Excess Charge Notice (ECN)

JSTR5

Hi, I am trying to work out if I can appeal a ECN charge. My daughter used a APCOA car park and received an excess charge notice. She thought that she has paid and payment had gone through to cover the duration of the stay but didn’t realise that when the ticket was printed it was a void transaction receipt. She displayed this in her windscreen and it does show that she tried to pay the amount which would have covered her when the charge was issued. She still has the receipt just wondering if she could appeal this type of charge.
Any advice would be gratefully received, she’s a new driver so quite devastated.

Le_Kirk

Your daughter should visit this forum and read about how to beat these trumped up invoices. She should read the NEWBIE sticky post # 1 about initial appeal and read a few APCOA threads. You, of course cannot appeal on her behalf unless the PCN was sent to you as RK. You can though so all the work and advise her but it must be done under her name (and signature).

Fruitcake

Where did the alleged dastardly dead happen? CRAPCOA often infest railway car parks that are covered by byelaws and therefore a keeper cannot be held liable.

I believe they also operate in council owned privately mismanaged car parks.

Knowing where this happened will help us greatly.

JSTR5

Hi, we’ve tried to follow the forum but was confused if a ECN was the same as the PCN and if her circumstances would apply. It wasn’t at a railway station a at a car park near a shopping centre. I thought I’d read not to post where it was. Trying to figure this out to help her, it was such an easy mistake. The ticket comes out backward so it wasn’t obvious that the payment didn’t go through. I’m sure the machines don’t work all the time either as I was at the carpark and the lady before me had to try twice to get it to go through.

Coupon-mad

All APCOA cases are the same, all won at POPLA so easily, liking blowing away a feather. Search the forum for APCOA railway and copy!

Absolutely NO APPEALING without reading the NEWBIES thread first, and no ticking the box blabbing that the appellant was the driver!

1505grandad

Is the car park Council owned?:-

From the website of crapcoa:-

"The POPLA process does not apply in Scotland or to ECN’s (Excess Charge Notices) issued on Local Authority land."

JSTR5

Im struggling to confirm who owns the land. It states operated by the local council. I have emailed the council and they have said the own the car park but not mentioned the land. Do you think I still have a claim? Thanks

JSTR5

It was in Banbury, Oxfordshire

Fruitcake

JSTR5 wrote: »

Im struggling to confirm who owns the land. It states operated by the local council. I have emailed the council and they have said the own the car park but not mentioned the land. Do you think I still have a claim? Thanks

If the council own the car park then it is under statutory control and therefore not relevant land, therefore the keeper cannot be held liable.

Have a look at these threads.

Look especially at post 9 of this one,

https://forums.moneysavingexpert.com/discussion/comment/70895919#Comment_70895919

… and post 7 of this one.

https://forums.moneysavingexpert.com/discussion/5527635/euro-car-parks-ticket

You need something in writing to prove the council own the land (car park).

I'm not sure what you mean about having a claim, unless it is a claim for a DPA/GDPR breach.
You certainly have a defence.

Have a look at other council owned privately run threads. There was one earlier this year where a council booted out the scammers in order to put their own attendants in place due to the number of complaints. Do a search for Ropery car park.

1505grandad

@OP - may be of interest:-

https://www.oxfordmail.co.uk/news/17962169.cherwell-district-council-reiterates-parking-ticket-policy-following-ombudsman-report/

if the ECN states £1000 fine for not paying the excess charge amount.

JSTR5

Hi, thanks for finding that article, really useful. The ECN does mention the £1000 charge and I mean defence not claim. I feel the driver should appeal within in 14 days as she couldn’t afford the £80, heart broken enough at £40, explain what happened and have it referred to the council or should I send the letter at 26 days. Sorry to keep asking questions. I just don’t want this to escalate.