Euro Car Park PCN received for rental car

Coupon-mad

I wouldn't!  ECP have to show pics of the signs so POPLA will see those anyway, so don't double the impression of ''oh look, the signs are bright, large signs, right next to the PDT machine.''

turgidstrop

Ok fair enough. well I have removed all photos apart from the overview.  I won't repost the pdf as it has my POPLA code on it now, but I guess we're good to go, unless there's anything else?

turgidstrop

Shout out to MistZ, Fruitcake, KeithP, Coupon-Mad, Redx and the rest!  Finally had notification that the POPLA appeal was successful!  Thanks so much guys for all your help!

Ralph-y

well done .... can you please post up here and on the POPLA decisions thread the reasons as it may help others ....

Ralph

turgidstrop

Certainly...

Decision

Successful

Assessor Name

Adele Ditchfield

Assessor summary of operator case

The operator has issued the Parking Charge Notice (PCN) as a valid pay and display/permit was not purchased.

Assessor summary of your case

I will be summarising the appellant’s grounds of appeal only. The appellant says the operator has not complied with the Protection of Freedoms Act (POFA) 2012 as the operator failed to provide a statement signed by or on behalf of the vehicle ire firm, a copy of the hire agreement and a copy of a statement of liability signed by the hire along with a notice to keeper, they say they did not receive these documents. The appellant says the operator does not have a valid contract with the landowner. They say the signage is not prominent, clear or legible from all parking spaces and there is insufficient notice of the parking charge.

Assessor supporting rational for decision

The driver of the vehicle on the date in question has not been clearly identified. The operator is therefore pursuing the appellant for the charge as the hirer of the vehicle in line with the Protection of Freedoms Act (POFA) 2012. POFA requires that when pursuing a parking charge from the hirer of a vehicle, an operator obtains from the keeper of the vehicle “a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement”, “a copy of the hire agreement” and “a copy of the statement of liability signed by the hirer under that hire agreement.” POFA also requires that an operator issues a “notice to hirer” as well “a copy of the documents mentioned […] and the notice to keeper.” The operator has provided no evidence to show that the required documentation was obtained from the keeper or that it was sent to the hirer. It is not necessary to address the appellant’s remaining grounds of appeal. Upon consideration of the evidence provided to POPLA, I cannot determine the terms and conditions of the car park were breached. As such, I conclude that the PCN has been issued incorrectly. Accordingly, I must allow this appeal.

Fruitcake

Well done and thanks for letting us know.

turgidstrop

One last question... the rental company are refusing to accept the POPLA desicion email as evidence to cancel their citation admin charge, saying that I need to get a confirmation from Euro Car Parks that the PCN has been cancelled.  I'm thinking they're not going to be mad keen on helping me out with this.   Are they obliged to provide it?  Should I approach them or POPLA to see if I can get one?

D_P_Dance

Have you complaine about the hire company to Trading Standards?

Le_Kirk

turgidstrop said:

One last question... the rental company are refusing to accept the POPLA desicion email as evidence to cancel their citation admin charge, saying that I need to get a confirmation from Euro Car Parks that the PCN has been cancelled.  I'm thinking they're not going to be mad keen on helping me out with this.   Are they obliged to provide it?  Should I approach them or POPLA to see if I can get one?

Can you check on the PPC's web site and see if the PCN is still there, sometimes they show cancelled for a while and you can take a screenshot.

turgidstrop

I just got https://gyazo.com/0de6532804542d3f042b6a6e6eff38b6 this screen when I went to the bit where it said pay a parking charge.  Unless there's another way to try?