ECP DCB Legal default CCJ - Claims form not received, seems to be CNBC error

B789

I would have thought that if the PCN was non POFA compliant then you should lead with that point as you are appealing as the RK, not the driver. Did you at any point in the initial appeal give away the identity of the driver?

Reading your narrative of the event, it is notable that, whilst you do not admit to being the driver, some of your "observations" are made as though you were the driver on the day.

B789

I appealed to Euro car park mentioning the following:
1. I had used it a few times before when I occasionally came to Poundland and was not aware it is Euro Car park now
2. It had snowed a couple of days before, snow was still all around,  there were just a couple of cars and I did not realise  its a paid car park
3. There was absolutely no car parking bay/lines anywhere in the car park, and no white lines were seen any where in the entire area, so I never got the impression that its a paid car park
4. On a Sunday every car park in my area is free. In fact, there is a council car park just 5-10 meters away from this place. I had no intention of evading a parking charge, otherwise, I could have easily parked in the council car park

You may have scuppered the keeper liability part of your POPLA appeal by inadvertently admitting to being the driver in your first appeal. Hopefully, the other points in your appeal will hold up.

Birkum

B789 said:

I would have thought that if the PCN was non POFA compliant then you should lead with that point as you are appealing as the RK, not the driver. Did you at any point in the initial appeal give away the identity of the driver?

Reading your narrative of the event, it is notable that, whilst you do not admit to being the driver, some of your "observations" are made as though you were the driver on the day.

Thats a great point and one that is bothering me hence I put it as the last point knowing well that it should be probably the first. For the first appeal, I filled data as asked in the Euro Car park website. I do not remember very well if I admitted to being a driver or not hence played safe by making it as the last point. Should I take it out completely?

Thank you so much

Birkum

B789 said:

I appealed to Euro car park mentioning the following:
1. I had used it a few times before when I occasionally came to Poundland and was not aware it is Euro Car park now
2. It had snowed a couple of days before, snow was still all around,  there were just a couple of cars and I did not realise  its a paid car park
3. There was absolutely no car parking bay/lines anywhere in the car park, and no white lines were seen any where in the entire area, so I never got the impression that its a paid car park
4. On a Sunday every car park in my area is free. In fact, there is a council car park just 5-10 meters away from this place. I had no intention of evading a parking charge, otherwise, I could have easily parked in the council car park

You may have scuppered the keeper liability part of your POPLA appeal by inadvertently admitting to being the driver in your first appeal. Hopefully, the other points in your appeal will hold up.

Thank you so much, tha latest draft that i posted today is an enhanced version of the on you have mentioned. I never submitted the appeal yet to POPLA. The one I submitted was to Euro Car Park using there website. But I may have narrated some of the observation in that appeal

Coupon-mad

I would remove 4, 5 and 6 and just stick with the first 3 points.

I would not use that first photo of the entrance as it shows a large yellow sign facing you (on the right side wall).   I think you are helping them by showing that photo.

Stick with your other photos and embed the date and time taken into each and every one, using:

Android = Auto Stamper for Photo

IOS =   TimeStampIt – Photo Stamper

If you can't get them to work, screenshot your photos one by one which shows the time/date taken.

As an aside, on Sundays why don't drivers do what my family do and seek out single yellow lines, or permit holder bays on street that are not in operation on Sundays?

Free parking all day in most towns & cities.  I hate car parks!  No need to use one on Sundays.

B789

Birkum said:

B789 said:

I appealed to Euro car park mentioning the following:
1. I had used it a few times before when I occasionally came to Poundland and was not aware it is Euro Car park now
2. It had snowed a couple of days before, snow was still all around,  there were just a couple of cars and I did not realise  its a paid car park
3. There was absolutely no car parking bay/lines anywhere in the car park, and no white lines were seen any where in the entire area, so I never got the impression that its a paid car park
4. On a Sunday every car park in my area is free. In fact, there is a council car park just 5-10 meters away from this place. I had no intention of evading a parking charge, otherwise, I could have easily parked in the council car park

You may have scuppered the keeper liability part of your POPLA appeal by inadvertently admitting to being the driver in your first appeal. Hopefully, the other points in your appeal will hold up.

Thank you so much, tha latest draft that i posted today is an enhanced version of the on you have mentioned. I never submitted the appeal yet to POPLA. The one I submitted was to Euro Car Park using there website. But I may have narrated some of the observation in that appeal

But that is the point I'm trying to make. It looks like you may have already admitted being the driver in your initial appeal to the PPC. They will resubmitting their evidence to the POPLA Adjudicator at some stage before a decision is made. Did you or did you not, inadvertently or otherwise, admit to being the driver in your initial appeal to the PPC?

Birkum

Coupon-mad said:

I would remove 4, 5 and 6 and just stick with the first 3 points.

I would not use that first photo of the entrance as it shows a large yellow sign facing you (on the right side wall).   I think you are helping them by showing that photo.

Stick with your other photos and embed the date and time taken into each and every one, using:

Android = Auto Stamper for Photo

IOS =   TimeStampIt – Photo Stamper

If you can't get them to work, screenshot your photos one by one which shows the time/date taken.

As an aside, on Sundays why don't drivers do what my family do and seek out single yellow lines, or permit holder bays on street that are not in operation on Sundays?

Free parking all day in most towns & cities.  I hate car parks!  No need to use one on Sundays.

Coupon-mad, agree with you on the point to park on Sunday. All the council parkings are free on Sunday in my area including one that is just 5-10 meters away from this.I just did not know this is a Euro car park.  If you recall it had snowed heavily around that time and the entire area was covered with snow so if there was any sign also i had no possibility to see it, it never came in my mind that it could be a paid parking and honestly, somehow I did  not see even one sign there.

Unfortunately i cant take any more photos as it appears Euro Car park has moved out and lot of building work going on in that place

Birkum

Also Coupon-mad, what do you suggest please - should I write as if I was the driver and explain my experience. Because it is true that hardly there was any sign once I was in and if at all there were signs then I could not see as it was covered with snow. But this will be accepting that I was the driver. Thank you

Birkum

B789 said:

Birkum said:

B789 said:

I appealed to Euro car park mentioning the following:
1. I had used it a few times before when I occasionally came to Poundland and was not aware it is Euro Car park now
2. It had snowed a couple of days before, snow was still all around,  there were just a couple of cars and I did not realise  its a paid car park
3. There was absolutely no car parking bay/lines anywhere in the car park, and no white lines were seen any where in the entire area, so I never got the impression that its a paid car park
4. On a Sunday every car park in my area is free. In fact, there is a council car park just 5-10 meters away from this place. I had no intention of evading a parking charge, otherwise, I could have easily parked in the council car park

You may have scuppered the keeper liability part of your POPLA appeal by inadvertently admitting to being the driver in your first appeal. Hopefully, the other points in your appeal will hold up.

Thank you so much, tha latest draft that i posted today is an enhanced version of the on you have mentioned. I never submitted the appeal yet to POPLA. The one I submitted was to Euro Car Park using there website. But I may have narrated some of the observation in that appeal

But that is the point I'm trying to make. It looks like you may have already admitted being the driver in your initial appeal to the PPC. They will resubmitting their evidence to the POPLA Adjudicator at some stage before a decision is made. Did you or did you not, inadvertently or otherwise, admit to being the driver in your initial appeal to the PPC?

This point I am not sure. I filled in the details as it was required in the Euro Car park website. Somehow do not remember what it asked, but it is possible that i may have admitted as you have rightly pointed out

Coupon-mad

If it is a POFA NTK (Euro Car Parks normally do use that wording) then there is no point pretending you weren't the driver.