PCN from Euro Car Parks - app issues

Ginger477

Hi all,
I recieved a PCN today after visiting The Arcadian car park (ran by ECP, members of BPA) in Birmingham last week, for apparently not paying for parking when I did so via the Glide Parking app.. I've looked through the newbies thread, and there doesn't seem to be much advice for me when considering appeals. I have screenshotted evidence of both bank statements, and from within the Glide Parking app itself relating to the alleged incident, would this be enough for an appeal, or should I consider drafting up one of these long old essays in case I need to go to POPLA?

Le_Kirk

Initial appeal is exactly as per the blue text in the NEWBIE sticky provided you are the RK of the vehicle and it is not leased/hired.  You don't need a long winded appeal, just use the one in blue with no additions, deletions or modifications.  Did you put the correct car park number and correct VRM in the app?

Fruitcake

Start by complaining to the landowner and retail managers of any establishment visited.

If that doesn't work then send thee initial appeal using the template in blue text from the first post of the NEWBIES. Send it unaltered from the keeper ensuring the driver's identity is not revealed and without missing the appeal deadline.
If the NTK was non-PoFA compliant then add a one liner to that effect.
Compare the NTK with the strict requirements of the PoFA to see if the keeper can be held liable.

If/when it is rejected, then construct a draft PoPLA appeal. Post it here for checking before you submit it.

Get pics of the site and signage plus any evidence that no breach of parking terms occurred.

Ginger477

Hi, and thanks for the quick reply.
Yes, both car park and VRM are correct in the app, and I have screenshots of these as evidence. As far as I can tell, it should be an open and closed case!

Redx

Depends if ECP received the money from the app

Paying an app is not the same thing as paying ECP

Ginger477

Redx said:

Depends if ECP received the money from the app

Paying an app is not the same thing as paying ECP

Glide Parking is advertised in the car park itself as an acceptable way to pay, surely this covers me?

Redx

Only a judge can decide , it's a complicated contractual matter between you , the providers of the app and the parking company

Whenever has a legal matter been simple ?

Who did the money go to ? The app provider or ecp ?

Ginger477

Redx said:

Only a judge can decide , it's a complicated contractual matter between you , the providers of the app and the parking company

Whenever has a legal matter been simple ?

Who did the money go to ? The app provider or ecp ?

You're not wrong unfortunately!
Can I verify that if it goes to POPLA and it is rejected, we'll be paying the full £100?

Fruitcake

Ginger477 said:

Redx said:

Depends if ECP received the money from the app

Paying an app is not the same thing as paying ECP

Glide Parking is advertised in the car park itself as an acceptable way to pay, surely this covers me?

The private parking industry is an unregulated scam. If ECP did not receive the money allegedly paid, or say they did not receive the money allegedly paid, then you have to go through the appeals process or pay their extortionate scamvoice. Nobody here will suggest you do the latter. Parking scammers do not make things easy for the motorist and assume they are guilty until proven innocent, and even then they may pursue you.

You are not dealing with nice or reasonable people, so please follow the advice given.

Le_Kirk

POPLA decisions are not binding on the motorist and only a judge can decide if it gets beyond POPLA.

Ginger477

Thanks guys. I'll get the initial appeal (the blue text from the newbie thread) sent off and keep you updated with proceedings before I do anything further.