Euro Cap Parks decline Appeal, how to procede

sephem

Hi,

I followed the beginners thread on posting an appeal for a PCN using the base template and it was declined.

The entry occurred at 23:56:57 and exited at 00:07:32 according to them. The total time in the car park was 10 minutes and 35 Seconds. This was all via ANPR

The parking signs state the following. "TOLLGATE TAVERN GUESTS MUST REGISTER THEIR FULL AND CORRECT VEHICLE REGISTRATION DETAILS VIA THE CONSOLE IN THE PUB", however the pub is closed at this time and the car park was empty. There are also no Pay and Display machines nor are there any Pay by Phone options.

As for the lighting of the signs, I have not gone through to the parking at the same time at night to see how illuminated the signs actually are.

They also state that by entering the car park and leaving the vehicle institutes the entering of a contract, but the driver never moved more that a few meters from the vehicle.

They also state that the signage states Authorised Vehicles only and that the vehicle was not authorised as the full and correct vehicle registration was not registered via the console located on the premises and therefore the Parking Charge Notice was issued correctly and remains payable. Not sure how this could be done as the Pub was closed.

Any advice as to how to proceed would be great.

Below is their response to my initial appeal

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Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons:

• 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’), Euro Car Parks 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.
• We note that in your letter you state that the parking charge notice (PCN) is not enforceable as you have currently not entered into a ‘contract’ with Euro Car Parks. I would respectfully remind that contract law applies in this instance.
• The car park is private property and signage on entrance and within the private car park clearly set out the rules and regulations of the car park and tariffs. By entering the car park, parking and leaving the vehicle the driver has accepted the ‘contract’ and therefore if the driver fail to comply with the terms and conditions a parking charge notice will be correctly issued.
• 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.
• The car park in question is on private land and upon entering such land vehicles are subject to the terms and conditions of parking as shown on the signage. The signage quite clearly states that if your vehicle is in breach of the terms and conditions of the car park then a Parking Charge Notice will be issued.
• On entry to private land it is the responsibility of the driver to check for signage and ensure that your vehicle has been correctly parked. Any vehicles found not adhering to the signage will be issued with a Parking Charge Notice.
• The signage onsite clearly states ‘Authorised Vehicles Only’, your vehicle was not authorised to park in M&B - The Tollgate Tavern - Romford – your full and correct vehicle registration was not registered via the console located on the premises, therefore the Parking Charge Notice was issued correctly and remains payable.

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Thanks

KeithP

Time to read post #3 of the NEWBIES FAQ sticky thread where you will find comprehensive guidance on how to create a PoPLA appeal.

sephem

Okay will do that, but which reasons should I be using for the appeal.

So far I have the following

1. Keeper Liability not established
2. The Operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge
3. No evidence of Landowner Authority
4. The ANPR system is neither reliable nor accurate
5. Allowable grace period.

I would also like to add a point on not being able to provide the registration at the device in the pub as they were closed, but I cannot find any examples of this.

KeithP

sephem wrote: »

Okay will do that, but which reasons should I be using for the appeal.

So far I have the following

1. Keeper Liability not established
2. The Operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge
3. No evidence of Landowner Authority
4. The ANPR system is neither reliable nor accurate
5. Allowable grace period.

Use all of those.

sephem wrote: »

I would also like to add a point on not being able to provide the registration at the device in the pub as they were closed, but I cannot find any examples of this.

I wouldn't try and add that. I don't think it helps you at all, and I don't think PoPLA would be interested either.
Doesn't that mean that parking wasn't allowed at that time?
After all, you tell us the sign said:

TOLLGATE TAVERN GUESTS MUST REGISTER THEIR FULL AND CORRECT VEHICLE REGISTRATION DETAILS VIA THE CONSOLE IN THE PUB

sephem

Wow I do not know how you guys do it as I have spent hours on trying to draft something and feel like I have got nowhere. It is costing me more in time trying to draft something that it would be to just pay this so I unfortunately have to cave. I am in no way legally minded and feel like I have no clue what I am doing. I find this site a great source of information, but trying to make heads or tails of all the stuff people have put into their appeals makes my head spin and causes more frustration.

If I had the time and understood half of this stuff I would fight it just on principle, but now I know why they make the process so arduous for the legally lay person.

Just wanted to say thanks for the help I did get, and maybe next time after I have read and tried to understand more of the options, but lets hope there is no next time.