POPLA Appeal - Euro Car Park

safeqaz

Hi All,

I modified my POPLA appeal to add the following :-

1) Permission to park - Failure to Comply with BPA

I have a valid membership at PureGym and am allowed to park in the Chelmsford Meadows Car Park for upt o 2 hours. Please see attached email chain ( Gym Membership- Email ) which is evidence of my membership and proof I am allowed to park in the gym for up 2 hours.

On the 08th September 2021 I entered the gym at 12:25 and left at 13:08, please see attached (Attendance log) which shows my recent attendance to the gym. It is quite clear from both my emails and attendance log that I am allowed to park in the gym and I was there less than 2 hours.

I believe on the day when I entered my VRN into the keypad either the signal to the keypad failed or that there may have been a genuine VRM keying error. I appealed to the operator and provided evidence of my gym membership and attendance log but was neglected. When I queried with the gym in cancelling the fine they do not have a contact with the operator which I found shocking as the operator knows I am a genuine user of the car park then there is no need to issue a fine.

On the POPLA website itself I came across the 2 case studies on keypad errors and both state that :-

“Section 17 of the British Parking Association Code of Practice covers the steps a parking operator should take when a keying error occurs. If there has been a minor keying error, for example one digit entered incorrectly, the parking operator is expected to have identified this before issuing a parking charge notice. If they failed to do this, they are expected to cancel the parking charge notice when the motorist appeals.

In situations where a major keying error has occurred, for example the motorist entered an entirely different registration, the parking operator is not expected to have identified this before issuing a parking charge notice. But it is expected that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event, that the motorist attempted to enter their vehicle registration mark, or they were a legitimate user of the car park (e.g. a customer).”

The operator did not offer to reduce the charge to a maximum of £20 when I appealed and had simply rejected my appeal. Therefore the operator has failed to follow the keying error guidance in the British Parking Association Code of Practice.

safeqaz

I have heard back from POPLA and seems like EuroCarPark did not wish to contest the appeal. Wonder why? 
Anyway victory for me :-)

Thanks for your efforts

D_P_Dance

Have you complained to your MP? Also read this and consider a complaint to Trading Standards. https://metro.co.uk/2021/10/18/surrey-writing-on-womans-jumper-landed-couple-with-fine-when-she-walked-in-bus-lane-15439916/

Redx

Please post your success in the Popla decisions announcement at the top of the forum , adding ECP and add a link to this thread

Well done !  😁😁👍👍

harlow091

safeqaz said:

I have heard back from POPLA and seems like EuroCarPark did not wish to contest the appeal. Wonder why? 
Anyway victory for me :-)

Thanks for your efforts

 Hi Safeqaz, something very similar happened to me today. I received the ECP PCN, I was looking to pursue it in the same manner you did.

I was wondering was your ticket also from Chelmsford? So, I can assess how similar my case is to yours?

Le_Kirk

The OP @safeqaz has not been on the forum since November 2021 therefore you might be better sending them a PM using the envelope symbol (Messages) top right of any forum page.

safeqaz

@harlow091 i didnt see this untill now but hopefully went all well