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Euro Car Parks PCN - proving machine didn't work

Hi everyone, this is my first thread post so I hope I'm doing it right.

I'm trawling through the forums and believe that Euro Car Parks cannot force me to inform them of who the driver of the vehicle was - is that correct?

A number of years ago, I just completely ignored every letter that Euro Car Parks and their debt collectors and solicitors sent to me - it just went away. Now there seems to be more talk of sending specific replies so I'm not sure which approach is best; to ignore or to challenge.

The driver told me that the machine would not take pound coins and that another individual at the car park had the same problem but had alternative change to use. The driver of course cannot prove that though so I probably can't use that as central to my defence. The driver remained in the car the entire time at the car park by the way but I guess that would still be classed as parking.

From what I read, my central defence is that I was not the driver and that they cannot force me to tell them who was the driver as that as a result, they cannot force me to pay their PCN. Do I have that about right? If so, the only question really for me is whether I should ignore all correspondence OR should reply to better avoid it eventually going to court.
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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    Everyone is politely asked to read up on this in the Newbies faq thread near the top of the forum before starting a new thread

    Your queries are all answered there.

    Go there now for up to date advice which you need to follow
  • Smyles
    Smyles Posts: 11 Forumite
    I've been looking through the FAQs since yesterday and can't find anything related to payment machines not working.

    From what I see, I shouldn't ignore the letter but respond by email; presumably to info@eurocarparks.com?

    Should I refer to the machine not working as the key point or skip that as it can't be proved either way?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 14 October 2017 at 12:19PM
    "frustration of contract" is all about faulty machines and parking prankster has blogged about it

    its a part of any defence , but you dont have a court claim (yet)

    IF you are at the DEBT COLLECTOR stage , post #4 of that NEWBIES thread is what you need to read

    you are at stalemate , until you receive either an LBC or an MCOL

    IGNORE anything EXCEPT those 2 items , if and when they come you need to deal with them

    debt collectors are powerless, IGNORE them

    read post #1 if you have a recent pcn to deal with

    read post #2 for an LBC or an MCOL

    read post 3 if you are at the second stage appeal point

    read post #4 if you are at the debt collector stage

    read post #5 for details on acronyms etc
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Smyles, can you please go back and delete your post here:
  • Smyles
    Smyles Posts: 11 Forumite
    I haven't posted anything in Gladstones / Millennium claim form.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Smyles wrote: »
    I haven't posted anything in Gladstones / Millennium claim form.
    Do you think I'm daft? Not many people want to help a liar.

    Thank you for deleting your first post.
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Smyles wrote: »
    I've been looking through the FAQs since yesterday and can't find anything related to payment machines not working.

    The very first paragraph of Post 1 covers this completely...!
  • Smyles
    Smyles Posts: 11 Forumite
    Many thanks, that's help me to drill down.

    Years back I even ignored the LBC and never heard back from Euro Car Parks, their debt collectors or their solicitors.

    When it gets to LBC stage, I prefer not to identify the driver. I'm still unclear as to whether I am obliged to identify the driver.
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    I prefer not to identify the driver. I'm still unclear as to whether I am obliged to identify the driver.
    You have no obligation to name the driver
  • Smyles
    Smyles Posts: 11 Forumite
    pogofish wrote: »
    The very first paragraph of Post 1 covers this completely...!

    Pogofish, I still don't see it. We must be referring to different posts/threads.

    I was looking in the "**NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!" started on 10th Nov 13 at 4:35 PM.
This discussion has been closed.
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