Appeal rejection information

beansy

Hi

My son followed the Parking ticket, Fines advice and appealed against his windscreen PCN from Euro car parks as the Registered Keeper and had an automated response stating Appeals received with full and concise information will ensure that your parking charge notice is placed on hold and there will be no increase in the amount.

He has since received their response stating having carefully considering the evidence provided by you we have decided to reject your appeal for the following reasons, etc, etc.

It then goes on to say Euro Car Parks do not need to provide evidence of who was driving the vehicle, it is the driver who is liable any charges arising from arising from a trespass or for not complying with the rules for parking which in most cases is simply a breach of contract and it is the driver who is tresspassing or breaches the contract.

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 with the day after the notice was given. If the full amount remains unpaid, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act")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. If you were not the driver please provide the full details of the driver of the vehicle at the time the parking charge notice was issued. Or we will pursue you for any parking charge unpaid.

The PoFA does not alter the principle of driver liability. What it does do is to allow proceedings against the register keeper for unpaid parking charges when the landowner or their agent does not know who the driver was at the time. The creditor/operator must follow the procedures set out in PoFA Schedule 4 to achieve the benefits of keeper liability.

Please make payment of £90 by visiting our website etc etc.

You have now reached the end of our internal ppels procedure.

You can make an appeal to The Independent Appeals Service (POPLA) within 28 days online (a reference number has been provided). Please be advised that if you opt for independant arbitration of your case the ability to pay the parking charge at the reduced rate will be at an end. [/B] 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 monies owed to us via debt recovery procedures and may proceed with Court action against you.

It then goes on to say that they are also require to inform him that 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.

Apologies for the lengthy post but can anyone please clarify that if my son decided to pay the original fine(although he wasn't the driver of the vehicle at the time in question) he could pay the £50 instead of the £90 which in the auto reply stated would be placed on hold and there would be no increase> As he has been out of work since and hasn't received any wages for the past 6 wks and can't afford to take the risk of it increasing further?!!

Redx

its an invoice , not a "fine" , the F word is "banned" on here , lol

nobody here would encourage you or him to pay a penny , unless a judge says so, in civil court

ideally , he should appeal to POPLA using the popla code , within 28 days of the rejection letter

post #3 of the NEWBIES sticky thread will assist in a popla appeal draft

what was the alleged contravention (transgression) by the driver ?

beansy

Thank you for your reply. It was for being parked in a mother & child bay.

We don't know how or who put it there as he had only purchased the car the w.e. before but he only received 1 key when he bought it. Car park is only a stones throw away from his rented property residential parking area.

I visited him just after 10 am and thought he was out as his car wasn't there. When I called him to ask where he was, he was in the house. I asked him where his car was and he thought I was pulling his leg.

I told him it wasn't in the car park and assumed it must have been stolen. I saw his neighbour next door and asked him if he had seen anyone hanging around or unusual activity and he said no so I told him what had happened.

I then popped over to Lidl to get a few items while he phoned the police to report the car missing and as I walked into the car park I had to look twice as his car was parked at the front of the store with something on the windscreen.

As I approached it the car park attendant came over to have a chat with me and asked if I knew who it belonged to. I told him it was my son's and that he had just discovered it missing and asked him if he knew how long it had been there?

He said he didn't know but he had noted there was no-one in the store with young children so phoned Euro car parks who told him to put a parking ticket on the car, which was recorded as 09.34.

I then phoned my son to tell him that I had found the car in Lidl's car park and told him not to bother phoning the police but to come over to the store straight away.

In the meantime, the attendant had taken the ticket off the windscreen and removed the content from the packet and told me how to make the payment. I didn't get to see what the outer envelope said as he didn't give it to me.

There was less than 1 hr between him writing the ticket and my visit to the store.

My son then tried to make contact with the seller of the vehicle to see if he was aware of any other keys to the car but he was told he was working away in London and the person he spoke to didn't have a contact number for him and wasn't aware of when he was due back.

So after googling for some help and advice I came across this thread on MSE and he took the advice and made the online appeal as suggested.

He still doesn't know how the car got there but was relieved to have it back in one piece.

His worry now is that if he doesn't pay the fine which he can ill afford, it will increase in value. So he is thinking that his best option would be to pay the least he can?

KeithP

When you posted last month you were asked to break the text into paragraphs.

What happened to that idea?

You really should make it easy for people to help you.

beansy

Really sorry I have just amended it.

I was just closing down my PC to retire to bed when I noticed RedX's kind reply and rushed to acknowledge his question and got carried away.