Euro car parks POPLA appeal - help needed!!!

JVK210315

Hello,
I am hoping someone can help me with my appeal to POPLA for a Euro Car Parks ticket that they rejected the appeal for. I had previously posted but apparently too much information; therefore I am reposting a more vague version!! Below is a copy of my appeal to ECP using a parking cow boys template:

Without prejudice, except as to costs

This letter is a formal challenge to the issue of your Parking Charge Notice - Notice to Keeper as set out in the current BPA Ltd AOS Code of Practice B.22

On ******* I was the registered keeper of a ****** registration number ******.

Before I decide how to deal with your Parking Charge Notice - Notice to Keeper, I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I deal with the matter.

I should be grateful for specific answers to all questions raised. In this respect I remind you of the obligations set out in the current Practice Direction on Pre-Action Conduct.
I dispute your claim for the reasons set out below. Please note that although I dispute the whole basis of the parking charge, my main concern is its disproportionate and punitive level.

1. Your parking charge amount claim.

Please explain on which of the following grounds your claim is based:

(i)    Damages for trespass

(ii)   Damages for breach of contract

(iii)  A contractual sum

2. Your loss.

If it is your case that that a trespass was committed or that a contract was breached such that your claim is one for damages; please give me a full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the alleged parking contravention.
3. Your status – the creditor.

Your Parking Charge Notice - Notice to Keeper simply mentions Euro Car Parks. Please tell me who is the actual creditor making this £85 parking charge demand. I need to know exactly who is making the claim and in what capacity.

4. Ownership of premises.

Please tell me who owns the car park as I wish to send them a copy of this letter.

5. Contractual Authority (as required by BPA Ltd AOS CoP B.7)

Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.

6. Signage.

If it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract was been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s entry point.

7. Summary

I look forward to receiving your acknowledgement within 14 days and as there are no ‘exceptional circumstances’ your comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). I will then be able to make an informed decision as to how I deal with your Parking Charge Notice – Notice to Keeper.

If you reject this challenge or fail to address the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer the matter for their decision.

If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.

Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.

This was their reply:

Parking Charge Notice Number: ******
Date of Issue: ******
Vehicle Registration Mark: *****
Time of Issue: *****
Car Park: Morrisons - ******
Breach of Terms and Conditions: Your vehicle was parked longer than the maximum period allowed
Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons:

• Euro Car Parks do not need to provide evidence of who was driving the vehicle, it is the registered keeper’s responsibility to inform of the full name and UK Serviceable address within 28 days beginning with the day after the notice was given. If the full amount remains unpaid, under Schedule 4 of the Protection of Freedoms Act 2012 (‘the Act’), Euro Car Parks have the right subject of the Act to recover from the keeper of the vehicle at the time it was parked so much of that amount which remains unpaid. 
• If you were not the driver please provide the full details of the driver of the vehicle at the time the Parking Charge Notice was issued (full name and UK serviceable address). 
• Should you provide an incorrect address for service, we will pursue you for any parking charge amount that remains unpaid. Should you identify someone who denies they were the driver, we will pursue you for any parking charge amount that remains unpaid. 
• By parking in our ECP car park in Morrisons – ******, you have entered into a contract with ECP and have consented to comply with the terms and conditions set out on the signs in that car park which are clearly visible wherever you park. 
• The car park contains signs within the car park setting out our terms and conditions. All drivers therefore have the opportunity to review the terms and conditions prior to entering into the contract with ECP. 
• The terms and conditions are clearly incorporated into the contract. If a driver elects not to review the terms and conditions on the signage, this does not mean that the terms and conditions are not incorporated.
• The car park is operated by Automatic Number Plate Recognition (ANPR) – cameras capture an image of vehicles entering and leaving the car park and calculate their length of stay.
• Parking/staying at the above site is limited to 180 minutes. 
• On entry to private land it is the responsibility of the driver to check for signage and ensure that your vehicle has been correctly parked.
• Your vehicle stayed longer than 180 minutes, therefore the notice has been issued correctly and remains payable.
• Please make payment of the discounted amount of £50.00 by visiting our website at www.eurocarparks.com or use the automated telephone service 0203 553 4559. Alternatively make your cheque payable to Euro Car Parks Limited (to include a £2.50 handling charge for cheque processing) and post to Euro Car Parks Ltd, 30 Dorset Square, London, NW1 6QJ, quoting the PCN number on the reverse of the cheque.
• This amount is now due and the charge will be held for 14 days to allow time to make the payment. If payment is not received by this time the charge will increase to £85.00 and this may also result in the notice being passed to a third party with further charges applicable. 
• You have now reached the end of our internal appeals procedure. You can make an appeal to the Independent Appeals Service, POPLA (Parking on Private Land Appeals) using the unique POPLA Reference code provided above. Please note, should you decide to appeal to POPLA, or if you appeal to POPLA and your appeal is subsequently rejected, the option to pay a discounted amount will NO longer be available and the FULL AMOUNT of the PCN will become due. 
• If you/the driver decides to appeal to POPLA, you will need to visit the website, www.popla.co.uk, where further details of how to appeal (either online or by downloading the relevant forms) can be found. If the driver is unable to access the website, please call us for further information on how to obtain the forms. Please ensure that the POPLA Reference Number as noted above is quoted on all correspondence to POPLA. 
• The driver has 28 days from the date of this letter to submit an appeal to POPLA. If the driver appeals to POPLA, we will suspend recovery activity on the PCN. Appeals may NOT be accepted if payment is made against the Parking Charge Notice, including any appeals logged via POPLA, if applicable. If you choose to do nothing, we will seek to recover the monies owed to us via debt recovery procedures and may proceed with Court action against you.
• By law we are also required to inform you that the Ombudsman Services (www.ombudsmanservices.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution services. As such should you wish to appeal then you must do so to POPLA, as explained above. 

