Euro Car Park Ltd PCN for overstay beyond grace period - POPLA appeal draft from multiple template

T0P

Hi there.  I have similar claim, similar time and am planning similar defence.  I attended the cinema and didn't enter my reg (there was hardly anybody working there and the machine couldn't be found).  I've been in touch with the cinema but they are not very helpful so far.  Good luck with yours.

Subbu84

T0P said:

Hi there.  I have similar claim, similar time and am planning similar defence.  I attended the cinema and didn't enter my reg (there was hardly anybody working there and the machine couldn't be found).  I've been in touch with the cinema but they are not very helpful so far.  Good luck with yours.

Hey buddy

With cinema you must be sure that there is a receipt and things point towards an escape point, cinema should help am surprised they aren’t, keep trying wishing you all the best for your defence

Umkomaas

Concentrate on the signage and the barely visible £100 parking charge. If you read the POPLA Decisions Announcement near the top of the forum thread list, just the last four or five pages, there are a number of successful POPLA decisions going against ECP on exactly that point. Read those, then fashion your own 'Signage' appeal point around them. 

On Grace Periods, you are quoting from an out of date BPA Code of Practice - please read the latest (2020) version as that changed the Grace Period allowance. 

On PoFA - much will hinge on what you said in your initial appeal, which we haven't seen.  If you made any indication that you were the driver, all PoFA points become irrelevant. 

Your final sections 7, 8 and 9 have never been considered by POPLA and are not magic 'gotchas'. You can leave them in to pump up the appeal to 'kitchen sink' size for ECP to tackle, which might cause them to think it's too time consuming to respond to, and give up. But PPCs now have template responses to our templates, so don't rely on them easily giving up. 

Subbu84

Umkomaas said:

Concentrate on the signage and the barely visible £100 parking charge. If you read the POPLA Decisions Announcement near the top of the forum thread list, just the last four or five pages, there are a number of successful POPLA decisions going against ECP on exactly that point. Read those, then fashion your own 'Signage' appeal point around them. 

On Grace Periods, you are quoting from an out of date BPA Code of Practice - please read the latest (2020) version as that changed the Grace Period allowance. 

On PoFA - much will hinge on what you said in your initial appeal, which we haven't seen.  If you made any indication that you were the driver, all PoFA points become irrelevant. 

Your final sections 7, 8 and 9 have never been considered by POPLA and are not magic 'gotchas'. You can leave them in to pump up the appeal to 'kitchen sink' size for ECP to tackle, which might cause them to think it's too time consuming to respond to, and give up. But PPCs now have template responses to our templates, so don't rely on them easily giving up. 

While reading your BPA 2020 COP i realised there is a clause which states below, so is my grace period claim invalid for aged parents and will require more than 10 mins of no use?

13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period.

Coupon-mad

If the parents have medical conditions that slow them down, then the Equality Act 2010 trumps all.

Subbu84

Coupon-mad said:

If the parents have medical conditions that slow them down, then the Equality Act 2010 trumps all.

I am planning to mentioned the Age related equality act 2010 in POPLA appeal document

Subbu84

Coupon-mad said:

If the parents have medical conditions that slow them down, then the Equality Act 2010 trumps all.

By the way, I have complained to property owner of Peel centre as you suggested, yet to hear back from them

Coupon-mad

Subbu84 said:

Coupon-mad said:

If the parents have medical conditions that slow them down, then the Equality Act 2010 trumps all.

I am planning to mentioned the Age related equality act 2010 in POPLA appeal document

Which will be ignored. But yes, do!

Subbu84

@Coupon-mad - Thank you for your direction, my PCN has been cancelled using Action 1 as I complained to CEO, CFO of the parking place owners, this is the e-mail I got as reply 

-------

Apologies for the issue you have had with the charge notice at our car park in the Peel Centre. I’d like to assure you that the charges are there purely to deter long stay parkers and users of the railway. This helps us ensure car park has enough spaces for genuine visitors to use. If there were no controls in place, the car park would be full most days with commuters.

We analyse parking stays and set the time limit at a level which exceeds the vast majority of visitors. Our aim is to make your visit as easy as possible, which includes ensuring there are parking spaces available when you visit.

I’ve been in touch with our Euro Car Parks and have had the ticket cancelled for you, this was confirmed today so please disregard the notice you have received.

 Once again, apologies for any issues and I hope this is all ok with you.

 Please do let me know if you need anything else.

 All the best

Subbu84 said:

Coupon-mad said:

If the parents have medical conditions that slow them down, then the Equality Act 2010 trumps all.

I am planning to mentioned the Age related equality act 2010 in POPLA appeal document

Which will be ignored. But yes, do!

Subbu84

@Coupon-mad @Umkomaas - Thank you for all the direction with this PCN, another win