ECP - First appeal

meater

Hi all,

Really need some help with a parking invoice issued to a friend by Euro Car Parks. Hope someone can help out. Will upload the first correspondence received.

Some key points:

My friend is disabled is a blue badge holder and has Cerebral Palsy.
The car is a lease vehicle but log-book is in my friends name and not the hire firm.
Car park in question offers 2 hours free. Alleged 30 mins overstay.
First letter from ECP is a NTK and doesn't offer at discounted amount. (please see uploaded images)

I know that ECP have been to known to only send a NTK not offering discounted amount. But if questioned they will usually claim they have sent one previously?

Is it best to proceed with a normal appeal or is there anything else worth adding? Not sure if ECP would take much into account in regards to friends condition?

front - https://imgur.com/WszmP0f
back - https://imgur.com/qNbGab7

KeithP

Send the template appeal from the NEWBIES FAQ thread just as it is.

Nothing else needed at this time.

Quentin

Ppcs generally not noted for any consideration like this.

Shouldn't lose too much sleep over euro!

Have you checked out what the bmpa reports on their court activity??

Don't let your friend be considering paying the so called reduced amount!!

The_Deep

[FONT=Times New Roman, serif]This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences. [/FONT]

[FONT=Times New Roman, serif]Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (who take hundreds of these cases to court, and nearly always lose), who have also been reported to the regulatory authority. [/FONT]

[FONT=Times New Roman, serif]The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.[/FONT]

[FONT=Times New Roman, serif]http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41[/FONT]

[FONT=Times New Roman, serif]and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.[/FONT]

meater

Thanks guys. Yes have tried to reassure them that ECP don't do court and that they usually just try scare tactics. Will get them to send standard appeal off tomorrow.

Coupon-mad

I suggest they upload a copy of the Blue Badge (as the NEWBIES thread does say to add, if applicable, plus any receipts for shopping if it is a retail park) and replace this template wording:

I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner.

If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.

...with this at the end instead (if you need to remove more text, replace the template itself as your friend doesn't need the stuff about signage and could just put this in online & upload the BB):

I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner. As a purported 'Service Provider', I trust Euro Car Parks are familiar with your statutory duties under UK disability law and will be aware (among other provisions of the Equality Act 2010 - the 'EA') that a failure to make a 'reasonable adjustment' of time is discrimination. Not only that, your client is jointly and severally liable for your conduct.

Whilst an arbitrary time limit of 2 hours free parking for shopping activity might be sufficient for the able-bodied patrons of this site, it is not sufficient for those patrons with mobility and other relevant 'protected characteristics' under the EA. I have Cerebral Palsy and I was an occupant of the car. There is sufficient case law and published articles regarding legal action started by DMUK, that confirm the fact that it is illegal for you or your client to charge me for the extra parking time I need to go about daily life.

I have uploaded a copy of my Blue Badge and trust you understand the seriousness of your failure in your statutory duty. ANPR with a set time limit is unfit for purpose where disabled service-users 'at large' are concerned. It is no lawful excuse to reply that you 'could not have known' about my condition, because it is irrelevant when the issue is 'indirect discrimination' against disabled visitors at large, for which there is no such lawful justification.

To avoid a breach of the EA (a criminal offence), ECP could have taken very simple, reasonable steps to make extra time available to disabled visitors by a method advertised at the retail tills and CS desks and prominently on your signs, and/or ECP could have bothered to use a parking operative physically at the location to police the disabled bays and check Blue Badges, not to issue more PCNs but to positively exempt those cars from the ANPR system. You did nothing.

I urge ECP to reconsider your position and seek legal advice if not cancelling, because I can in fact sue ECP and your client, who are jointly and severally liable for my serious distress, due to your discrimination and harassment. The authority for my right to seek compensation for distress, likely to be upheld in a four figure sum, is: Blamires v Local Government Ombudsman, Leeds County Court - 1 Jul 2017 - Case No: 3SP00071

I require that you add my VRN to the location's white list, which is the only consent I give under the DPA for ECP to further process/share with the retailer my VRN data - to exempt me/this car in future, from your 'outrageous scam' (Hansard 2.2.18). Do not contact me again about this matter unless to provide a POPLA code. This will cost you time and money, because win or lose at POPLA, I have no lawful reason to pay for a reasonable adjustment of time.

Notwithstanding my right to appeal to POPLA, I would prefer to end this sorry tale now, and trust ECP agree. I consent to your contacting me once more, to apologise for this discriminatory charge and to confirm that the Parking Notice is cancelled, that my car is white-listed and I will never be troubled again by your company or your agents.

meater

Thanks so much to C-M and everyone else who replied. ECP have cancelled the charge. My friend will be getting in contact with Sainsbury's and hopefully be added to an exemption list.

Coupon-mad

Quite right too, given the circs:

My friend is disabled is a blue badge holder and has Cerebral Palsy.
The car is a lease vehicle but log-book is in my friends name and not the hire firm.
Car park in question offers 2 hours free. Alleged 30 mins overstay.

I asked for a relative's car to be added to a Supermarket's white list last week, showing them the Blue Badge. They looked at me like I had two heads, firstly trying the old chestnut ''we don't own the car park, the parking firm do'' (errrrmmm...wrong, you own the car park, it's well known locally. Try again).

Then she phoned up the Manager - last time I met him he was a nasty git, if it's the same man who didn't like my extreme couponing several years back - haha, fun times!

He then said to her over the phone, that he didn't know what 'white list' I was talking about, but that my relative could ask on a day by day basis (i.e. on EVERY visit) to be added to the site visitors' list for that day. Errr, yep, imagine how that will turn out with a different CS staff member each time, all bleating that they don't own the car park...

...haven't finished with them yet. Head Office will be contacted.