Contest PCN when no ticket bought because driver was ill

an1179

Driver was unwell so pulled off the road into a car park and no ticket bought because unable to walk from vehicle but basically was so unwell was not thinking straight. Phoned family member who came to drive vehicle back to residence. Vehicle was in the car park just over 30 minutes. Received today no ticket purchased Parking charge notice from euro cp. Can this be appealed or just normal procedure please

Coupon-mad

Normal template appeal from the NEWBIES thread.

Then at POPLA stage, use Vine v Waltham Forest (Google and read it, the appeal turned on similar facts and Miss Vine was not held to have seen the signs). Plus the usual template POPLA appeal points from the 3rd post of the NEWBIES thread. If it was night/hours of dusk or darkness, then that can also be expended on at POPLA stage.

NEVER pull off the road into a private car park, in such circumstances.

Why do people even do this? I can't understand the thought process of ''I know, I'll go in there''. You would be so much better simply on street, even if you got a PCN, in most towns it would be £25, a quarter of this rip-off (and unlikely to even be issued, as long as you were with the car and visibly ill & waiting to be collected).

onlyfoolsandparking

And if the OP was as ill as they state they were or anybody else for that matter and your reading this, you would definitely be better off pulling up on street/road because if the Police came they would be able to access medical attention for you quickly.


Pulling into a Private car park is like getting out of your car in the lions enclosure at a Safari park, actually strike that at least with the Lions it would all be over quickly unlike the PPC,s who love a long painful slow death!!

an1179

A reply has now been received as follows

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
mark (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.
 The site in question is a private car park and the terms and conditions cannot be compared to
‘on-street’ parking.
 The disabled badge handbook will inform the badge holder (or carer) that when they enter a
private car park they must abide by the rules and regulations of the site.
 If it is a pay and display site a valid pay and display ticket must be purchased.
 A disabled badge will only offer free/extended parking on local authority car parks.
 I can confirm the parking charge notice was issued correctly and remains payable.
Please make payment of the discounted amount of £60.00 by visiting our website at
https://www.eurocarparks.com or use the automated telephone service 0203 553 4559. 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.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
£100.00 and this may also result in the notice being passed to a third party with further charges
applicable.
You have now reached the end of our internal appeals procedure

KeithP

Doesn't that letter go on to say that you can appeal to PoPLA?

Read post #3 of the NEWBIES FAQ sticky thread to find out how you might do that.

an1179

KeithP wrote: »

Doesn't that letter go on to say that you can appeal to PoPLA?

Read post #3 of the NEWBIES FAQ sticky thread to find out how you might do that.

Yes it does thanks Keith I am reading and also referring to Vine v Waltham as indicated but she was clamped so I'm not surehow this transfers to my case.

If the owner appeals and looses then the driver will presumably have to pay the £100. There is also the possibility of having go to court. I can see why people just pay up and mark it down to experience

System

also referring to Vine v Waltham as indicated but she was clamped so I'm not surehow this transfers to my case.

Explained at the bottom of this posting.They are misquoting (as usual) to baffle the unwary

https://forums.moneysavingexpert.com/discussion/5670335/lbc-received-from-gladstones-for-ukcpm-ppc&page=3#51

The Vine case was all about signs and whether the threat could be seen. It wasn't so Vine won - though they don't tell you that (another misleading point).

Ironically, Vine was in a distressed state as you were.

KeithP

an1179 wrote: »

If the owner appeals and looses then the driver will presumably have to pay the £100.

Where did you get that idea from?

An appeal lost at PoPLA certainly does not mean that the motorist has to pay anything.

an1179

Thank for your help is there a time limit to appeal to POPLA?

Should I get a witness statement from the person that went to the drivers aid and should they put their name and address on the witness statement please?

Guys_Dad

an1179 wrote: »

Thank for your help is there a time limit to appeal to POPLA?

Should I get a witness statement from the person that went to the drivers aid and should they put their name and address on the witness statement please?

Probably a waste of time. From POPLA FAQ

If you have appealed to POPLA on the grounds of mitigating circumstances (a reason beyond your control that prevented you from fulfilling the Terms and Conditions of the parking contract), it is less likely that your appeal will be successful. This is because POPLA is not able to allow an appeal for mitigating circumstances. In the event that the assessor finds a mitigating circumstance to be the reason for the parking charge being issued, the assessor can request the parking operator to consider this, but cannot enforce it.

If a parking operator has already rejected your appeal based on the mitigating circumstance you plan to bring to POPLA, it is unlikely it will agree to it the second time around.

beamerguy

Guys_Dad wrote: »

Probably a waste of time. From POPLA FAQ

If you have appealed to POPLA on the grounds of mitigating circumstances (a reason beyond your control that prevented you from fulfilling the Terms and Conditions of the parking contract), it is less likely that your appeal will be successful. This is because POPLA is not able to allow an appeal for mitigating circumstances. In the event that the assessor finds a mitigating circumstance to be the reason for the parking charge being issued, the assessor can request the parking operator to consider this, but cannot enforce it.

If a parking operator has already rejected your appeal based on the mitigating circumstance you plan to bring to POPLA, it is unlikely it will agree to it the second time around.

And that is the problem with POPLA, all contrived by the BPA who state they are driving standards upwards ..... utter rubbish

We need a system like The Traffic Penalty Tribunal who are independent and who are financed by the councils but NO "Old Boys Club" as in the private industry