Euro Carparks overstay fine

Coupon-mad

But we are not telling you to pay. You need to read the NEWBIES thread. 

No-one pays ECP.

If the keeper is so vulnerable (elderly?) that they haven't Googled it and would just pay a scam parking ticket, get them to name you as the driver, or just appeal as admitted driver and give your home address if it is different, so that the person who wants to pay it never sees any letters about it.  You can't have family members being duped (presumably your parent?) into paying a scam and being 'livid' with completely the wrong person...do they have no idea about the scum parking industry and how it works?

If it were me, I'd appeal as driver to hook it away from them and start educating your family about why informed people don't pay private parking firms £100:

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

https://hansard.parliament.uk/commons/2018-11-23/debates/005F9F65-57E5-4AD0-B6EC-C26C75A7AAA2/Parking(CodeOfPractice)Bill

MPs know the score.    Please read the debates, it will open your eyes to the industry and what the Govt is doing about it (this coming year, a fair and truly independent appeals service overseen by Govt will be coming in, plus a level of regulation to stop the worst practices

e.g. ANPR cameras are never synchronised between the in/out cameras so how do you know the alleged timings are correct?

More people need to wise up and stop being 'livid' at innocent, law abiding drivers for getting one of these PCNs and thinking it's a real parking fine. 

There is currently somewhere close to a ONE IN THREE chance of every car/small van registered in England & Wales, getting a private PCN every year, for some jumped up, petty reason, demanding £100.  It is a national scandal.  Teach your family and handle it as driver and show them this is nothing to be scared of but that it is in fact a scam that they are likely to inadvertently fall foul of too, one day.

jellybaby87

Thank You for your honest opinions, it really is appreciated.
After reading the POFA information it seems to be compliant.  With this is mind would if be best for the keeper to name the driver?  
Mainly because after reading the posts about eurocarparks,  the advice seems to be if it fails at POPLA to ignore the debt collector letters and hope the don't take you to court.  My worry is if I take the gamble on appeal and it fails is there no way of going back to pay the original fine or is it a case of hoping and ignoring for 6 years?  Also even if I am willing to make that gamble, by the keeper not identifying me as the driver it would be him they are chasing and potentially taking to court?  He definitely will not want to play that game

jellybaby87

* Side note*  Say the keeper appeals to ECP and POPLA and both are rejected, can the keeper then name the driver and the process starts over? 

Coupon-mad

ECP still hardly ever try court but from what you've described about the keeper not being up to standing up to this scam, my advice stands:

If it were me, I'd appeal as driver to hook it away from them.

In a POFA NTK case (and I agree that a ECP NTK is likely to be compliant, so there is no angle there) I can't see the point of the keeper being the one to appeal and try POPLA, when you are a more robust person and you are on this forum getting our support now, so it is better if you appeal and handle it.  Forget the idea of the £60.  Not an option.

Say the keeper appeals to ECP and POPLA and both are rejected, can the keeper then name the driver and the process starts over?Maybe, but what's the point.  Remove the keeper immediately from the equation, when they are not as robust and informed as you and where the NTK is a POFA one anyway.  No point playing games in the name of the keeper.

jellybaby87

Thanks so much coupon_mad this was really helpful and reassuring, Will get on to sorting it

Redx

As above , if the NTK complied with POFA then it doesn't matter who appeals it , but the keeper remains liable for a court case within 6 years if they don't name the Driver

The appeal points remain the same for both persons , because POFA isn't one of them for either person. If ECP have covered all points , then it's a loss for the defendant

If the appeals fail , then the £100 charge could go to enforcement within 6 years

Uptown_Boy

Redx said:

If the appeals fail , then the £100 charge could go to enforcement within 6 years

That's why (IMHO) the RK should respond to the NTK to give the name and serviceable address for the driver (the OP of this thread in this case), and the driver then receives an NTD and appeals/POPLA etc. The RK would have discharged any liability thus the PPC would have no legal foundation to subsequently chase the RK for the original PCN.

Redx

I agree entirely 

However , I do predict a loss on this case , it's a loser IMHO whichever way it is dealt with

Any win is due to a technical failure by the claimant , probably landowner authority failure , if at all

Uptown_Boy

Agreed. I'm merely suggesting that the process to hook this away from this RK should be the formal one (not merely the driver contacting ECP) so that there's no chance of a LBC/claim landing on the RK's doorstep in future.

PS - the RK should retain a copy of the formal email of liability transfer (if email is accepted by ECP), or keep a copy of the letter doing the same (if done by post - get a free certificate of posting and staple it to the letter copy). Of course the OP can do all of this work on behalf of the RK, but it must be done in the RK's name.

D_P_Dance

 So the RK needs to respond by either 1. paying (not recommended), 2. fighting this as the RK (recommended -

Uptown boy, did you forget a third option, naming the driver?