Euro Car Parks - Lose Appeal and pay £100?

reeceg353

Hi all,

I parked in a car park that I thought was free after 6pm (parked there at 7.30pm for a couple hours) - I can’t deny that I didn’t, as I did, my argument is that euro car parks hve decided to charge me a super excessive £100 for the ticket? It’s £60 if I pay it within 14 days, but get this - if I appeal it and lose the appeal, I have to pay full £100? 

I read the section on typical charges, but this isn’t a local authority charge, it’s a private firm and I wanted to know if it’s legal to charge £100 for a penalty? 

Any advice would be appreciated as I really don’t think it’s fair to charge someone £60-£100 

P.s. they sent this letter to my mums address, my new address is on the DVLA and reflected on my drivers license.. is this a juvenile thing to suggest I ignore it and claim I never received it?

Coupon-mad

I wanted to know if it’s legal to charge £100 for a penalty?

It's not a penalty.  However, both private and Local Authority PCNs operate such that if you lose an appeal, the discount is gone.  This isn't new.

I read the section on typical charges, but this isn’t a local authority charge.

Now that worries me, that you've read the DREADFUL MSE ARTICLE about PCNs.  Awful stuff. Read the NEWBIES thread and other ECP threads. 

No-one PAYS them but nor do we ignore, and nor do we argue that £100 is excessive (because the Beavis case killed that).

1505grandad

Not a good idea to expose the VRM of your black petrol vehicle so suggest you re-post the NTH duly redacted.

Redx

ECP do not issue Penalties , they issue Parking Charge Notices, a PCN , it mentions parking charge numerous times

The default daily tariff of £100 has been around for a decade , so pointless arguing about it , the Beavis case killed off your arguments , so yes it's legal

Umkomaas

Notice to Hirer, almost inevitably missing the documents required in the Protection of Freedoms Act 2012 (Schedule 4) paras 13 and 14. Easy win at POPLA.  Check the requirements laid out above. 

But first you will need to appeal this using the relevant Edna Basher template in the NEWBIES FAQ sticky, first post,  

Coupon-mad

Yes, it ill be an easy win as long as the hirer appeals as hirer, without blabbing about driving. 100% win if POPLA are awake.

Fruitcake

The address the DVLA hold for your drivers Driving Licence has nothing to do with the address where the vehicle is registered or where the hirer/lessee lives.  The address the scammers are using will be whatever address the hire/lease company hold for you. It this has changed then you need to tell the hire/lease company.
The hire/lease company can only supply the details of the person named on the hire/lease agreement. They cannot possibly know who was driving unless they were present at the time of the alleged event, or someone is stupid enough to tell them.
The scammers have helpfully said they have been given the hirer's details, so they don't know the identity of the driver. Make sure you keep it that way.

You will also need to tell the scammer's DPO your new address for service by sending a rectification notice instructing them to erase your old details and update with your new address for service. If you don't, correspondence will continue to go to your Mum's address.

As for ignoring, that advice hasn't been given here since the law changed in 2012.
Telling the scammers you didn't receive the NTH simply isn't true, so I'm not sure why you would consider doing that. Imagine what would happen if this got to court having made an untrue statement.

If you follow the advice already given, then it will never get that far.

reeceg353

Thanks for your replies. It is indeed a lease car but it’s for personal use and not a fleet/business lease - does the above advice still apply for personal lease? As I am the only named person on the lease.

KeithP

Yes, still applies.
Follow @Umkomaas' advice above.

Fruitcake

Use the appropriate lease/hire car template appeal written by edna basher that you will find near the end of the first post of the NEWBIES. One is for fleet managers so the one you want will be one of the other two.

reeceg353

Ok so this one here?

Dear Sir/Madam,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Euro Car Parks as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Euro Car Park’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that Euro Car Parks has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


Yours faithfully,