Parking ticket EuroCarParks- Big mess- please help

Tara90

Hi everyone,

I am writing asking for help, as no one seems to know what to advise me. I got a ticket from Eurocar parks in November 2016 for overstaying past the maximum time allowed. I didn't actually intentionally ignore it I only became aware of it about two weeks ago at most (its a long story). But it has now reached the stage where they have passed my details onto a debt collection agency called Debt Recovery Plus, (DRP) who are demanding payment of £150, who have said they will be advising their client to take court action against me if I dont pay by 08/02/16.

The complication is at the time my car was in my brothers name so the fine is in his name, so I cant really afford to just ignore it, in case it affects his credit rating, as he will go mad at me.

Please can you guys advise me if I should just pay or appeal it. I have written the following letter to them, but I have not sent it yet..

Miss **** *****
** *** ****
*********
*******
*** ***



To whom it may concern,

PCN Number: **********

I am writing with regards to a ticket that was issued to my brother **** ******* for vehicle ********, on 11th November 2016 for allegedly overstaying past the maximum time permitted in Harefield Retail Park, in Uxbridge. I would like to take this opportunity to clarify that I was the one parking the vehicle at the time of the alleged contravention.

And I would still like to contest the ticket on the grounds that the fine which has been issued is disproportionate. As even if I had overstayed the maximum time permitted, it is still a free car park in small retail park, so if I had unintentionally overstayed it still would not inconvenience other drivers or effect your company financially.

Furthermore no photographic evidence has been provided from your company to substantiate your claim. It has also not been indicated on the letter asking for payment how long I allegedly overstayed, nor has my time of arrival been included.

In addition to the above the Protection of Freedoms Act 2012, also states that;

In accordance of section 1 of the act;
1.

This Schedule applies where—

(a) the driver of a vehicle is required by virtue of a relevant obligation to pay parking charges in respect of the parking of the vehicle on relevant land; and
(b) those charges have not been paid in full.
(c) (2)
(d) It is immaterial for the purposes of this Schedule whether or not the vehicle was permitted to be parked (or to remain parked) on the land.


According to section 7 of the act;

A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met;

(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(4) The notice must be given—
(a) before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and
(b) while the vehicle is stationary,
by affixing it to the vehicle or by handing it to a person appearing to be in charge of the vehicle.

According to section 8 of the act
(7) When the notice is given it must be accompanied by any evidence prescribed under paragraph 10.

I look forward to receiving a response to my appeal. However if I do not hear anything I shall assume that you have cancelled the PCN.

Kind regards,
(signature)
**** *****

pogofish

Don't post this here - your other thread is in the appropriate forum.