Received PCN FROM Euro Parking Services

Darren104

I complained to the MP earlier this year about another PCN and he did not want to get involved.

Coupon-mad

Did you point out the new Act and that other MPs are bending over backwards to assist consumers against what MPs unanimously condemned as a rogue industry where self regulation has failed?

Darren104

Received this following email response to my appeal. Template response by the looks of it. There is No mention of their failure to comply with the POFA 14 day keeper liability regulation. They have just said that they do not rely on POFA. What do they mean by stating that, Does POFA not apply to them? 

Dear

Re: Parking Charge Notice Number xxxxxx (Vehicle: XXXXXXX)

Site: The Moor centre

Issue date: 14/07/2021

We acknowledge receipt of your appeal (representations) received on 26/07/2021 in relation to the above Parking Charge Notice (PCN).

We have reviewed your appeal and in doing so, we took into account the representations that you made in support of your appeal as well as evidence which was submitted. We reached the decision that in this instance, the Parking Charge was issued correctly for the following reason(s).

As stated on the signs in the car park there is a maximum stay period. This is in place to prevent overstays in the car park and to allow more customers the opportunity to visit the premises. According to our records your vehicle was parked in excess of this free time, we have no option but to uphold this appeal. There are sufficient signs in the car park warning motorists that if they park their vehicle over the time limit, it will result in a Parking Charge being issued to the vehicle.

We have not relied on POFA

Please see attached photos of signage. All sites are audited by the IPC to ensure that they meet all the standard requirements including signage

Please see attached photos of vehicle

The Landowner authority is not public information and this does not have to be disclosed. The IAS has access to this should the appeal go to this stage. We are satisfied that the Parking Charge Notice was issued correctly and that sufficient attention was brought to the driver with regards to the terms and Conditions enforced. In light of the aforementioned, your appeal (representations) is rejected. We will not accept any further appeals. We have now extended the discounted payment period by 14 days to allow you time to pay the discounted settlement amount. Please now make payment of £60 to reach us by 13/08/2021 or £100 to reach us by 27/08/2021. We must advise you that once the discounted settlement rate passes it will not be offered again. If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). In order to appeal, you will need your parking charge number, your vehicle registration and the date the charge was originally issued. Appeals must be submitted to the IAS within 21 days of the date of this letter. However, if you choose this option your Parking Charge will automatically increase to £160. Please visit www.theias.org for full details. Payment can be made using a debit or credit card by calling the automated payment line on 0845 121 0065 or online at www.europarkingservices.com. You may send a cheque or postal order made payable to Euro Parking Services Ltd. Please ensure you write your Parking Charge Notice number clearly on the reverse. Please do not send cash through the post. For our full Complaints Procedure please visit www.europarkingservices.com. Should you consider not making a payment, we must draw your attention to the landmark decision in the Supreme Court of the United Kingdom, dated 4th November 2015, Parking Eye Ltd- v -Mr Barry Beavis. Further details on the case can be found at https://www.supremecourt.uk/cases/uksc-2015-0116.html. This case was seen as an important 'test case' due to the complex legal arguments used by both sides. The ruling sets a legally binding precedent on all similar cases for the while of the United Kingdom. If a payment is not received by the above date we will commence court action to recover what you owe. This will include additional charges to include (but not limited to) legal and court costs. Should judgement be awarded in our favour, this may affect your ability to obtain credit in the future. 

Yours sincerely, 

Appeals Department Euro Parking Services Ltd

Coupon-mad

They mean they haven't complied and are assuming you were the driver. 

Try an IAS appeal (no template, just write it with evidence, without saying who was driving so be careful how you word it.  But explain the POFA failure and what the driver said about the parking event, the signage, etc.

KeithP

Darren104 said:

Received this following email response to my appeal. Template response by the looks of it. There is No mention of their failure to comply with the POFA 14 day keeper liability regulation. They have just said that they do not rely on POFA. What do they mean by stating that, Does POFA not apply to them? 

They mean that they are not relying on POFA to transfer any driver's liability to the keeper.

That in turn means that they either already know the name and address of the driver or are assuming that, on the balance of probabilities, the keeper was the driver.

Yes, POFA applies to them. It applies to everyone. However, if they don't want to use, or cannot use, the features of POFA then they can only pursue the driver.

