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Euro Car Parks Parking 1ST appeal rejected

SunerL
SunerL Posts: 25 Forumite
Fourth Anniversary 10 Posts
edited 1 July 2020 at 10:30PM in Parking tickets, fines & parking
UPDATE : APPEAL TO POPLA SUCCESSFUL

Hi All,
Thanks for the assistance in advance, I want to be sure I am clear on this.

Summary of events
Date Windscreen PCN  issued: 30/04/20
Date of ECP appeal: 13/05/2020
Date of Parking Notice Correspondence/  ECP appeal rejected and POPLA generated 02/06/2020.

This happened at Sainsbury's their T&Cs for parking is 3 hours free parking for customers. Thereafter PCNs and fines - the usual.
Their system is only ANPR cameras which capture the number plate on entry and exit.


I had submitted my appeal to ECP on 30/10 using the template on the newbies thread requesting POPLA Ref, making no mention of driver stricly a copy and paste . My appeal was rejected on the below grounds and POPLA ref was generated no NTK received ;



Having fully considered the evidence provided buy you we have decided rejected your appeal for the following reasons ; 
   *The times logged on the parking charge notice show your vehicle on the car park from 10:12 to 14:00 therefore exceeding the maximum stay time permitted.
   *Eurocarparks operate a space management service, and therefore it is imperative that the rules &regulations are adhered to.
   *the vehicle registration mark was first logged at 10:12 by the patrol officer site by entering the VRM into the handheld terminal
   *When the VRM was entered into the handled again at 14:00 the system alerted the patrol office that the vehicle had overstayed the maximum time allowed at car park.
   *It is the registered keeper's responsibility to inform of the full name and UK Serviciable adress within 28days beginning with the day after the notice was given. It the full 
        amount remains  unpaid, under Schedule 4 of the Protection of Freedoms Act 2012 ("the Act"), Euro Car Parks have the right subject of the Act to recover from the keeper 
        of the vehicle at the time it was parked so much of that amount which remains unpaid.
        If you were not the driver please provide  the full details of the driver of the vehicle at the time Parking Charge Notice was issued.
  * I can confirm the Parking Charge Notice was issued correctly and remains payable.

Please make payment of the discounted amount of ££££ bu rising our website at XXXXX or use the automated telephone service . Alternatively make your cheque payable to Europarks........ XXXXXXXXXXXXXXXXXXXXX  If the payment is not received by this time the charge will be held for 14 days to allow to make the payment. If payment is not received  by this time the charge will increase to £££ and this may also result in the notice being passed to the third party with further charges applicable.
  You have now reached the end of our internal procedure. 

You can make an appeal to Independent Appeals Service, POPLA  using the unique POPLA Reference code provided  above . Please note, should you decide to appeal to POPLA , or if you appeal to POPLA  and your appeal is subsequently rejected, the option to pay discounted amount will NO longer be available and the FULL AMOUNT  of the PCN will become due.

Please note, If the ticket was issued in SCOTLAND and or NORTHERN IRELAND, ONLY "THE DRIVER" can appeal to POPLA

If you/ the driver decides to appeal to POPLA, you will need to visit www.popla.....where further details of how to appeal (either online or by downloading relevant forms) can be found. If the driver is unable to access, please call us for further information on how to obtain the forms. Please ensure that the POPLA reference number as noted above is quoted on all correspondence to POPLA. The driver has 28days from the date of this letter to submit an appeal to POPLA. If they river appeals to POPLA, we will suspend recovery activity on the PCN.

Appeals may NOT accepted if payment is made against the Parking charge Notice, including any appeals logged via POPLA, if applicable 
.
If you choose to do nothing, we will seek recover the monies owed to us via debt recovery procedures and may proceed with Court action against you.
By law we are also required to inform you that the Ombusdam Serviced provides an alternative dispute resolution service that would be competent to deal with your appeal. However , we have not chosen to participate in their alternative dispute resolution services. As such should you wish to appeal then you must do so to POPLA, as explained above. 


Just to add; they also included poor quality pictures taken on site.




Any help would be greatly appreciated
«134

Comments

  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    It is not a fine, it is an invoice from an ex-clamper to compensate them for the alleged harm they suffered when you did what you did. We call it a scam. Pay them not a penny unless a judge so orders it.



    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 in some cases, cancellation. 

    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,

    Just as the clampers were finally closed down, so hopefully will many DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, 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/of these Private Parking Companies.



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






    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DiazB said:
    Any help would be greatly appreciated
    You need to appeal to appeal to PoPLA.

    Comprehensive guidance on how to create a winning PoPLA appeal can be found in the third post of the NEWBIES thread.
  • Ralph-y
    Ralph-y Posts: 4,760 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    What did the manager at Sainsbury's say when you complained to him/her not customer services?
    you should all so complain to the CEO

    Ralph B)

  • Le_Kirk
    Le_Kirk Posts: 25,212 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    DiazB said:
    Summary of events
    Date Windscreen PCN  issued: 30/04/20
    Date of ECP appeal: 30/10/2017
    Date of Parking Notice Correspondence/  ECP appeal rejected and POPLA generated 02/06/2020.
    Just for me to be clear you appealed three years before the date of the parking event?
  • Umkomaas
    Umkomaas Posts: 43,841 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 19 June 2020 at 5:08PM
    Europarks operate a space management service, 

    Alternatively make your cheque payable to Europarks..
    Who are 'Europarks'?  Have you copied and pasted the parking firm's reply, or have you attempted to re-type it yourself?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • SunerL
    SunerL Posts: 25 Forumite
    Fourth Anniversary 10 Posts
    KeithP said:
    DiazB said:
    Any help would be greatly appreciated
    You need to appeal to appeal to PoPLA.

    Comprehensive guidance on how to create a winning PoPLA appeal can be found in the third post of the NEWBIES thread.
    Thank you Keith

  • SunerL
    SunerL Posts: 25 Forumite
    Fourth Anniversary 10 Posts
    Le_Kirk said:
    DiazB said:
    Summary of events
    Date Windscreen PCN  issued: 30/04/20
    Date of ECP appeal: 30/10/2017
    Date of Parking Notice Correspondence/  ECP appeal rejected and POPLA generated 02/06/2020.
    Just for me to be clear you appealed three years before the date of the parking event?
    Appealed 13/ 05/2020 - sorry my mistake 
  • SunerL
    SunerL Posts: 25 Forumite
    Fourth Anniversary 10 Posts
    Umkomaas said:
    Europarks operate a space management service, 

    Alternatively make your cheque payable to Europarks..
    Who are 'Europarks'?  Have you copied and pasted the parking firm's reply, or have you attempted to re-type it yourself?
    Eurocarparks
  • Umkomaas
    Umkomaas Posts: 43,841 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    DiazB said:
    Umkomaas said:
    Europarks operate a space management service, 

    Alternatively make your cheque payable to Europarks..
    Who are 'Europarks'?  Have you copied and pasted the parking firm's reply, or have you attempted to re-type it yourself?
    Eurocarparks
    Nope. Do you mean Euro Car Parks?  You have to have absolute accuracy in all of this otherwise you risk incorrect and potentially expensive advice being given. 

    If it is Euro Car Parks, please edit the title of your thread. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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