Euro Car Parks - Grace period?

snores

Hello all it's me again with a different problem from a different car.

I have a new vehicle that I lease and I've just now received an email from my lease company that 'today they've received and processed a representation for a parking charge involving my vehicle'. The PPC is Euro Car Parks and it's from 5/11.

I don't think I'll receive the PCN until next week, considering my lease company only processed the request today so I don't know what 'evidence' or photos ECP will have. The driver was looking for somewhere to park - they drove into this carpark and found no spaces so drove back out. They were probably only there less than 5 minutes (the car is on the large side and the carpark is tiny so manoeuvering in and out takes some time). I've looked at the BPA's policy on grace periods and it's 10 minutes I think? Obviously I'll know more once I receive the PCN and the ANPR photos showing the entry and exit times, however I'm worried that if there are no ANPR photos supplied, how to prove they were there less than 5 minutes. Fingers crossed they don't send the hire documents so I can at least try to appeal with non-POFA compliance.

Grizebeck

Oh this is very easy to win at POPLA!
Read the Newbies

Umkomaas

I've looked at the BPA's policy on grace periods and it's 10 minutes I think?

Checked or guessing?  Have a look at the latest (2020) Code of Practice. 

snores

Grizebeck said:

Oh this is very easy to win at POPLA!
Read the Newbies

Hi Grizebeck, thank you.

I'm trying to prep ahead of the PCN arriving. First thing I'll try is appealing to ECP under the grace period argument and hopefully, non-POFA compliance if they don't include hire docs. They are BPA members so they should surely abide by the 10 minute rule.
I'll also try to complain to the landowner - here's a stupid question though; how do I find out who the landowner is? It's just a small patch of land that's a carpark, not servicing any retail shops or premises. Is it via the land registry? Apologies for the stupid question but I've never caught a PCN this early on.
If all that fails and ECP deny my appeal, I need to ask for a POPLA code right? And then appeal to POPLA

Grizebeck

Ecp will decline the appeal
Dont bother with grace period etc
Simply do a standard hirer appeal which will be declined.  They will provide a popla code automatically

snores

Umkomaas said:

I've looked at the BPA's policy on grace periods and it's 10 minutes I think?

Checked or guessing?  Have a look at the latest (2020) Code of Practice. 

Hi, ah they've changed it from 10 minutes. This is what I found when I checked:

13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.

If 5 minutes is the minimum then surely that can be challenged or be open to interpretation? 

snores

Grizebeck said:

Ecp will decline the appeal
Dont bother with grace period etc
Simply do a standard hirer appeal which will be declined.  They will provide a popla code automatically

Ah okay, thank you. I really hate that they make it so drawn out.

Grizebeck

You dont need to waste your time on that to win this......

snores

I really want to avoid getting to the POPLA stage, the appeals are long and I know that they aren't always successful after putting in all the time and effort. Other than trying to get the landowner to cancel the PCN, would you say that this will inevitably head down the POPLA route?

KeithP

snores said:

... would you say that this will inevitably head down the POPLA route?

I would, yes.

Umkomaas

snores said:

I really want to avoid getting to the POPLA stage, the appeals are long and I know that they aren't always successful after putting in all the time and effort. Other than trying to get the landowner to cancel the PCN, would you say that this will inevitably head down the POPLA route?

It's easy with a hire car where the hire company has formally passed liability to the hirer. Read the NEWBIES FAQ Announcement, particularly the section covering hire/lease vehicles. 

There's nothing 'long' in a POPLA appeal that you need to construct for yourself. Most of the appeal points you need to make are already in the NEWBIES FAQ Announcement, third post, ready written for you. You just need to be good at copying and pasting. 

You need to do the reading to understand how to do all this.