But don't think that will stop them pursuing the keeper using the above assumption.

Coupon-mad

Now there is another important task to do in August: 

The final Government Consultation into the level of parking charges, discounts, false ‘debt recovery add-ons’ (that no PPC actually pays)...

...and the Appeals Charter - that should IMHO result in full cancellations not enrich the PPCs by £20 or more because it would just encourage spurious PCNs that should never be issued...

... is now open!

See separate thread:

https://forums.moneysavingexpert.com/discussion/6286801/government-consultation-re-level-of-private-parking-charges-now-open

This forum’s regulars are encouraging email submissions with evidence and photos, letters attached to illustrate what happened to you and why you are answering the way you are.

Please tell your family and friends to encourage colleagues who have had these spurious PCNs and claims to email their evidence to the MHCLG as shown in the Consultation and not just do the tick boxes. 

The Government want evidence - victims must give it to them.  

DON’T MISS IT.

The proposal to actually ALLOW debt recovery enhancements that the PPCs don't actually pay will drive MILLIONS of old and new cases to court and is appallingly naive. 

I didn't think we'd see that from the MHCLG and we need to respond to that section to point out what will really happen.

Darren104

Coupon-mad said:

They mean they haven't complied and are assuming you were the driver. 

Try an IAS appeal (no template, just write it with evidence, without saying who was driving so be careful how you word it.  But explain the POFA failure and what the driver said about the parking event, the signage, etc.

If the IAS appeal process is rejected and it ultimately gets to the court before a judge, and i can 1000% prove and show evidence that i was not the driver, as i was in fact at work at the time, then will the judge award in my favour based on the POFA 14 day keeper liability or is this again a matter of judge bingo. Thanks

Coupon-mad

Yes - very likely you'd win - but if you have 100% evidence then avoid all that and do a robust IAS appeal uploading that evidence and say you were not driving and are not liable, and explain the POFA fail.

Darren104

Coupon-mad said:

Yes - very likely you'd win - but if you have 100% evidence then avoid all that and do a robust IAS appeal uploading that evidence and say you were not driving and are not liable, and explain the POFA fail.

Thank you very much for your advice. I will get cracking on the IAS appeal as soon as. 

Coupon-mad

And the Government Consultation!   DON’T MISS IT.

Please comment on the government consultation concerning parking charges and complain to your MP about the proposal to allow fake add on debt recovery costs.

Government Consultation re private parking charge levels, August 2021: PLEASE BOOKMARK THIS THREAD — MoneySavingExpert Forum

We are calling for everyone to do a full and robust response by email to the MHCLG, attaching evidence of what happened to you and what you think is wrong about £100 charges and fake debt recovery ‘fees’ that no PPC actually incurs or pays. 

We also need people to contact their MP to ask questions about why the MHCLG appear to have performed a U-turn on their March promise to cap parking charges, and why instead they propose to fund the race to court at £70 a time from victims

https://forums.moneysavingexpert.com/discussion/comment/78517562/#Comment_78517562

To anyone reading this: PLEASE DO THIS IF YOU WANT CONSUMER VOICES TO OUTWEIGH THE PARKING INDUSTRY’S GREED. WHICH SEES THEM TRY TO CLAIM MORE THAN THE LAW ALLOWS, FROM A REGISTERED KEEPER,

I just looked at the POFA Explanatory Notes (part of the legislation):

https://www.legislation.gov.uk/ukpga/2012/9/notes/division/5/1/3/3

221.Paragraph 4 provides that the creditor has a right to recover unpaid parking charges from the keeper of the relevant vehicle if the conditions set out in paragraphs 5, 6, 11 and 12 are satisfied. The creditor is not obliged to pursue unpaid parking charges through this scheme and may seek to do so through other means but they may not use the scheme provided for here to secure double recovery of unpaid parking charges (paragraph 4(6)), nor will they have the right to pursue the keeper, as opposed to the driver, of the vehicle where they have sufficient details of the driver’s identity. The right to reclaim unpaid parking charges from the vehicle keeper does not apply in cases where the vehicle has been stolen before it was parked, (paragraphs 4(2) to (3)), or in certain circumstances where the vehicle in question was a hire vehicle (paragraph 4(7)). The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)).