They included very generic signage (see photos) and as usual, terms and conditions so small and high up, they are unreadable. Can anyone advise or point me in the direction of where I can put together an appeal to POPLA. Many Thanks!

KeithP

Is there a question in there somewhere?

If you question is how do I create a winning PoPLA appeal, then can I suggest that you read the third post of the NEWBIES thread.

The NEWBIES thread is one of the first five threads you can see on that webpage you found when you hit the New Thread button half an hour ago.

D_P_Dance

Have you complained to your MP.  Some MPs may have some clout with local councils.  

fisherjim

D_P_Dance said:

Have you complained to your MP.  Some MPs may have some clout with local councils.  

What does this Morrisons car park have to do with the council?

D_P_Dance

What does this Morrisons car park have to do with the council?

Nothing at a;ll but one poster informed us, in the matter I believe of a listed building consents , that his MP was also leader of the Council. 

MPs have influence.  They can sometimes lean on councils, and PPCs need permissions form councils to conduct their business.  They are also sometimes pals with Ministers and Select Committee members with influence in these matters.  

My MP, a cabinet minister, was extremely helpful when I complained to him about an incompetent CC Judge.

JVK210315

KeithP said:

Is there a question in there somewhere?

If you question is how do I create a winning PoPLA appeal, then can I suggest that you read the third post of the NEWBIES thread.

The NEWBIES thread is one of the first five threads you can see on that webpage you found when you hit the New Thread button half an hour ago.

I checked on there and could not find a suitable appeal. Hence the post. My question is also posted at the top of my thread.

JVK210315

D_P_Dance said:

What does this Morrisons car park have to do with the council?

Nothing at a;ll but one poster informed us, in the matter I believe of a listed building consents , that his MP was also leader of the Council. 

MPs have influence.  They can sometimes lean on councils, and PPCs need permissions form councils to conduct their business.  They are also sometimes pals with Ministers and Select Committee members with influence in these matters.  

My MP, a cabinet minister, was extremely helpful when I complained to him about an incompetent CC Judge.

Thank you but this is a private company issue. The council will simply tell me to deal with them (I know people who have tried this before).

JVK210315

D_P_Dance said:

Have you complained to your MP.  Some MPs may have some clout with local councils.  

This was also not in my area, hence the lack of understanding about parking in another area!

D_P_Dance

The council will simply tell me to deal with them 

But my advice was to complain to the MP, not the council.  

KeithP

JVK210315 said:

KeithP said:

Is there a question in there somewhere?

If you question is how do I create a winning PoPLA appeal, then can I suggest that you read the third post of the NEWBIES thread.

The NEWBIES thread is one of the first five threads you can see on that webpage you found when you hit the New Thread button half an hour ago.

I checked on there and could not find a suitable appeal. Hence the post. My question is also posted at the top of my thread.

Ah yes, your question was...

Can anyone advise or point me in the direction of where I can put together an appeal to POPLA. Many Thanks!

I really am surprised that you couldn't find suitable points in the third post of the NEWBIES thread to put together as a winning PoPLA appeal.

String together a PoPLA appeal and post it here for critique if you wish.

JVK210315

KeithP said:

JVK210315 said:

KeithP said:

Is there a question in there somewhere?

If you question is how do I create a winning PoPLA appeal, then can I suggest that you read the third post of the NEWBIES thread.

The NEWBIES thread is one of the first five threads you can see on that webpage you found when you hit the New Thread button half an hour ago.

I checked on there and could not find a suitable appeal. Hence the post. My question is also posted at the top of my thread.

Ah yes, your question was...

Can anyone advise or point me in the direction of where I can put together an appeal to POPLA. Many Thanks!

I really am surprised that you couldn't find suitable points in the third post of the NEWBIES thread to put together as a winning PoPLA appeal.

String together a PoPLA appeal and post it here for critique if you wish.

It wasn't the same circumstances so I thought it would be irrelevant points I was raising in the appeal letter. Hence wanting to try and reach out on here is anyone can help me with a template/point me in the direction of one.