Euro Parks Gatwick POPLA (review evidence from Euro Car Parks)

Hulla_Hulla

Hi guys and gals, I appealed a PCN from Euro Car Parks at Gatwick airport BP station which they refused. Submitted POPLA appeal with the standard points (never admitting to be the driver). Euro Car Parks have come back with pretty much the same evidence as before. I was actually not the driver and was dropped at the airport 30mins prior (just emailed airport to see if I can get time stamped security gate check in print off). I requested further photo evidence to show the driver as I know the driver was a man with a beard and I am a OAP woman but they provided no further photos of the driver. I have copy and pasted the response (ECP) added to POPLA portal missing the photos and scans of their forms they sent which Im sure is pretty standard. I am wondering do I need to send any further comments back to POPLA once they received a response from Euro Car Parks?


Case Summary and Rules/Conditions
2. (C) Copy of Parking Charge Notice XXXXX Date – 30/08/2018 Time – 16:35
3. (D) Registered Keeper Details and Liability Trail
4. (E i) Origional representation received from MRS XXXXX XXXXX
5. (E ii) ECP Notice of Rejection
6. (G) ECP response to the POPLA appeal logged by MRS XXXXX XXXXX
7. (F) Signage Location Plan and images of Site


1. Case Summary and Rule/Conditions
This location is managed by Automatic Number Plate Recognition (ANPR) technology which takes a picture of the vehicle entering and exiting the site, these pictures are timed and therefore the duration of the stay can be calculated. All vehicle registration numbers are then matched against the data produced by the various means of paying for parking and a list of registration numbers where no payment has been made or where the motorist has stayed longer than the period paid is produced. After requesting vehicle keeper details from the DVLA, a Notice to keeper is sent to the keepers of the vehicles on this list. As a consequence at ANPR locations there will be no PCN issued to the windscreen neither will there be photographic evidence of the windscreen supplied in operator evidence packs.
Parking Charge Notice (PCN) xxxxxxxxx was issued to vehicle XXXXX for Breach of Terms and Conditions: Your vehicle was parked longer than the maximum period allowed. The BP Gatwick South Terminal operates an ANPR with 30 minutes maximum stay site. An image is taken of each vehicle on entrance and exit to the Site.
An original representation was received by MRS XXXXX XXXXX on the 18/09/2018 where stated the following:
 Declined to name the driver
 Signage is not clear
Euro Car Parks then responded back to MRS XXXXX XXXXX stating that on entry to private land it is the responsibility of the driver to check for signage and ensure that your vehicle has not breached the terms and conditions on site.
BP Connect Gatwick South Terminal is operated by Automatic Number Plate Recognition (ANPR) – cameras capture an image of vehicles entering and leaving the site and calculate their length of stay. Your vehicle exceeded the maximum stay of 30 minutes, therefore the notice was issued correctly and the charge remains payable.
The site is private property and contract law applies. Euro Car Parks (ECP) offer our client a space management service.
There is clear entrance signage on site and signs further location within the area – it is the driver’s responsibility to check all signage when entering any area that may have terms and conditions restricted to the area.
MRS XXXXX XXXXX vehicle entered the car park at 15:46 and exited at 16:35 – a total duration of 49 minutes.


Copy of Notice to Keeper (NTK) sent to the registered keepers address (FRONT)

They attach the letter they sent to me with all the details and then just a photo of the registration plates.

2. Registered Keeper details and Liability Trail
Parking Charge Notice (PCN) xxxxxxxxx was issued on the 30/08/2018 (date of event). As the site is camera controlled the vehicle details were forwarded to the DVLA to obtain the registered keepers details. The DVLA had provided the following details as the registered keeper.
Mrs XXXXX XXXXX
XXXXX XXXXX XXXXX XXXXX XXXXX

MRS XXXXX XXXXX then appealed the PCN and declined to provide the driver on the day in question.
The parking charge notice (section 2) clearly advises the registered keeper/ hirer to provide the name and serviceable address of the driver within 28 days of the date on the parking charge notice.
Therefore the liability remains with MRS XXXXX XXXXX, the registered keeper of the vehicle.
Our PCN (Parking Charge Notice) is the first communication with the registered keeper – this is referred to as the Notice to Keeper or Notice to Owner
The PCN (NTK/NTO) has been checked by both the BPA and the IPC and we have confirmation that our PCN (NTK/NTO) and has been approved as compliant with POFA
The PCN (NTK/NTO) has been checked by Gladstone Solicitors who specialise in assisting private car park operators – legal advice and pre legal advice with regards signage and adhering to POFA and both code of practice
Please be advised once the registered keeper has been sent the PCN (NTK/NTO) if there is no response, payment, appeal, serviceable address of the driver – ECP process a Notice To Keeper – this is a “reminder letter” and sent in reference to the PCN (NTK/NTO) that has not been responded to.
If we are in receipt of a serviceable address of the driver – the PCN (NTK/NTO) is re-issued
If the registered keeper is in receipt of the PCN (NTK/NTO) and has passed to the driver and the driver appeals – we will respond to the appeal strictly following the code and ensure any/all communication is sent to the driver (we would not at this stage re-issue the PCN)
We have been advised that the above is standard practice for all private car park operators in regards to PCN (NTK/NTO) issued on Automatic Number Plate Recognition car parks

