EURO PARKING SERVICES - PCN

rdw_06

The reason for contravention:  Parked on premises whilst failing to enter vehicle registration number at kiosk

The keeper has not complained to landowner

rdw_06

Fruitcake said:

Yes I realise it is a different case, but the advice is exactly the same.

Plan A, complain to the landowner and the keeper's MP.
If that fails, send the initial appeal template in blue text from the NEWBIES.

Should the complaints to both be done in writing?

Coupon-mad

Yes.  Email is fine.  Or in person if it's a shop or trade premises.

This is already explained in the NEWBIES thread, where the very first link is to an entire (very long) multiple case examples thread demonstrating how to complain successfully to a landowner.

rdw_06

Thank you.

rdw_06

So here is the update:

Spoke with the MP's office who advised they would write to these people, not sure who, but I will chase this up tomorrow.  We also spoke with the manager of the pub and he advised there is nothing he can do and we have to contact Euro Parking Services to sort it out.  To be honest he was not very helpful either, although he claimed he was helping us out and told us we have no chance of getting it cancelled.  LOL

Upon visiting the pub, they have a sign on the door saying 'please enter Reg into pad on bar within 5 mins to avoid penalty charge'. 

I think it is now time to appeal. 

I have checked the PCN letter/notice and obviously had not read  it properly, as it states 'appeals must be registered within 21 days beginning with the second day after the issue date of this notice.  However, if you wish to retain your option of a discounted payment (if stated on the front of this notice,) your appeal must be registered within 14 days', deadline date given as (22/4/22).  Issue date and post date is 7/4/22.  Am I correct in thinking we have only been given 12 days and are we now out of time to do this, according to their deadline calculation?

Please see below drafted appeal, please advise if there is anything that should be added.

Many thanks in advance.

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle.  I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn.  Since your PCN is a vague template, I require an explanation of the allegation and your evidence.  You must include a close up actual photograph of the sign you contend was at the location on the material date, as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

As your Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4), you are, in law, unable to hold the registered keeper of the vehicle liable for the parking charge; I suggest therefore that you contact the driver.  As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so!

Le_Kirk

The pub can do nothing?  Did the parking company just rock up, put up the signs, break into the pub and install the keypad when no one was looking?  Of course the pub can do something, they must have a contract with the PPC.  Keep at them.  Do they want to lose ALL their customers; they've already lost you, your family and friends!  You cannot afford to keep visiting them if every visit comes with a £100 surcharge.  And does their sign actually say "Penalty" Charge?

rdw_06

Le_Kirk said:

The pub can do nothing?  Did the parking company just rock up, put up the signs, break into the pub and install the keypad when no one was looking?  Of course the pub can do something, they must have a contract with the PPC.  Keep at them.  Do they want to lose ALL their customers; they've already lost you, your family and friends!  You cannot afford to keep visiting them if every visit comes with a £100 surcharge.  And does their sign actually say "Penalty" Charge?

Hi

Thanks for your response.  Believe me, we really really tried, we visited the pub on 2 occasions to plead with the manager and he blatantly refused relying on the fact that the people got out of the car and did not use their premises and showed camera footage, saying ‘you have no chance’.  The pub is called the shoulder of mutton and I have since found 2 other posters on here who have been caught in the same way.  Upon driving there myself since, I can clearly see how many people would and will get drawn into this whole big mess. IMHO there is no clear signage that would alert people not to park there, as you do not immediately see the signs when you turn onto their car park.  This was an honest mistake by the driver and I can see how others will get caught out in this way.

At this point, having now seen the other posts, should we:

1.  Still appeal to EPS
2.  Also send a complaint to IAS, highlighting the grace period of less than 4 mins, not in line with CoP
3.  Contact DVLA to advise of them wrongful obtainment the RK details
4.  Contact the landowner to make them aware of the misuse of the parking management company

Your advice would be gratefully appreciated.  I would also like to know how I can highlight to others their demise if they ever get caught out in this way, as I am sure EPC have made a lot of money from this, owing to the fact people do not usually challenge these tickets.

Thank you in advance.

rdw_06

The sign does not clearly state ‘penalty charge’ on it.  It does say there is a charge, but you would have to physically go up to it read it, it is that small

Coupon-mad

The law is changing so in future things will improve.  See the Parking Code of Practice, published in February by the DLUHC.

You can't complain to IAS.  Just play the game, do what the NEWBIES thread says.  Don't pay.

rdw_06

Thanks Coupon-mad.  So do we not appeal on EPS site either, just sit it out and ignore the letter?