After just winning a POPLA!

fisherjim

DD1A wrote: »

Do these anpr carparks have a grace period say for example you pulled in to turn around and drive out or they just issue a pcn as no ticket was purchased?

All contained in the BPA COP:

http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf

DD1A

No 1 first stage of appeal done acknowledgment received. Thanks for the useful info fisher, I have a feeling the ecp anpr pcn is going to be a very tough May near impossible to win if they tick all the boxes on that code of practice on their site. Going to take a trip back down there over the weekend to see if some evidence can be gathered.

Coupon-mad

Evidence about lack of signage in any old dark corner could win the day. Equally, we often beat ECP on the fact they supply landowner contracts with a lack of info. This one was funny:

https://forums.moneysavingexpert.com/discussion/5686599

Even if it is lost at POPLA, ECP are ignorable. I've ignored them myself; nothing happened.

DD1A

Hello back again after waiting nearly the 35 days they stated ecp would be in touch, they wouldn’t let anyone slip through the net would they.

The reply was as followed, they did attached a poor quality picture of the carparks t&c sign at the bottom of the Pdf as well

Thank you for your letter of appeal. The details of the Parking Charge Notice are as follows: Parking Charge Notice Number: 88——— Date of Issue: 06/08/2017 Vehicle Registration Mark: ———— Time of Issue: —— Car Park: Wish Street - Rye Breach of Terms and Conditions: No valid pay and display/permit was purchased
Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons:  The car park is operated by Automatic Number Plate Recognition (ANPR).
 Cameras capture an image of vehicles entering and leaving the car park and calculate their length of stay on site.
 When purchasing a pay and display ticket, you must enter the correct vehicle registration number (VRM) and this information is directed to the camera system.
 I can confirm that no pay and display ticket matching your VRM was purchased at the time of the terms and conditions.
 The signage is clear, a valid pay and display ticket must be purchased for the full duration of your stay on the car park.
 I can confirm the parking charge notice was issued correctly and remains payable.
 With regards to the reference to “Pre-Estimate of Loss/breach of consumer contracts 1999.” Please be advised that the Supreme Court has made judgement (04/11/15) that clearly sets out the issue of parking charge notices on private land (law of contract applies) and in particular pre-estimate of loss. The parking charge notice is enforceable on the basis that it protected a legitimate interest when the driver failed to adhere to the terms and conditions and was not extravagant, exorbitant nor unconscionable.
The parking charge is not an unenforceable penalty and does not breach the Unfair Terms in Consumer Contracts Regulations 1999.
 - It’s the driver’s responsibility to check the signage prior to leaving the vehicle on site.
 - Contract Law Applies Please make payment of the discounted amount of £40.00 by visiting our website at https://www.eurocarparks.com. Please note there is a £1.50 handling charge for credit and debit card payments. Alternatively make your cheque payable to Euro Car Parks Limited (to include a £2.50 handling charge for cheque processing) and post to Euro Car Parks Ltd, 30 Dorset Square, London, NW1 6QJ, quoting the PCN number on the reverse of the cheque. Payment can also be made using our automated telephone service on 020 3553 4559 (no handling charge is applicable). This amount is now due and the charge will be held for 14 days to allow time to make the payment. If payment is not received by this time the charge will increase to £80.00 (plus applicable handling fee). You have now reached the end of our internal appeals procedure.
You can make an appeal to The Independent Appeals Service (POPLA) within 28 days online at https://www.popla.co.uk with the following reference number ————.
Alternatively, if you wish to appeal to the Independent Appeals Service by post a copy of the appeal application can be sent at your request. Please be advised that if you opt for independent arbitration of your case the ability to pay the parking charge at the reduced rate will be at an end. If you opt to pay the parking charge notice you will be unable to appeal to POPLA. If you choose to do nothing, we will seek to recover the monies owed to us via debt recovery procedures and may proceed with Court action against you. By law we are also required to inform you that Ombudsman Services (https://www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.
Yours sincerely
PCN Coordinator Parking Charge Notice Department

Coupon-mad

Right, as expected, so please show us your draft POPLA appeal like everyone does, at this stage.

DD1A

CM - say this case does not win this time at popla would the payment then be at the higher £80 rate?

Coupon-mad

Where do you see any posters whatsoever, paying if they lose at POPLA? No-one PAYS!

DD1A

We weent for a little trip the other day and the signange is dreadful I took a load of pictures which I will put together for the popla and repost. Any key pointers I should put across other than the obvious in clear signage
https://www.flickr.com/photos/152664254@N06/shares/458k15

peter_the_piper

Hope you enjoyed the fish and chips.

KeithP

Ten days since your first appeal was refused.

How's your POPLA appeal coming along?
Please don't miss the deadline.
Please don't leave it to the last minute.