Parking Charge Notice - Euro car parks

captainzorro

Hi Everyone,

I received a PCN from ECP and have appealed based on the grounds of notice to keeper.

Date of Event - 25/10/2019
Date PCN issued - 11/11/2019

This car is on Personal Contract Hire where Hyundai is the registered keeper and owner of the vehicle and I am the hirer however this letter had been addressed to me in the form of Notice to Keeper.

Based on the advise given,

I had written to ECP the following after 21 days:

Reference: Parking Charge Notice xxxxxxxxx : Vehicle Registration xxxxxxx

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Euro Car Parks as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Euro Car Park's Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that Euro Car Parks has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

The ECP have responded as follows:

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.
 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. The 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.
 The signage onsite clearly states ‘Authorised Vehicles Only’, your vehicle was not authorised
to park in M&B - The Blackbird - Leicester – your full and correct vehicle registration was not
registered via the console located on the premises, therefore the Parking Charge Notice was
issued correctly and remains payable.
Please make payment of the discounted amount of £50.00 by visiting our website at
https://www.eurocarparks.com 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 by this time the charge will increase to
£85.00 and this may also result in the notice being passed to a third party with further charges
applicable.
You have now reached the end of our internal appeals procedure.

It then gives information on appealing to POPLA.
Do I use the same letter when appealing to POPLA ? Please can someone help with what words I need to use? Thanks.

Coupon-mad

DUPLICATE THREAD - PLEASE IGNORE.

You need to continue on your existing thread please. We can't cope with two.