Euro Car Park - Help at POPLA stage

PAPERCUT

Hi,


We received a PCN from Euro Car Parks for a 20 minute stay when a family member recently parked for an emergency toilet stop in a local pub. The person suffers from a condition called 'ulcerative colitis' which without going into the gory details, requires them to never be that far from the nearest loo!


I appealed to ECP using the template on this forum. Rightly or wrongly I didn't mention the medical reason for the parking. ECP rejected the appeal as expected.


We're now at the POPLA stage of appeal and intend to get medical evidence in the form of a GP letter that explains the condition.


My question is that when submitting the appeal to POPLA and presumably uploading the GP letter, this will give away the name of the driver which it says on here not to do. I was thinking of uploading it with the name obscured but they could argue that this letter could be for anyone if it hasn't got the correct persons name on. I would happily upload it if I knew it would get the PCN cancelled for sure.


Any advice appreciated.


Thanks.

KeithP

Unfortunately PoPLA will not be interested in that letter.

It is clearly spelt out on their website that they do not take mitigating circumstances into account.

Your best bet is to compile a PoPLA appeal along the lines described in post #3 of the NEWBIES FAQ sticky thread.

The_Deep

Unfortunately PoPLA will not be interested in that letter.

Their disinterest would be most unwise, these are grounds on which a LA is likely to cancel a charge and, depending on the circumstances, they could well have to deal with a complaint of disability discrimination. OP read these

https://www.cheshireeast.gov.uk/car_parks_and_parking/penalty_charges/how_to_appeal_against_a_pcn/mitigating_circumstances.aspx

https://www.equalityhumanrights.com/en/equality-act/protected-characteristics

and complain to your MP as it is as it is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Coupon-mad

We're now at the POPLA stage of appeal and intend to get medical evidence in the form of a GP letter that explains the condition.

No, you don't.

PAPERCUT

Coupon-mad wrote: »

No, you don't.

What do you mean, 'No, you don't'

Coupon-mad

Because POPLA can't consider mitigating circs, and refuse to consider that the EA is within their remit. Sending letters about medical conditions is almost guaranteed to lose a POPLA case as they can't consider it.

KeithP

PAPERCUT wrote: »

What do you mean, 'No, you don't'

I think it is just a different way of saying exactly what I said in the first two lines of my earlier post.

PAPERCUT

Coupon-mad wrote: »

Because POPLA can't consider mitigating circs, and refuse to consider that the EA is within their remit. Sending letters about medical conditions is almost guaranteed to lose a POPLA case as they can't consider it.

OK, but if I can't use this for my POPLA appeal as the reason for the parking infringement what can I use instead?

KeithP

It's becoming apparent that you didn't read any of my earliest post.

Doesn't the third line help you?

Redx

PAPERCUT wrote: »

OK, but if I can't use this for my POPLA appeal as the reason for the parking infringement what can I use instead?

do what KeithP advised above in post #2 section 3, and forget about the medical evidence, that will fail completely as POPLA wont consider any of that aspect

your POPLA appeal will be based on the following legal points (if any)

NO LANDOWNER CONTRACT
POOR AND INADEQUATE SIGNAGE
any POFA2012 failures
any BPA CoP failures
any NTK failures
not the same as BEAVIS
anpr issues

etc