Company car PCN from EuroCar Parks due to overstay by 6 minutes

Skraivok

I'm using Edna's template as the hirer as I have received the Notice to hirer addressed to me.

Dear Sir / Madam,

Parking Charge Notice: ABC Vehicle Registration: XYZ

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Euro Car Parks Ltd (“ECP”) 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 ECP’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 ECP 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.

 I was going to add the below points from another of edna's responses as it seemed highly effective:

In the event this escalated to POPLA, I wish to make you aware of the following details and require the specific information so that I can assess the validity of your claim:

 

1.      Who is the party that contracted with Euro Car Parks Ltd for the provision of their services at the site of the alleged to have taken place in ABC  Retail Park?

2.      What is the full legal identity of the landowner?

3.      As you are not the landowner, please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that Euro Car Parks Ltd have the authority of the landowner to both issue parking charges and legislate in your own name or on behalf of the landowner.

 

4.      Is your charge based on damages for breach of contract? - Yes or no?

 

5.      If the charge is based on damages for breach of contract, please provide justification of this sum.

 

6.      Is your charge based on a contractually agreed sum for the provision of parking? - Yes or no?

 

7.      If the charge is based on a contractually agreed sum for the provision of parking please, provide a valid VAT invoice as you make no mention on VAT in any correspondence.

 

8.      The signage to the site (from a seated position in the vehicle as it enters the car park is impossible to read especially at night. Please provide a copy of the sign that purportedly forms the basis of the contract entered into by the driver for my records.

 

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.

I'm guessing it doesn't make too much difference as they will likely reject it anyway

Umkomaas

Just use the template, all that other stuff is superfluous, and looks hideously out of date now. I'm not sure Edna penned that addition?

D_P_Dance

A judge might consider an overstay of 6 minutes as a waste of court time, read this

https://www.merriam-webster.com/dictionary/de minimis

Have you read the newbies and complained to your MP?

Coupon-mad

Umkomaas said:

Just use the template, all that other stuff is superfluous, and looks hideously out of date now. I'm not sure Edna penned that addition?

I agree, the additional stuff is too old.

Skraivok

Ok, initial appeal declined, now applying to POPLAR, using the points in the newbies thread based on signage and POFA (I initially received a notice to hirer and have only responded lesse/hirer). In addition to the template, I was gong to specifically  mention that none of the signs in the car park relating to the PCN are individually lit (image below).  



Indeed the only lighting in the car park comes from the flood lights on the adjacent football pitch (image below). 



There is also another carpark opposite managed by the same parking company, where they have bothered to illuminate their signs  (image below).



I've also mentioned that some of the signs are missing entirely (image below).



There is a sign to the carpark is by the entrance, but it also unlit and doesn't state a charge



Just wondered if I'm missing any obvious points? If it wasn't for the flood lights being on, the car park would be pitch black!

KeithP

You really must hammer home to PoPLA the fact that the parking company did not send you the required documentation - according to POFA Sch4 paras 13 and 14 - when they sent you a Notice to Hirer.

That is your winning point.

But include all the other stuff as well - just in case.

Coupon-mad

Without saying who was driving of course.  Good pictures!

Umkomaas

Get time stamps on each of the photos, otherwise POPLA will disregard them as being insufficiently evidential. 

Skraivok

Hi all,

Received evidence from POPLAR that was submitted by Euro car Parks. they have shown images of the signs in daylight (irrelevant as the alleged offence occurred at night). They have also shown images of the signs illuminated at night, however these photos were taken a few weeks after the offence and approximately 1 hour 30 minutes prior to the time at which entry into the car park was made (19:55). I suspect the lights are on a timer which cuts lighting to the car park after between 18:30 and 20:00. My images directly refute their claim.

In response to the lack of POFA 2012 compliance they have stated:

• Euro Car Parks do not need to provide evidence of who was driving the vehicle, it is the hirer’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 hirer of the vehicle at the time it was parked so much of that amount which remains unpaid.

•   Landowner Authority contract between Euro Car Parks and xxxxx xxxxx – figure 4.

•   The Protection of Freedoms Act (PoFA) does not alter the principle of driver liability. What it does do, is to allow proceedings against the registered keeper/hirer for unpaid parking charges when the landowner or their agent, the parking operator does not know who the driver was at the time.

•   The creditor/operator must follow the procedures set out in PoFA Schedule 4 to achieve the benefits of keeper/hirer liability.

•   I would respectfully remind that contract law applies in this instance.

•   The car park is private property and signage on entrance and within the private car park clearly set out the rules and regulations of the car park and tariffs (if applicable). By entering the car park, parking and leaving the vehicle the driver has accepted the ‘contract’ and therefore if the driver fail to comply with the terms and conditions a

  parking charge notice will be correctly issued.

•   Any form of parking ticket or ‘notice’ is issued under the law ‘of trespass and Contract

  Law’. A driver who is invited (or chooses) to park on private land and use the car parking facilities and pays a fee/s does so under a contract (signage) with the car park operator. The parking contract sets out the terms that apply to the parking service, including the price.

•   The contract (signage) clearly states the extra charges are that the driver will incur and have to pay if they decide to break the contract terms − for example, by parking longer than the time paid for or exceeding the maximum time limit applicable.

  
  

  Anything you would add further in regards the POFA section? In my mind they haven't followed the procedures set out in PoFA Schedule 4 to achieve the benefits of keeper/hirer liability?

Jenni_D

Did they send a Notice to Hirer including a copy of the hire agreement? If not then they've not complied with POFA so they can only pursue the driver - do they know with certainty who this was? (i.e. has the driver's ID ever been exposed?) If not then they cannot rely on POFA.

You'll have to explain this in words of one syllable to the POPLA assessor.

(Corrected a typo)