Euro Car Parks - Parking charge Notice (newbie in need)

1993_Kar

Hi coupon-mad, i've found tens, if not hundreds of posts under POPLA hirer POFA. Some really good examples, you've been really hands-on with helping motorists out, fair play to you! 

The driver is tempted to pay the first fine due to their first appeal at the ECP website admitting they were driving and were not in the correct state to drive back before the time deadline. Currently the driver is looking at a £200 fine plus other outstanding fines potentially up to £500+ if the PCN's continue to come in, this sum might be worth ECP to go to court over, what do you think? 

The appeal the driver is considering making to POPLA for their first fine which they admitted liability is the following, would this be ok?

I am appealing as the Keeper, noting that only Schedule 4 of the POFA (or evidence of who was driving) can cause a keeper appellant to be deemed to be the liable party.

I note that the Parking Charge Notice makes no attempt to pass liability to the Keeper after 28 days, and is therefore not compliant with schedule 9.2(f) of the Protection of Freedoms Act 2012.

There is no dispute that the driver was entitled to drive the car and I can confirm that they were, but I am exercising my right not to name that person.

As the keeper of the vehicle, it is my right to choose not to name the driver, yet still not be lawfully held liable if an operator is not using or complying with POFA.

Furthermore, I note that the signage in the car park is not adequate - upon entry of the parking facility there is no advance warning or notification of any parking tariffs. In order to assist with proof of inadequate signage upon entry I have attached proof of lack of signage.

www.dropbox.com/s/li4n46x6658ezu4/Photo%2028-02-2020%2C%2013%2016%2023.jpg?dl=0

^ proof of lack of signage upon entry (to avoid links i've removed hyperlink, copy and paste in search bar.) 

KeithP

Have you seen the guidance offered in the third post on the NEWBIES thread?
You will find there several examples and full instructions on how to create a winning PoPLA appeal.

Coupon-mad

For all the others, they can rely on the fact it's a leased car and that none of the Notice to Hirers will be compliant - and hope that POPLA actually get that.  Show us your draft, and the POPLA appeal will be the same for all of them except the first one.

Is the first one still at £60 or at £100 now anyway?  Don't just pay it, but tell us what sum that one is at.  Just wondering whether it's worth not bothering with POPLA for that one, and maybe just complaining to the landowner/retailer and not mentioning the others AT ALL to the store, and begging for it to be cancelled and crying a bit...as that one looks unwinnable at POPLA.  Better to remove it from the equation and hope the retailer cancels it as a 'one off'. 

The retail will NOT know there is more than one.  They might cancel it if between you as a family you can show that you shop there a lot and are horrified, etc.

thingamaBob

Goodmayes Retail Park is owned by Land Securities Group presumably via one of their subsidiary companies.
All their property management is handled at their head office at 100 Victoria Street, London SW1E 5JL
CEO is Mark Allan (as from April 2020)
Only email address I've been able to find is a general enquiries one - enquiries@landsec.com.

1993_Kar

Hi all, 

The driver of a vehicle parked in Goodmayes retail park in London in February twice overstaying their limit. Euro Car Parks sent a fine for £50 twice, the accuser responded to the first claim acknowledging their overstay due to medical emergency, the second they did not respond due to the outstanding first response. It is now July and the driver of said vehicle continues to get letters from a company called debt recovery plus issuing letters of outstanding claims against him. The driver is now quite worried of a trip to court for which the claimants have now increased to £146 for each overstay!!!! Absolutely absurd. The driver has read the newbies forum but is still worried and concerned about further actions, in the letter the debt recovery plus company claim that if the full amount is not paid by 10th August they have instructed their claimant to take court action. What is the best piece of advice you could give to the driver of said vehicle please? 

Le_Kirk

Why have you hijacked your own thread?  Is this the same issue as your initial post?

1993_Kar

Le_Kirk said:

Why have you hijacked your own thread?  Is this the same issue as your initial post?

Yes, same issue, I made a new thread but as it falls into the same problem, thought it would be better to repost it on here rather than creating a new thread for the same issue. 

Fruitcake

How did you get on with your PoPLA appeal for the first PCN mentioned on this thread?

Asking for help about two different PCNs on the same thread will cause confusion. Please create a new thread and ensure you state these are separate to your existing thread.
Why is the driver worried about these new PCNs anyway? Surely The Keeper is dealing with them as per the advice in the NEWBIES and the advice on this thread that you have already received.

Redx

Debt letters are covered in that Newbies thread

The hirer or keeper , not the driver , should email a SAR to the parking company to obtain all their data , attaching proof of I D under the GDPR law such as copies of 2 recent redacted utility bills as proof of I D

Ideally they contact the landowner and insist on cancellation of any outstanding PCN,s

You have already received excellent advice in this thread , read it all , study it carefully , do not talk about the driver if the claimant has no idea who was driving , use hirer or keeper , as in Day to day keeper

KeithP

1993_Kar said:

It is now July and the driver of said vehicle continues to get letters from a company called debt recovery plus issuing letters of outstanding claims against him. 

The fourth post in the NEWBIES thread explains exactly how to deal with debt collectors letters.

1993_Kar said:

...the driver of said vehicle continues to get letters...

Surely it is the keeper that gets the letters?