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Surrounding Car-parks Different Companies Monitoring Query

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Comments

  • Umkomaas
    Umkomaas Posts: 44,056 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Do they need to confirm exactly where they think I parked?
    You should attempt to get them to confirm. I'd copy your request to the DVLA and the BPA with references to your VRM and the PCN number (with your letter/email to ECP being clear that you have copied in the other two recipients), this may make it more difficult for them to fob you off/ignore your request. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • 20vt-rs
    20vt-rs Posts: 732 Forumite
    Part of the Furniture 500 Posts Mortgage-free Glee! Name Dropper
    Umkomaas said:
    Do they need to confirm exactly where they think I parked?
    You should attempt to get them to confirm. I'd copy your request to the DVLA and the BPA with references to your VRM and the PCN number (with your letter/email to ECP being clear that you have copied in the other two recipients), this may make it more difficult for them to fob you off/ignore your request. 
    Thanks for this, should I do this before a POPLA appeal?
    Mortgage Free Wannabe Light Bulb Moment (Early 2012, started May 2012)
    Original Mortgage Amount - £147k (Oct 2005) / Term 27 years (To 2032)
    Target to Pay off by 2026 by overpaying - Officially Mortgage Free June 2023!
    Balance Reduction Progress: May12 £128k / Nov13 £120k / Dec15 £107k / Mar18 £87k / Mar21 £46k / Jun22 £28k / Jun23 £0!!

  • Umkomaas
    Umkomaas Posts: 44,056 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    20vt-rs said:
    Umkomaas said:
    Do they need to confirm exactly where they think I parked?
    You should attempt to get them to confirm. I'd copy your request to the DVLA and the BPA with references to your VRM and the PCN number (with your letter/email to ECP being clear that you have copied in the other two recipients), this may make it more difficult for them to fob you off/ignore your request. 
    Thanks for this, should I do this before a POPLA appeal?
    Depends how much time you have in which to submit your POPLA appeal. POPLA won't wait while you're doing so. 

    Whether or not you get any response in time, you put ECP to strict proof as to which specific car park in your POPLA appeal.  Give ECP an 'awkward' POPLA appeal to deal with and they often withdraw. No guarantees, but let them have both barrels to handle!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • 20vt-rs
    20vt-rs Posts: 732 Forumite
    Part of the Furniture 500 Posts Mortgage-free Glee! Name Dropper
    Umkomaas said:
    20vt-rs said:
    Umkomaas said:
    Do they need to confirm exactly where they think I parked?
    You should attempt to get them to confirm. I'd copy your request to the DVLA and the BPA with references to your VRM and the PCN number (with your letter/email to ECP being clear that you have copied in the other two recipients), this may make it more difficult for them to fob you off/ignore your request. 
    Thanks for this, should I do this before a POPLA appeal?
    Depends how much time you have in which to submit your POPLA appeal. POPLA won't wait while you're doing so. 

    Whether or not you get any response in time, you put ECP to strict proof as to which specific car park in your POPLA appeal.  Give ECP an 'awkward' POPLA appeal to deal with and they often withdraw. No guarantees, but let them have both barrels to handle!
    Great thank you for your advice!
    Mortgage Free Wannabe Light Bulb Moment (Early 2012, started May 2012)
    Original Mortgage Amount - £147k (Oct 2005) / Term 27 years (To 2032)
    Target to Pay off by 2026 by overpaying - Officially Mortgage Free June 2023!
    Balance Reduction Progress: May12 £128k / Nov13 £120k / Dec15 £107k / Mar18 £87k / Mar21 £46k / Jun22 £28k / Jun23 £0!!

  • Castle
    Castle Posts: 4,968 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    20vt-rs said:
    Just a quick thank you to the users who provided input and for the vast array of info on PCN's on the forum... I have been successful in my appeal on the grounds that the charge was not sufficiently brought to the attention of motorists on the signs, and is therefore it does not meet the expectations of ParkingEye v Beavis. There were other factors that I raised, however these were not considered due to this point being in the main.

    It took several hours or reading up on here, typing up the evidence and collating pictures, but it was worth it. I wonder if the car park operator will take this into account and update their signage?

    Thanks all!
    Doubt it; as that will cost time and money and reduce their income.
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 22 April 2022 at 10:31AM
    Well done, and this is yet another example of why ANPR is not fit for purpose in car parks.
    This case reminds me of a similar one some time ago where a long stay car park was at the end of a long road leading from a hotel. ANPR was at the hotel entrance but was in effect cancelled by another anpr camera at the entrance to the long stay car park at the end of the road.
    If the long stay camera (effectively an exit camera) misread in any way the main hotel car park cameras logged a long over stay when the car exited the complex days or weeks later.
    I think this is what happened here.
  • 20vt-rs
    20vt-rs Posts: 732 Forumite
    Part of the Furniture 500 Posts Mortgage-free Glee! Name Dropper
    Umkomaas said:
    It's another POPLA success where ECP signage is not up to forming a contract. 

    Well done @20vt-rs. Would you mind posting up the full POPLA Decision in the eponymous Announcement near the top of the forum thread index (please add some paragraphs if what you've received from POPLA is the usual unprofessional wall of text). Placing the decision there will really help cement this point about ECP signage so other motorists can have this information for their own ECP POPLA appeals. 
    Yes no problem, I will take a look at that a bit later.
    Mortgage Free Wannabe Light Bulb Moment (Early 2012, started May 2012)
    Original Mortgage Amount - £147k (Oct 2005) / Term 27 years (To 2032)
    Target to Pay off by 2026 by overpaying - Officially Mortgage Free June 2023!
    Balance Reduction Progress: May12 £128k / Nov13 £120k / Dec15 £107k / Mar18 £87k / Mar21 £46k / Jun22 £28k / Jun23 £0!!

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