/response/510306/attach/3/AA%20REPLY%20TO%20Craig%20Lewis%2090006%203.doc
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
  • Waxdoll2
    Waxdoll2 Posts: 12 Forumite
    ohh okay, but i missed the popla deadline and haven't even told them who the registered keeper is. Isn't that still my fault? Never had a court case before and I am worried I might mess it up especially as there is a lot of legal jargon I'm totally clueless of

    From the newbies post it said there are more chances of winning at the popla stage. its been 10 days now, no letters come through yet.
  • Dee140157
    Dee140157 Posts: 2,864 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    edited 22 July 2014 at 10:08PM
    Unfortunately as Redx said, you were given good advice but did not act on it in the necessary time frame. It is difficult to say do this or don't do this to someone who has put themself in this situations as a result of not following previous advice.
    The choice has to be yours. I know what I would do, but I am in the enviable position of being able to pay even if I went to court.
    However you will get many chances along the way to settle for various sums from the debt collector (read post 4 of newbie thread and read examples of the chains of letters) so you are an extremely long way off court. I expect you would get at least 6 chances to pay it off before it went to court I expect.
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
  • Waxdoll2
    Waxdoll2 Posts: 12 Forumite
    Yes i know! first time for everything! I've learned a lesson now, more attention to detail next time :-)

    I will read the threads you suggested and make a decision. Either way, thanks all for help all, much appreciated.
  • Umkomaas
    Umkomaas Posts: 43,445 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you can cope with a series of debt collector threatograms - you have no need to respond to any and remember debt collectors cannot take you to court (only the PPC or landowner can) - then continue to ignore.

    If ECP ever get to the point of taking you to court and you don't feel you can cope with that process (and you can get help here with a defence) you can pay them at any time before the day you're due in court.

    So you won't be any worse off than where you are today, and as ECP have proved to be extremely benign in terms of court in the past, then I'd calculate the ignore option as one worth taking.

    But if you do go down this course, please don't come back every time you get a debt collector letter - no need. Only return if, as Redx has pointed out above, you get a LBC or MCOL papers.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

    Private Parking Firms - Killing the High Street
  • Waxdoll2
    Waxdoll2 Posts: 12 Forumite
    Thanks Umkomaas.

    Also just a quick question, do i need to reveal registered keeper or wait? does liability just fall to registered keeper at this stage?

    thanks
  • Umkomaas
    Umkomaas Posts: 43,445 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If the initial letter was sent within 14 days of the parking event, that is the NtK - Notice to Keeper. They already know who the keeper is as they were informed of this by the DVLA. So you need to forget clutching at a straw that doesn't exist and is therefore irrelevant.

    PoFA 2012 brought in the possibility of keeper liability where the identity of the driver was unknown to the PPC.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 152,862 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 August 2014 at 5:19PM
    Waxdoll2 wrote: »
    Yes i know! first time for everything! I've learned a lesson now, more attention to detail next time :-)

    I will read the threads you suggested and make a decision. Either way, thanks all for help all, much appreciated.
    Seriously hope you didn't actually PAY just because you missed POPLA? What do you think people did in the MANY years before POPLA existed?! That's right, they ignored debt collector letters & similar from ECP, myself included because my first PCN was from them and I laughed at & just collected the silly threatograms. The sky did not fall in! You missed POPLA, so what, big deal, it's ECP, they are not litigious! Why the heck would you pay just because you missed a deadline to appeal (a deadline which 2 years ago we never had open to us, but we all still happily ignored these PCNs). This goes back years and years, ignoring was always an option and still is, for people who miss POPLA. You missed a trick, that's all.

    If it was Parking Eye I would tell you to be ready to defend in court but it's little old ECP, for God's sake. They send letters. Big wow!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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