Euro Car Parks

Lepsy4

Hello,

I have read the newbies thread so apologies if I missed something. Anyway, so last November I went to dinner at this place that usually has parking meters but this time there weren't there. Unfortunately, I let my mate go to pay and they didn't see the sign saying you now have to pay by phone, so we just assumed that it might be free now (my mistake number 1).

Anyway, got a final notice letter the other day which was my first time hearing about it (finally found the first one knocked behind the tv, mistake number 2).

So I went on the Euro Car Parks website and onto the appeal page, it lets me continue entering my details for the appeal even though my time is up. My question is do I give them all that information? They are asking for my address, phone number, if I am the registered keeper etc

I am pretty certain I can fight this because the parking sign said free for customers and I have the bank statements to prove I was at that pub (and I was only there an hour). But I don't know if I should give all those details, especially as it is past my appeal date.

Coupon-mad

Yes, as per the NEWBIES thread advice, you need to appeal as keeper NOT driver.

Lepsy4

Thank you! Could you just tell me which section of the newbies thread it is in? Or the question?

KeithP

It's the blue template appeal in post #1 that you want.

Lepsy4

Thanks Keith. I just have one last question, it says I can add evidence, which would be my bank statement and that obviously has my name on it and would probably give evidence that I was in fact the driver. Do I not mention this at all?

KeithP

I wouldn't bother sending any evidence.

Other opinions are available.

Lepsy4

Thank you, Keith. I have just one last question if you have any insight? The letter says that under the protection of freedoms act, they'll be able to claim the charge off of me if the driver is not identified. Do you know if this is a scare tactic type thing or if it is enforceable?

KeithP

If they have done everything properly, then yes liability can be transferred to the keeper.

Post #1 of the NEWBIES FAQ sticky thread explains this and provides a link to Schedule 4 of the Protection of Freedoms Act 2012.

You need to check whether they have met all the conditions imposed on them by POFA2012.

Coupon-mad

Of course they can hold a keeper liable, as explained in the sticky.

Luckily it's only ECP and even if people lose at POPLA, no-one PAYS them!