Parking Charge Notice when the meters were broke

Redx

yes you will probably have to email popla , then ring them up and ensure they have received it and added it to your "file" using their popla reference

Mr_Benn

Good afternoon all. Could you be kind enough to read thru my final letter to POPLA, before I send it to them . Thank you.

25th February 2017
Reference ****
Having read through the email from Euro Car Parks dated 22/2/2017 I would like to once again contest the information, or lack of it, that they have provided. In summary, as well as still failing to respond to specific questions we have asked, they have provided details of another person’s case against them, thus totally invalidating any of their evidence on this case.

On reading through their document, they have still failed to provide some of the information we were right to request to substantiate the appeal.
Also, the overriding fact in this document is that they have constantly made incorrect and misleading information regarding the driver of the vehicle. At no point has the driver of the vehicle been declared by myself the owner, as confirmed in their own reply “Mr *** then appealed the PCN on confirming to be the registered keeper of the vehicle. However, he did not confirm to be the driver”.
However, ECP have made several statements where they have mis-leadingly named the driver as either “Mr ***”, “her”, or finally a person completely unknown as “ follows, showing the relevant popint from ECPs reply ;
Point 3 : “Figure 2 shows the tickets purchased at the machines during Mr *** stay in the car park”

Point 5 :“Mr *** has failed to enter in full registration“

Point 6 : “during Mr ***’s stay in the car park

Point 10 : “It is Mr ***’s responsibility to ensure that he looks for signage”

Point 3: “Mr *** has failed to enter in her full registration“

“Euro Car Parks then responded to Mr *** advising her that the car park”

“no pay and display ticket was purchased matching her vehicle registration”

Point 9: “I can confirm that Euro Car Parks have given Ms ***** the suitable grace period of 10 minutes and was issued a Parking Charge Notice

With the amount of factual mistakes and constantly referring to the driver as “her”, and even naming a person completely unknown to myself or this case “Ms ***” , then this must invalidate any information that they have provided, as it appears that they have just copied details probably from a case completely separate to this one. I believe the case should be cancelled on these serious points of error by ECP.



With regards to the other information that ECP have supplied , or once again have failed to provide:

Figure 1: They have still failed to show a clear photo of the vehicle entering the car park. The one provided is of a very dark nature, and the registration number is in no way identifiable. They have included separate photos of the registration plate to try and cover this. Neither photo shows any visible sign that it was taken at the car park in Kings Heath.
All of the signage photos that ECP have now provided are from 2015, and not one of them are from the present time. For ECP to claim that none of them has changed in any way is pure speculation
Figure 2 : Despite being asked on two separate occasions ECP have still refused to provide any evidence showing that either meter was working at the point of vehicle entering the car park. They have also failed to provide any evidence from the meters for a further 7 minutes after the time they say the vehicle entered the car park. They have however chosen to show the meter working 9 minutes after the vehicle left the car park, which shows no purpose other than to exaggerate the information given.
Despite being specifically requested to they have also failed to show what the payment method was for the transactions they have provided. This is relevant as we have already stated that the only method of payment at the time was by cash.
They have failed to produce some of the other information I asked for, which I will mention below.


Despite being twice requested, ECP have still failed to provide any evidence showing that either meter was working within a 7 minute period from the point of the vehicle entering the car park . They have however chosen to show the meter working 9 minutes after the vehicle left the car park ! They have also failed to show what the payment method was for the transactions on their list, as we have already stated that the only method of payment at the time was by cash.
We specifically asked ECP to show recorded evidence that the meters had been checked on the date/time of the PCN. Again this hasn’t been provided by ECP.
In my appeal I made the following specific request “. I require Euro Car Parks to provide records with the location of the cameras used in this instance, together dates and times of when the equipment was checked, calibrated, maintained and synchronised with the timer which stamps the photo images to ensure the accuracy of the ANPR images. As the parking charge is founded entirely on 2 photos of the vehicle number plate allegedly entering and leaving the car park at specific times it is vital that Euro Car Parks produces evidence in response to these points.
ECP have failed to provide any documentation showing that the cameras were tested on, or around, the time of the PCN. All they have stated is “Our Technical Teams visit the site/s regularly and monitor camera alignment and all on site equipment “


According to ECP , their contract with ECP Holdings “is an ongoing/rolling agreement”, however there is no proof of that given. It is not clear from the signatures on the document what role within the company these persons are, and its also not clear even in print who the signature for ECP is.

Coupon-mad

Your comments look fine. To be clear to POPLA, I would start by saying:

These are my comments on the evidence that was only received on xx/xx/17.

And this part looks to be repeated:

Despite being twice requested, ECP have still failed to provide any evidence showing that either meter was working within a 7 minute period from the point of the vehicle entering the car park . They have however chosen to show the meter working 9 minutes after the vehicle left the car park ! They have also failed to show what the payment method was for the transactions on their list, as we have already stated that the only method of payment at the time was by cash.

Mr_Benn

Just to confirm I submitted my response. I have now also received a mail from POPLA saying that I have 7 days to respond to ECPs documents.


Thanks guys and fingers crossed ...

Mr_Benn

And here is the much awaited good news on my appeal .....


"Decision Successful "


Took me a minute to understand if it was successful as I missed that opening line , and they put loads of spiel on the account.


They said that the appeal was successful because the
photographs provided by the operator show that the charge is printed in small writing along with other information. The terms and conditions are in a reasonably sized font, however the charge is a lot smaller than the rest of the information. Which was one of the points I made.
I was really surprised I won on that as you would've thought Euro Car Parks (spits on floor !) would know this and made sure they were right. Tho I guess what percentage actually just pay without fighting ...
Bizarrely it was strange winning on that point as I was sure it would be won on the fact they had used info from someone elses case. The POPLA chappie said he noted that id made other points, but he didn't need to look at them as he ruled on that point alone


Just to say thank you to everybody who provided help on this case. If we meet in a pub I will happily buy you a drink or 2


I will put the details in the other thread about POPLA decisions.