Euro Car Parks Ticket

scoey8

Hi all, looking for some advice on a parking ticket i received from 'Euro car parks'.

Basically i was taking my cats out for a walk (i know, i know, but i felt sorry for them as they have never been outside. Also wasn't my decision to keep house cats). Took them to a local nature park which is usually very quiet. However this turned out to be a bad idea as upon pulling in and getting them sorted i noticed there were quite a few dogs nearby. Ended up being in the car park 16 minutes and as i never actually left the car and was busy trying to round up two cats which had hid under the seats i forgot to buy a ticket.

I'm guessing i should just pay this and put it down to my own stupidity?! They are asking for £40 in 14 days or £70 in 30 days. They have sent photos of my vehicle reg also.

Any advice would be appreciated.

pogofish

Have a good read of the Newbies Sticky to see where you stand with seeing ECP-off. You don't need to assume you have to pay!

Edna_Basher

By any chance, is this one of Kent County Council's country parks?

scoey8

Hi Edna, Yes it was indeed.

System

Suggest you appeal as keeper without letting the cat out of the bag that you were driving. Don't want you to be a sourpuss

scoey8

IamEmanresu wrote: »

Suggest you appeal as keeper without letting the cat out of the bag that you were driving. Don't want you to be a sourpuss

Thanks, to be honest i'm just trying to stay pawsitive, although the whole thing has not left me feline too good.

Edna_Basher

Hi scoey8

ECP are relatively easy to beat - check out the blue template BPA first appeal letter on the Newbies Sticky Thread.

However, if you fancy putting the cat amongst the pigeons (or cats in your case), you could be a bit more forceful - so long as the country park in question was one of these......

http://www.kent.gov.uk/leisure-and-community/parks-and-outdoor-activities/find-a-kent-country-park


If you do a bit of homework on Schedule 4 of the Protection of Freedoms Act 2012, you’ll see that ECP should not be seeking to hold vehicles’ keepers liable for charges incurred on council-owned land.

Here’s a suggested alternative to the template appeal letter:


"Dear Sir,

Parking Charge Ref. [xxxxxxxxxxxxx]: Vehicle Registration [AA11AAA - Formal Dispute

I refer to the above Parking Charge Notice (“PCN”) issued by Euro Car Parks Ltd (“ECP”) as a Notice to Keeper in respect of an alleged contravention of the terms and conditions of parking at [Name of Country Park] by the driver of the above-detailed vehicle on [Date of Incident].

I confirm that I am the keeper of this vehicle for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally dispute the validity of this PCN.

As ECP already knows, the car park at [Name of Country Park] is owned and provided by Kent County Council, a "traffic authority" as defined under Paragraph 3 of Schedule 4 of POFA; this car park is therefore not "relevant land" under POFA. I am very concerned that ECP is claiming that it has the right under POFA to claim unpaid parking charges from the vehicle’s keeper, even though it should have been obvious to ECP that no such right exists.

Please provide within the timescales specified under the British Parking Association Ltd Code of Practice, written confirmation of ECP’s cancellation of this charge. Alternatively, should you still believe that ECP has a valid claim, please provide me with details of the Independent Appeals Service (POPLA) and a unique POPLA appeal reference so that I may escalate my dispute to POPLA.

I shall continue to reserve all rights including the right to complain to the British Parking Association Ltd in respect of ECP’s breaches of its Code of Practice and also to the DVLA in respect of ECP’s misuse of my personal data.

Thank you for your cooperation and I look forward to receiving ECP’s notification that this charge has been cancelled.

Yours faithfully etc.”


ECP has a facility for submissions to be made online.

scoey8

Wow thanks Edna,

Not at all disputing the validity of your suggestion but curious to know if anyone else has used this before with ECP and what was the outcome?

Edna_Basher

We've used the argument a few times against ECP at Kent Council's country parks. Although ECP sometimes cancel at the first stage, the odd one slips through the net and we have to escalate to the POPLA stage.

The outcome's always the same - just like this one.....

https://forums.moneysavingexpert.com/discussion/4488337

A more forceful initial appeal may increase your chances of getting the charge cancelled at the first stage rather than having to go through the hassle of POPLA. Even if ECP reject your appeal, the good people on this forum will help you to win at POPLA.

Coupon-mad

scoey8 wrote: »

Wow thanks Edna,

Not at all disputing the validity of your suggestion but curious to know if anyone else has used this before with ECP and what was the outcome?

We always beat ECP at appeal, either first stage or POPLA.

You will be like the cat that got the cream if you follow our advice.

shaleman

Hi, I have received a parking charge charge notice from ECP in respect of a car park for a Kent Country park.

Is this argument still a valid one to use in appealing the charge?

As ECP already knows, the car park at [Name of Country Park] is owned and provided by Kent County Council, a "traffic authority" as defined under Paragraph 3 of Schedule 4 of POFA; this car park is therefore not "relevant land" under POFA. I am very concerned that ECP is claiming that it has the right under POFA to claim unpaid parking charges from the vehicle’s keeper, even though it should have been obvious to ECP that no such right exists.