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Euro Car Parks PCN

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Hi, 
I am slightly freaking out, hence my post here. I have read many posts about ECP parking fraud, and wanted to know my rights from you forumites. If there is any issue with this thread - I apologise. I am a newbie and this is my first thread. 

Yesterday, I received a letter from PCN letter ECP. This stated that I parked in parking space without paying them. I use an app called paybyphone, and I have used this for many years - never had an issue like this before. On the day mentioned - I parked my car, took things out of my car and paid via the app for 1 hour parking as I left the parking space. After 40 minutes I left the parking space. I have got a receipt of payment on my email and also on the app. I have put this towards an appeal via the website, hoping to ring them up on Monday too. I have also emailed them and attached this evidence. 

The only thing that’s bugging me is the time stamp - on the letter the time stamp says I entered 9:57 but I paid at 10:02. I had to park in a space and get out of he car before paying. Will this cause any issues? 

If they keep sending letters what do I do? Can I ignore it? I have read a lot of feedback on trustpilot and other websites, where people have said don’t pay it. Will it affect my credit score in anyway? 

Please advise. 

Thanks
J
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Comments

  • Umkomaas
    Umkomaas Posts: 43,415 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The NEWBIES FAQ sticky, first post, will take you through the initial stages of dealing with this, including a template appeal (look for it in blue text) for you to use. This initial appeal will more than likely be rejected, but it does come with a code to use with the second stage appeal service - POPLA - where there is a greater prospect of having the PCN overturned. 

    This ticket will have been issued because you fell foul of the crazy new wheeze introduced and approved by the BPA in their 2020 Code of Practice amendments to give motorists just 5 minutes to get everything done and paid for. Times are tough for PPCs (reportedly 80% down on takings since COVID) and they will be squeezing every pip they can. 

    You should also complain strongly to the landowner that this draconian measure means that given the possibility of incurring a £100 penalty every time you use the car park will see you shop elsewhere in future. 
    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
  • jarvis92
    jarvis92 Posts: 27 Forumite
    10 Posts
    Hi,
     Many thanks for your response. I will make a note to read that today. 5 minutes to park and pay - that is just a joke! If I take this further with POPLA what are the chances I will get this overturned? Will the price of the fine be increased? Or can I get away with paying £60.

    Any ideas how I find the landowner? 

    Thanks
    J
  • jarvis92
    jarvis92 Posts: 27 Forumite
    10 Posts
    Also - will not paying affect my credit score in anyway? Either by POPLA or ECP. 
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It s not a fine, it is an invoice, you only need to pay if they take you to court, win, (unlikely), and a judge orders you to pay,

    Enlist the support of your MP as nine times out of ten these tickets an be cancelled.

    Finding a landowner, google some of  these.

    https://www.google.com/search?q=finding+a+landowner&oq=finding+a+landowner&aqs=chrome..69i57.21215j0j15&sourceid=chrome&ie=UTF-8


    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 43,415 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Chances at POPLA - pretty good if you can find the technicalities where ECP have failed. But it's getting more difficult and why we recommend pushing as hard as possible with the landowner. 

    You will need to do research via Google, local authority - asking who pays the non-domestic rate on the car park, you can pay The Land Registry about £3 to provide the information. If it's a multi-outlet retail park, there is likely to be a managing agent, like Savills or Jones Lang Lasalle - and you'll often find their name at the bottom of any Welcome Board which lists all the retailers on site, you could also ask around the retail outlets to determine if any of them know who you should contact. 

    What kind of site is it?  Give us the name because some come up here regularly and there may already be information to assist you buried somewhere in the forum's depths.

    The PCN is a standard £100 - it's £60 if you quickly pay them and not bother them with having to deal with your appeals - it's a bribe to get you to accept you're guilty, dip into your pocket and not give them any trouble. Once you go to POPLA, it's the standard charge thereafter. 
    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
  • Umkomaas
    Umkomaas Posts: 43,415 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    jarvis92 said:
    Also - will not paying affect my credit score in anyway? Either by POPLA or ECP. 
    Credit score can only be affected if this goes to court, you don't defend it or lose, you fail to pay the amount ordered by the Judge, by the date set. You are really the only one who can cause a credit-trashing CCJ, not ECP, not POPLA. 

    At time of writing, of almost 1 million tickets issued in 2019 by ECP, they appeared in the small claims court just twice - and they may or may not have been anything to do with private parking. 
    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
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Also - will not paying affect my credit score in anyway? 

    You could so easily have found this out yourself, have you never heard of search engines?


    You never know how far you can go until you go too far.
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    jarvis92 said:
     I have put this towards an appeal via the website, hoping to ring them up on Monday too.

    What ever you do don't do that, you won't get anywhere, they won't be interested (except to confirm you are hooked for more pressure) and you may drop yourself in it further!

  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 25 October 2020 at 10:20AM
    In matters such as this, where court is a distinct  possibility, never ever conduct business by telephone.  EVERYTHING on paper, judges love a paper trails.
    You never know how far you can go until you go too far.
  • D_P_Dance said:
    Also - will not paying affect my credit score in anyway? 

    You could so easily have found this out yourself, have you never heard of search engines?


    I just wanted to confirm this. I have mortgage renewal around the corner - don’t want anything like this to increase my payment. 
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