New PCN from Eura car parks - advice please!

fastrunner

Hi folks.

Apologies - I have read the newbies sticky but am still a bit confused so wanted to ask before I make it worse.

My wife has today received a PCN from Eura car parks for 15/08/14 for the Bromsgrove Street car park (waste ground with rubble) in Birmingham.

The car park permitted a £2.50 all day parking which she paid. The PCN has photographs of the number plate and states she arrived at 10:40 and left at 13:06 and the permit did not cover the date and time of parking.

I might need to go back and check signage etc but am assuming (we can't fully remember) that if the machine needed the number plate, the info was incorrect and / or incorrect money inserted.

So three quick questions if you don't mind:-
1) is it worth appealing?
2)Will the standard template suffice or should I amend anything?
3)if we appeal and loose will the fine default to the £100 and we loose the option to pay a lower about of £60?

Sorry to ask but I have read the section several times and am still unsure

Redx

1) , yes , always appeal (but usually you wait for the NTK unless this IS the NTK))

you missed this in the newbies thread

This isn't a real parking ticket. Don't be scared. The details do not matter! You always have a case to challenge a private parking ticket, whatever the circumstances even if they have photos.
OUR APPEALS HAVE 100% RECORD FOR THE BPA'S 'POPLA'

2) yes it will , but you can add a point D saying the DRIVER paid for a ticket, copy attached or enclosed (keep the original payment ticket)

3) doesnt matter as you will win the case and pay nothing, stop worrying about an extortionate "discount" - focus on winning the case because you have done nothing wrong according to your post

fastrunner

Thank you - we do not have the ticket unfortunatly however hence my concern. This was thrown out and despite best efforts of trawling the recycling bin it can't be found. This is why I am assuming that either the reg number was wrong or not enough money was put in the machine to cover the £2.50 all day (the machine prints no matter what you put in).

Redx

in that case use the template letter "as is" if this is the NTK you received

in future keep any parking charge receipts for a few months, just in case !

Coupon-mad

fastrunner wrote: »

Thank you - we do not have the ticket unfortunatly however hence my concern. This was thrown out and despite best efforts of trawling the recycling bin it can't be found. This is why I am assuming that either the reg number was wrong or not enough money was put in the machine to cover the £2.50 all day (the machine prints no matter what you put in).

And your confusion is understandable because the NTK doesn't tell you - which can and should be argued to be a POFA 2012 omission.

If you look at the link in the newbies thread to the Act, paragraph 9 says a NTK by post has to state the sum of the parking charge which remains unpaid. Now clearly that is NOT the 'parking charge' of £100, to any ordinary man in the street, it's what it says on the tin - the fee that remains unpaid (i.e. if the driver should have paid £2.50 and only paid £2 then the NTK should state that 50p remains unpaid, in an honest and straightforward interpretation of paragraph 9 of the POFA). Then it would go on to lie that £100 is the charge arising (LOL, tell us another!).

The NTK has to spell out the circumstances that gave rise to the parking charge. Clearly yours doesn't if you are left wondering.

So when it comes to POPLA stage you can include an appeal point about the NTK being non compliant (as above). Which is included in some of the examples in the 'How to win at POPLA' link in post #3 of that thread. There's probably a Euro car parks example there but don't restrict yourself to only looking at that example. I know the Civil Enforcement example POPLA appeal has a paragraph about paragraph 9 non-compliance which could be plagiarised for a ECP appeal in due course.

Coupon-mad

By the way please confirm it is in fact a letter from Euro car parks, not 'Eura' who don't exist and cannot get your data/address at all?