Help!!! Euro Car Park appeal rejected. POPLA?

fifty50

Hi, please help! A fews weeks ago i adapted the "no nonsense approach" template from here and tried to appeal my first ever PCN however i have now received a letter saying that my appeal has been rejected. Below are the main points of my letter to ECP:

"I received a parking charge notice from you on 29/03/2020 but I believe it was unfairly issued. With all due respect, I hereby decline your invitation to name the driver, which is not required of me as the keeper of the vehicle. I will not be fulfilling your demand for payment for the following reasons:

·         Mitigating circumstances

Upon careful retrospection, I can confirm that on 19/03/2020 the vehicle in question was used due to urgent need to acquire food and drugs for the child of a key worker who was being isolated due to the coronavirus pandemic. This was after several unsuccessful attempts to find any food from various stores. As you can appreciate, it is very uncommon to see anyone going to the stores so early.

Please see attached evidence, as proof of claim.

• There was insufficient signage

While it was clearly displayed “2 HOURS FREE PARKING”, the car park in question has no clear signage to explain what the relevant parking restrictions were. This means no contract can be formed with the landowner and all tickets are issued illegally.

·         The charge is disproportionate and not a genuine pre-estimate of loss

Upon closer inspection we have managed to read the very fine prints in the signage which claims to allow a maximum of 15 minutes of free parking up till 6:59AM (and then another 2 hour free parking from 7AM). You have stated that the car entered into the said premises at 6:27AM and left at 7:39AM. This means that the car has only arrived earlier than the allowable free parking time by 17mins.

The vehicle in question did not exceed the allowable 2 hour free parking and after having spent close to £70 in store, I strongly believe that the £100 charge you are asking for far exceeds the cost to the landowner seeing that the car only arrived early by 17 minutes and no previous record of such ever existed.

I therefore feel the amount you are asking for is excessive and instead a warning is appropriate for this occasion.

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you respond to the specific points raised in my letter."

They have issued me a POPLA code but i do not know of my chances of winning. Not sure if i can still complain to the store manager at this point? The car park in question uses ANPR, vehicle claimed to have entered the facility at 6:26AM and exit at 7:39AM. There was a 2 hour free parking on the site from 7:00AM -10:29PM and a 15min max stay from 10:30PM- 6:59AM. 

Any Help will be profoundly appreciated!

D_P_Dance

.Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Coupon-mad

Not another ECP thread. 

Please just read the other ones from the past week, this has been done to death.  It will help you; there is advice already here on the forum in recent days.

I feel we need a group ECP thread to stop this repetition as they are so tediously boring.  No need for us to repeat ourselves every day, again and again, about silly old POPLA that doesn't matter.  And ECP that no-one worries about.

Read other threads.  I am not fobbing you off.  It will answer all your queries.

Ralph-y

where did this dastardly deed take place ?

supermarket ? if so what one?

retail park?

have you complained to said store?

Ralph

MistyZ

It is not too late to complain to the store manager.  Do so vigorously and straight away.  Escalate to store's CEO immediately if you don't get a prompt cancellation from the manager.   Best done before POPLA, though looks like the growing consensus is that it's not worth bothering with POPLA as ECP are lacking in the teeth department. 

fifty50

Ralph-y said:

where did this dastardly deed take place ?

supermarket ? if so what one?

retail park?

have you complained to said store?

Ralph

This happened at Morrison. I have not complained yet but i am seriosly considering that route now.

Coupon-mad

That is Plan A in the NEWBIES thread. 
Before any appeal and certainly before POPLA is tried.

fifty50

Coupon-mad said:

That is Plan A in the NEWBIES thread. 
Before any appeal and certainly before POPLA is tried.

By the time i saw that thread, i had already sent it off so thought to wait for a response. Hopefully its not too late as i am literally hoping to get that done asap.

Redx

not a genuine pre estimate of loss dies several years ago

get the email of complaint sent to David Potts asap

fifty50

I have looked on the morrison website however i am struggling to get hold of the store manager/CEO details for the paddocks branch where the event took place. I dont want to go through the usual customer service as they might not have the power to address the issue. Does anyone have an idea how to go about this please? 

Redx

see my last reply, go to the top, plenty of people have complained to the CEO and the donotreply email and got their pcn,s cancelled, what you do or do not want to do is irrelevant, just get it done, like hundreds before you