ECP POPLA Code issued...now what?

first78

I recently received a PCN from Euro Car Parks. I completed the appeal and today received my POPLA code and a letter detailing the reasons for my appeal being rejected for the following reasons:

"The car park is operated by an ANPR system which captures images of everybody car upon entry and exit of the car park and calculates the length of stay.

Signage is clear and drivers are subjected to a maximum stay to ensure the free parking is not abused. When parking on private land it is the responsibility of the driver to look for signage and to ensure that their vehicle is parked in accordance with the terms and conditions as stated.

Please see the attached image of the signage on that site that clearly states failure to comply with the car park regulations will result in the issue of a parking charge notice. It is clear from your communication that you did not read the signage at this site, which is your responsibility as the driver. Therefore I can confirm that that the parking charge notice has been issued correctly and will remain as payable.

Euro Car Parks do not need to provide evidence of who was driving the vehicle, it is the registered keeper's responsibility to inform of the full name and address within 28 days beginning the day after the notice was given. If the full amount remains unpaid, under Schedule 4 of the Protection of Freedoms Act 2012, Euro Car Parks have the right subject of the Act to recover from the keeper of the vehicle at the time it was parked so much of that amount which remains unpaid.

The Protection of Freedoms Act does not alter the principle of keeper liability. What it does do is to allow proceedings against th registered keeper for unpaid parking charges when the landowner or their agent, the parking operator does not know who the driver was at the time.'


I wasn't expecting my appeal to be accepted but as this has never happened to me before I feel intimidated at the contents of this letter and wanted to ask if this is a standard response from ECP and if so how I should proceed.

Many thanks in advance.

MothballsWallet

Have you looked through the NEWBIES thread at the top of the forum?

That has a guide for what you need to do for the POPLA stage. This is where you need to do quite a bit of research - search this board for any recent posts (I'd say no more than 6 months old) that cover the same location and include "POPLA" and "ECP" in your search terms.

Use these as a guide to create your own appeal text and post it here on this thread for others to review and advise on.

If you have any questions, please come back to this thread to ask them.

first78

MothballsWallet wrote: »

Have you looked through the NEWBIES thread at the top of the forum?

That has a guide for what you need to do for the POPLA stage. This is where you need to do quite a bit of research - search this board for any recent posts (I'd say no more than 6 months old) that cover the same location and include "POPLA" and "ECP" in your search terms.

Use these as a guide to create your own appeal text and post it here on this thread for others to review and advise on.

If you have any questions, please come back to this thread to ask them.

I have looked through the NEWBIES thread and feel a bit confused and overwhelmed by all the information there. I'll try doing a search as suggested. Thanks.

Edna_Basher

There's no need to feel intimidated by the contents of ECP's letter - it's just their standard template rejection that they send to everyone.

Hopefully you didn't reveal who was driving when you made your initial submission to ECP. There's currently a flaw in the wording of ECP's postal PCNs which means that they don't comply with the Protection of Freedoms Act. This means that a vehicle's keeper should win at POPLA on this point......so long as the driver has not been identified.

first78

Edna_Basher wrote: »

There's no need to feel intimidated by the contents of ECP's letter - it's just their standard template rejection that they send to everyone.

Hopefully you didn't reveal who was driving when you made your initial submission to ECP. There's currently a flaw in the wording of ECP's postal PCNs which means that they don't comply with the Protection of Freedoms Act. This means that a vehicle's keeper should win at POPLA on this point......so long as the driver has not been identified.

No, I used a template on the NEWBIES thread when I appealed and in that was stated that there would be no admission of who was driving.

I'm struggling with all the info in the NEWBIES thread to work out how/where to start with writing an appeal.

Umkomaas

I'm struggling with all the info in the NEWBIES thread to work out how/where to start with writing an appeal.

Concentrate on post #3 of the sticky which contains four ready-written, extremely detailed POPLA appeal points, most of which apply to any parking charge.

They only need copying and pasting, which will then form the backbone of your own appeal, to which you need add any other points appropriate to the your ECP charge. You will find those by typing 'Euro Car Parks (or ECP) POPLA' into the forum search engine. Use the one immediately above the forum thread list - 'Search this Forum' button, then click on 'Show Posts', not the default 'Show Threads'.

Coupon-mad

Post #3. Templates for POPLA.

Put them together.

first78

Can anyone please point me to the templates for the following:

3) BPA Code of Practice – further non-compliance – photo evidence.
4) The signs fail to transparently warn drivers of what the ANPR data will be used for, which breaches the BPA CoP and the CPUTRs due to inherent failure to indicate the ‘commercial intent’ of the cameras.
5) Amount demanded is a penalty.
6) Photo evidence appears doctored
7) Euro Car Parks Notice to Keeper ‘issued/given’ dates conflict and do not comply with Schedule 4 – No Keeper Liability.
8) No Driver Liability.

I have no computer access and am trying to get my appeal done on my iPad...it has to be submitted tomorrow.

Thanks in advance.

Coupon-mad

Copy it from another one about Euro Car Parks, but check first, what is the 'date given' in the original PCN? Is it the date of the parking event, i.e. BEFORE the date posted? Or a date after the 'date posted'?

Did you appeal only as keeper?

AJ16

Hey, I can give you a POPLA appeal letter that has worked for me a couple of times. I would attach it here but Photobucket is not good and won't let me upload it at the moment.

AJ16

Hey, I can give you a POPLA appeal letter that has worked for me a couple of times. I would attach it here but Photobucket is not good and won't let me upload it at the moment.......................