Euro Car Parks PCN

chile_paul

Hi all,


I've received a Parking Charge Notice from Euro Car Parks having stayed in a car park for 16 minutes without paying whilst on holiday in Rye.


Having read the forums I think I've got a good chance of appealing, but I'd appreciate any input the wise members of the forum can offer.


Specific points for appeal:


The charge is disproportionate and not commercially justifiable - they're charging £80 for a 16 minutes stay which equates to circa £320 an hour


The notice to keeper is incorrect, in that it failed to meet the timescales set out in the POFA Act 2012. I parked in the car park on the 5th May and the PCN that I received was dated the 20th May (I only received it on the 27th May). As I understand it they should have issued the PCN on the 19th May, 14 days after the date I parked in the car park. Given they've posted the PCN they also should have allowed for it to arrive on the second working day after it was posted (which means that they should have issued the PCN and posted it on the 16th May)


My final point is that there was somebody present and in control of the car all the time it was in the car park (the passenger had popped into the Fish & Chip shop!!!) - this however is impossible for me to prove and I'm not sure whether this would be a legitimate point to appeal on anyway. As a result I'm not going to include this in my appeal.


Does anybody have anything to add?


Thanks in advance for your help

Fruitcake

chile_paul wrote: »

Hi all,


I've received a Parking Charge Notice from Euro Car Parks having stayed in a car park for 16 minutes without paying whilst on holiday in Rye.


Having read the forums I think I've got a good chance of appealing, but I'd appreciate any input the wise members of the forum can offer.


Specific points for appeal:


The charge is disproportionate and not commercially justifiable - they're charging £80 for a 16 minutes stay which equates to circa £320 an hour


The notice to keeper is incorrect, in that it failed to meet the timescales set out in the POFA Act 2012. I parked in the car park on the 5th May and the PCN that I received was dated the 20th May (I only received it on the 27th May). As I understand it they should have issued the PCN on the 19th May, 14 days after the date I parked in the car park. Given they've posted the PCN they also should have allowed for it to arrive on the second working day after it was posted (which means that they should have issued the PCN and posted it on the 16th May)



My final point is that there was somebody present and in control of the car all the time it was in the car park (the passenger had popped into the Fish & Chip shop!!!) - this however is impossible for me to prove and I'm not sure whether this would be a legitimate point to appeal on anyway. As a result I'm not going to include this in my appeal.



Does anybody have anything to add?



Thanks in advance for your help

POFA 2012 requirements as far as I am aware are, under 14 days if ANPR used, 29 to 56 days if no ANPR (windscreen ticket or observed by boots on the ground.) I assume there was no windscreen ticket as the person in the car would have noticed.

You should appeal as keeper on ALL the points in the appeal template in the Sticky thread for NEWBIES. Add in non compliant POFA point if ANPR was used. (The NTK should have a time and date stamped piccy of your car if this was the case.

chile_paul

Fruitcake wrote: »

POFA 2012 requirements as far as I am aware are, under 14 days if ANPR used, 29 to 56 days if no ANPR (windscreen ticket or observed by boots on the ground.) I assume there was no windscreen ticket as the person in the car would have noticed.

You should appeal as keeper on ALL the points in the appeal template in the Sticky thread for NEWBIES. Add in non compliant POFA point if ANPR was used. (The NTK should have a time and date stamped piccy of your car if this was the case.

Hi, thanks for your comments, yes I should have stated that this was ANPR. It has a photo of my number plate only, not the whole car. I'm not sure if this is a point to dispute.

Fruitcake

chile_paul wrote: »

Hi, thanks for your comments, yes I should have stated that this was ANPR. It has a photo of my number plate only, not the whole car. I'm not sure if this is a point to dispute.

Yes, make that an additional point that there is no proof your car was even in this car park at this time. Don't lie, (don't say the car wasn't there) but state that you put the PPC to give positive proof that it was there on the date and time stated as the photo could have been taken in your back garden or anywhere in the world.

If you want someone here to have a look at the NTK you can scan or photograph a redacted copy and upload it to a web hosting site such as tinypic or Photobucket, then post the URL here but change http to hxxp and someone here will then change it so it can be viewed. (Newbies can't post links or pictures.)

chile_paul

Fruitcake wrote: »

Yes, make that an additional point that there is no proof your car was even in this car park at this time. Don't lie, (don't say the car wasn't there) but state that you put the PPC to give positive proof that it was there on the date and time stated as the photo could have been taken in your back garden or anywhere in the world.

If you want someone here to have a look at the NTK you can scan or photograph a redacted copy and upload it to a web hosting site such as tinypic or Photobucket, then post the URL here but change http to hxxp and someone here will then change it so it can be viewed. (Newbies can't post links or pictures.)

Thanks for the advice, you should be able to see the image of the NTK at the following link

http://i.imgur.com/cQVVLSt.jpg?1

nigelbb

Fruitcake wrote: »

POFA 2012 requirements as far as I am aware are, under 14 days if ANPR used, 29 to 56 days if no ANPR (windscreen ticket or observed by boots on the ground.) I assume there was no windscreen ticket as the person in the car would have noticed.

If there is no windscreen ticket (Notice To Driver) then the NTK must be delivered by Day 14 where the day after the parking 'crime' is Day 1. Whether it's ANPR or a bloke on a bike with a notebook & camera if there is no NTD the NTK must arrive by Day 14.

Fruitcake

nigelbb wrote: »

If there is no windscreen ticket (Notice To Driver) then the NTK must be delivered by Day 14 where the day after the parking 'crime' is Day 1. Whether it's ANPR or a bloke on a bike with a notebook & camera if there is no NTD the NTK must arrive by Day 14.

Thanks for the clarification.

Fruitcake

chile_paul wrote: »

Thanks for the advice, you should be able to see the image of the NTK at the following link

http://i.imgur.com/cQVVLSt.jpg?1

The picture is in black and white so could be your front number plate twice. Which way does the exit camera face. If it is looking at the back of the car then you can't tell from the photo which way the car is going.


They say in that PCN,




"... you were the registered keeper of the vehicle:
Or you have been named by the registered keeper as the driver..."


So which is it? It is unclear as to whom this is addressed.


Also,


"We are using cameras to capture images of vehicles entering or leaving the car park ..."


but they haven't supplied you with a picture of your vehicle, only a picture of a number plate which could actually be two copies of the same photograph.


I have a colander that will be more watertight than that NTK at appeal.


Construct your appeal and add in the above points, then send it first class from a Post Office and get a free proof of posting certificate (not registered post.)