Grounds for appeal ?

greentreeman

Hi people,
I've read the stickie as best i can so here's my question. I have recieved a pcn in the post from euro car parks that says the driver overstayed the allowed time by 70 minites.( ANPR) the time allowed they say allowed is 50.(shrub hill retail park - car park 2 Worcester).
There are two car parks there both operated by euro , immediatley adjacient to each other and connected by a foot bridge. However the other car park has a limit of two hours, the exact time the driver was there. The driver believed that both car parks had the same time limit ot two hours. I think that may be grounds for appeal ?? should i wait the 26 days and use the template letter then ?
Thanks in advance.

Redx

just use the template appeal, as keeper, on day 26

greentreeman

Hi again,
So , I'm about to send my first appeal to eurocarparks as it's close to the end of the 28 days.
what are your thoughts on this ?

" Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.
I draw your attention to the fact that although shrubhill retail park is a single retail park, you choose to separate your charges between the two sides of your carparks without clear enough signage of the two different charges. The signs are very similar unless observed from a very close distance and the driver could have believed the two hours limit from the other half of the carpark applied.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,
xxxxxxxxxx "

Or should I just use the template as is ?
Thanks in advance.

DoaM

Your 2nd paragraph somewhat contradicts the 1st, so I'd be minded to keep the appeal exactly as per the template. (At least you wrote it in the correct manner, without identifying the driver).

sarahlabella

Hi

I have just had same letter and I also assumed time limit was 2 hours.

Please let me know how your appeal went.

Thanks

Sarah

Coupon-mad

sarahlabella wrote: »

Hi

I have just had same letter and I also assumed time limit was 2 hours.

Please let me know how your appeal went.

Thanks

Sarah

Sarah - welcome, but you've replied on an APRIL thread, it's ancient.

Please read the NEWBIES thread first. Don't ask where it is, I've told you below.