Private PCN Appeal: Not on Premise

newuser2016

Dear All,

I recently received a PCN for parking at a store car park. There is free parking for 90 mins whilst on premises. The reason was "Parking whilst not on premise".

I appealed against it (with the copy of the receipt and dashcam footage showing the time that I entered the car park"). We had made a purchase from the store for a good amount and then when came back and saw this ridiculous PCN. This is the reply that I got after appeal.


We acknowledge receipt of your appeal (representations) received on xx/xx/xxxx in relation to the above Parking Charge Notice (PCN).

We have reviewed your appeal and in doing so, we took into account the representations that you made in support of your appeal as well as
evidence which was submitted by the parking attendant. We reached the decision that in this instance, the Parking Charge was issued
correctly for the following reason(s).

The car park is free for patrons whilst on the premises only. This is in place so that there is sufficient spaces available for customers. Any
vehicle found parked onsite who's driver has gone elsewhere is liable for a parking charge notice (PCN). The parking attendant did not find the
driver in-store at the time the PCN was issued. The parking attendant observed the driver later returning from elsewhere.

We are satisfied that the Parking Charge Notice was issued correctly and that sufficient attention was brought to the driver with regards to the
terms and Conditions enforced. In light of the aforementioned, your appeal (representations) is rejected. We will not accept any further
appeals. We have now extended the discounted payment period by 14 days to allow you time to pay the discounted settlement amount.
Please now make payment of £60 to reach us by xx/xx/xxxx. We must advise you that once the discounted settlement rate passes it will not
be offered again. If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). In order to
appeal, you will need your parking charge number, your vehicle registration and the date the charge was originally issued. Appeals must be
submitted to the IAS within 21 days of the date of this letter. However, if you choose this option your Parking Charge will automatically
increase. Please visit for full details.

Payment can be made using a debit or credit card by calling the automated payment line on 0845 121 0065 or online at
You may send a cheque or postal order made payable to Euro Parking Services Ltd. Please ensure you write
your Parking Charge Notice number clearly on the reverse. Please do not send cash through the post. For our full Complaints Procedure
please visit

Should you consider not making a payment, we must draw your attention to the landmark decision in the Supreme Court of the United
Kingdom, dated 4th November 2015, Parking Eye Ltd- v -Mr Barry Beavis. Further details on the case can be found at
supremecourt.uk cases uksc-2015-0116 . This case was seen as an important 'test case' due to the complex legal arguments
used by both sides. The ruling sets a legally binding precedent on all similar cases for the while of the United Kingdom.

If a payment is not received by the above date we will commence court action to recover what you owe. This will include additional charges to
include (but not limited to) legal and court costs. Should judgement be awarded in our favour, this may affect your ability to obtain credit in the
future.

My question is how can they argue that they haven't seen me in the store or saw me returning from elsewhere? Are they just bluffing? They also mention a landmark judgement made in 2015 regarding parking.

What are my options?

Fruitcake

What a shame you revealed the driver's identity when you appealed. Never mind, that cannot now be helped.

You are now in ignore mode unless you get real court papers. Read the sticky thread for NEWBIES to understand everything you need to know about this scam, including the Beavis case.

It is very, very difficult for a scammer to prove that a driver left site. They would need video evidence of the car arriving and the driver getting out and leaving the site. They also need to define the site boundary on their signs by precise description and/or a map. Take your own pictures of the signs as soon as possible in case the scammers do try court.

Sometimes planning permission for shops include the caveat that motorists are allowed to use the car park to shop elsewhere. They would need to prove this is not the case. You could contact the planning department to find out if this applies.
You can also enquire if the scammers have advertising consent for their signs. Not having his is a criminal offence.

Please complain to your MP about this unregulated scam.

What happened when you complained to the store manager and/or landowner?

newuser2016

Thanks Fruitcake. I don't believe I have said that I was the driver in the appeal.

Out of interest, was there a way to appeal without letting them know my name or driver's name in that instance?

beamerguy

Euro Parking Services Ltd are just trying to scam/scare you

Barry Beavis took Parking Eye to court because he claimed the charges were unfair. The court said they were ... and that was it. So unless you are claiming that the charge was unfair, the Supreme court decision has no bearing on you

Your first step is to visit the company you purchased the goods and either they cancel or you will return the goods for a refund.

The parking attendant did not find the
driver in-store at the time the PCN was issued. The parking attendant observed the driver later returning from elsewhere.

Does this mean that the warden follows people around ???
Is he a predator ???

But does the warden know who was driving ????
NO ...... they just know the name of the registered keeper

What pictures of proof do they have ? Send them a SAR for information relating to this ... they have to prove it.

Forget the IAS, it's a scam invented by Gladstones solicitors. Pointless talking to the IAS

See what they reply to from your SAR.

Be prepared to get silly debt collectors writing to you. The lie, they talk rubbish and are simply morons .... YOU IGNORE

https://forums.moneysavingexpert.com/discussion/comment/74439905#Comment_74439905

So now they must prove their claim which I assume will include pictures of the warden walking around the store ???

The courts see this as trivial and timewasting and no doubt will end up with Euro being whooped in court and paying your costs

Umkomaas

Leaving the site is a hard row to hoe for a parking company. You need to be aware of the issues relating to a leaving the site case. Please read the following court case. Most of it still stands, but 'mitigation of loss' is not a line now worth pursuing.

http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231)

PE v Beavis has absolutely nothing to do with 'leaving the site'. It's cringeworthy that they spout this rubbish - but I suspect they lack the intellect to understand why.

BrownTrout

If they issue a court claim then a witness summons would be a good tool to force the attendant to court.