3. Original representation sent by MRS XXXXX XXXXX
Parking Charge Reference: XXXXX
Vehicle Registration: XXXXX
Email Address: xxxxxxxxxx[EMAIL="bridgaughan@hotmail.com"][/EMAIL]
Name: XXXXX XXXXX
Address:
XXXXX XXXXX XXXXX
Home Telephone:
Mobile Telephone:
Work Telephone:
Reason For Appeal: Re PCN number: XXXXX
I appeal and dispute your 'parking charge', as the keeper of the vehicle. I deny any liability.
There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.
Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.
Firms of your ilk were unanimously condemned in 2018 as operating an 'outrageous scam' (Hansard 2.2.18). The BPA & IPC were heavily criticised too; hardly surprising for an industry where so-called AOS members admit to letting victims 'futilely go through the motions' of appeal and say on camera 'we make it up sometimes' (BBC Watchdog).
I will be making a formal complaint about your predatory conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed unanimously: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.
Formal note:
Service of any rejection letter/POPLA code and/or legal documents by email is expressly disallowed. All responses to me from this point on, must be made by post. Regardless of any MCOL online/email system, service of any court claim must only be made by first class post to the latest address provided by me.
Yours faithfully,
I am the Registered Keeper

5. ECP notice of rejection to MRS XXXXX XXXXX appeal
At This point euro parks rejected my appeal

• It is the responsibility of the driver to check signage
• ANPR calculate length of stay and so ticket issued correctly….
• The site is private property ECP offer a space management service….
• There is clear signage on site….

6. ECP response to POPLA appeal logged by MRS XXXXX XXXXX
This location is managed by Automatic Number Plate Recognition (ANPR) technology which takes a picture of the vehicle entering and exiting the site, these pictures are timed and therefore the duration of the stay can be calculated. All vehicle registration numbers are then matched against the data produced by the various means of paying for parking and a list of registration numbers where no payment has been made or where the motorist has stayed longer than the period paid is produced. After requesting vehicle keeper details from the DVLA, a Notice to keeper is sent to the keepers of the vehicles on this list. As a consequence at ANPR locations there will be no PCN issued to the windscreen neither will there be photographic evidence of the windscreen supplied in operator evidence packs.
Parking Charge Notice xxxxxxxx was issued to vehicle XXXXX on the 30/08/2018 (date of event). BP Gatwick South Terminal offers a 30 minute maximum stay time for customers only and therefore is for the sole use of permit holders and authorised vehicles.
In MRS XXXXX XXXXX appeal to POPLA he stated that she was not the driver.
Euro Car Parks would like to respond to the points raised in the appeal with the following;
• Section 18.3 of the British Parking Association’s (BPA) code of practice explains that signs “must be conspicuous and legible and written in intelligible language, so that they are easy to see, read and understand.
• Signage on site is clear, when parking on private land it is the driver’s responsibility to read the signage displayed and parked accordance with the terms and conditions as stated.
• Euro Car Parks have provided photographic evidence showing that the appellant remained at the site for 49 minutes – which are dated and timed (Figure 1)
• The signage clearly states the terms and conditions of parking, all drivers are required to purchase a valid pay and display ticket for the duration of their stay. Euro Car Parks can confirm that the signage on site clearly dispalys the maximum stay at BP Gatwick South Terminal (Figure 2) • Signage on site is clear; when parking on private land it is the drivers responsibility to read the signage displayed and parked accordance with the terms and conditions as stated
• A driver who is invited (or chooses) to park on private land and use the car parking facilities and pays a fee/s does so under a contract (signage) with the car park operator. The parking contract sets out the terms that apply to the parking service, including the price.
• Please see Figure 3 where I can confirm that our NTK is POFA compliant.
• Figure 4 is the agreement between BP Oil UK Ltd and ECP.
• With regards to the reference to “Pre-Estimate of Loss/breach of consumer contracts 1999.” Please be advised that the Supreme Court has made judgement (04/11/15) that clearly sets out the issue of parking charge notices on private land (law of contract applies) and in particular pre-estimate of loss. The parking charge notice is enforceable on the basis that it protected a legitimate interest when the driver failed to adhere to the terms and conditions and was not extravagant, exorbitant nor unconscionable. The parking charge is not an unenforceable penalty and does not breach the Unfair Terms in Consumer Contracts Regulations 1999.
• I can confirm that Euro Car Parks do not operate CCTV on site.
• According to BPA Code of Practise 13.4 – car park operators should allow the driver a reasonable period to leave the private car park after the parking contract has ended; before enforcement action is taken. If the location is one where parking is normally permitted; the grace period at the end of the parking period should be a minimum of 10 minutes.
The signage onsite is clear warning that a notice would be issued for failure to adhere to the terms and conditions in place. The signage in place clearly advises a £100 parking charge notice would be issued; therefore the notice has been issued correctly and should remain payable.

They also attached some photos of the vehicle, signage, notice to keeper BPA code of practice, map of the area and photos of the forecourt.

Is there any remarks I should reply to their evidence or do I still just need to emphasise I was not the driver?

Fruitcake

Edit your post to remove the PCN number, and the live email address!

Where is your PoPLA appeal? I don't see how we can comment on it or their evidence without seeing it first.

Whatever you used, it looks like it was an old one so your comment about "the usual" points is in doubt because not a GPEOL has not been used since 2015 in the template PoPLA points from post 3 of the NEWBIES.