Euro Car Parks Manchester - rejected appeal

Manchesterlad87

Hi,

I am after some assistance if possible. I used a template off here to form an appeal against a parking fine I received at a Euro Car Park. I have received the following:

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
number (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.
 I can confirm the parking charge notice was issued correctly and remains payable.
The Protection of Freedoms Act (POFA) does not alter the principle of driver liability. What it does do,
is to allow proceedings against the registered keeper for unpaid parking charges when the landowner
or their agent, the parking operator does not know who the driver was at the time.
The creditor/operator must follow the procedures set out in POFA Schedule 4 to achieve the benefits
of keeper liability.
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 –
C1 MB
AR/NoPD/v.001
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
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. This 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.
Please be advised that there are a number of signs around the car park indicating the restrictions of
the site and it is the responsibility of the driver to read them when parking.
Please make payment of £100.00 by visiting our website at 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 within this time further charges will apply.
You have now reached the end of our internal appeals procedure.
You can make an appeal to The Independent Appeals Service (POPLA) within 28 days online at
] with the following reference number xxxxxxxxx. Alternatively, if you wish to appeal
to the Independent Appeals Service by post a copy of the appeal application can be sent at your
request. Please be advised that if you opt for independent arbitration of your case the ability to pay
the parking charge at the reduced rate will be at an end. If you opt to pay the parking charge notice
you will be unable to appeal to POPLA. If you choose to do nothing, we will seek to recover the
monies owed to us via debt recovery procedures and may proceed with Court action against you.
By law we are also required to inform you that Ombudsman Services
org/) provides an alternative dispute resolution service that would be competent to deal with
your appeal. However, we have not chosen to participate in their alternative dispute resolution
service. As such should you wish to appeal then you must do so to POPLA, as explained above.
Appeals may not be accepted if payment is made against the Parking Charge Notice, including any
appeals logged via POPLA, if applicable.

Does anyone have any guidance as to my next move?

Many thanks,

James,

MistyZ

Next step is a POPLA appeal, they have given you the code ('reference number') which allows you to do so.

Have you given away the identity of the driver? The blue template does not, but there are other ways that might have happened. If your screen name is your real name plus another bit of personal info. then it would be wise to change it ASAP. The parking companies lurk here and sometimes try to intimidate people by referring to their discussions. However to get more advice you need to give us details of the charge: when / why / where etc.

KeithP

You need to remove your PoPLA code from your post IMMEDIATELY.

It would be disappointing to find that some scallywag had appealed on your behalf admitting everything.


As hinted at by Misty, have you based your forum username on your real name?

If so, you would be wise to get your forum username changed to something very much more anonymous.

To help with that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:

Q. How can I change my username?

A. In most circumstances, this is not permitted.

The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.

The_Deep

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

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 Second Reading in the Lords this month, and, with a fair wind, will l become Law later this 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.

Manchesterlad87

Thanks for the response.

I have emailed the forum supervisors to see if they'll change my username.



I am having trouble finding what my next best move is now.

Thanks.

Redx

your first job is to stop using the 4 letter F word, as its not a criminal offence

its actually an INVOICE they sent to you for alleged breach of contract and the F word will not be on any paperwork or signs or receipts

second job is to remove any idea of who was driving in your posts above

the DRIVER may have done what you said and the KEEPER has received the postal paperwork, so only refer to the DRIVER and KEEPER and edit your posts

lastly, see post #3 of the NEWBIES FAQ sticky thread for help in drafting a popla appeal

KeithP

jamesf1987 wrote: »

I am having trouble finding what my next best move is now.

Misty told you...

MistyZ wrote: »

Next step is a POPLA appeal, they have given you the code ('reference number') which allows you to do so.

For that you need to be reading post #3 of the NEWBIES FAQ sticky thread.