Euro Car Park PCN

bitbibit

Hi, I have PCN from Euro Car Parks as keeper. I was changing the house when I got hold of it the fine was £100 because the 28 days just passed. I appealed showing that I have paid for the parking they rejected the appeal saying the vehicle was parked for 14 hours and 26 minutes. 53 minutes over the duration allowed. Paid for (1800:0800) for aytoun-street-euro-car-park, vehicle entered late and left late as per their notice. I am not sure the time they mentioned is correct or not. Should I go for appeal to popla or pay £100 which is totally unjustified. Thanks 

Coupon-mad

Do neither.  Ignore them.  Certainly no paying! 

bitbibit

Thanks Coupon-mad, if they take to court is there any possibility to win, i have seen they come after 4-5 years when keeper/driver forget about anything related to incident. 

Lagroid

bitbibit said:

Thanks Coupon-mad, if they take to court is there any possibility to win, i have seen they come after 4-5 years when keeper/driver forget about anything related to incident. 

Yes, if they take you to court, you'll likely win if you follow the advice on the NEWBIES thread, pinned to this forum. 

There's draft defences that you can use which pull apart car parks based on signage, and also the unlawful charges they've added on.

Ignore until you get a Court Claim form or Letter Before Claim. Then go to the Newbies thread and follow the advice. Update us in this thread that you've created.

Coupon-mad

bitbibit said:

Thanks Coupon-mad, if they take to court is there any possibility to win, i have seen they come after 4-5 years when keeper/driver forget about anything related to incident. 

Euro Car Parks almost never sue. Relax!

When parking firms do sue, we see reports of defendants winning 99% of the time.  Unless you move house (obviously you have to tell them that!) just ignore the 'scary' £170 demands, get on with your life and no paying.

But:

Please do join us for the Public Consultation shortly.  Come back and make sure your voice is heard when the Government opens the consultation (soon).

akba

Coupon-mad said:

bitbibit said:

Thanks Coupon-mad, if they take to court is there any possibility to win, i have seen they come after 4-5 years when keeper/driver forget about anything related to incident. 

Euro Car Parks almost never sue. Relax!

When parking firms do sue, we see reports of defendants winning 99% of the time.  Unless you move house (obviously you have to tell them that!) just ignore the 'scary' £170 demands, get on with your life and no paying.

But:

Please do join us for the Public Consultation shortly.  Come back and make sure your voice is heard when the Government opens the consultation (soon).

Is this still the case? Aside from complaining to the land lord (BP Station) should I just ignore them?

KeithP

akba said:

Coupon-mad said:

bitbibit said:

Thanks Coupon-mad, if they take to court is there any possibility to win, i have seen they come after 4-5 years when keeper/driver forget about anything related to incident. 

Euro Car Parks almost never sue. Relax!

When parking firms do sue, we see reports of defendants winning 99% of the time.  Unless you move house (obviously you have to tell them that!) just ignore the 'scary' £170 demands, get on with your life and no paying.

But:

Please do join us for the Public Consultation shortly.  Come back and make sure your voice is heard when the Government opens the consultation (soon).

Is this still the case? Aside from complaining to the land lord (BP Station) should I just ignore them?

You've had three replies on this thread.
Please read them all again.
Every single one uses the word 'ignore'.

bitbibit

Hi Everybody,
Can you please review my 'Defence' updated from given template. Here is brief context. I received a Claim form dated 18 September and submitted the Acknowledgement on 27 September. The claim is from Euro Car Parks and represented by DCB Legal. I was told that Euro Car parks do not proceed to claims so I ignored the letter from Debt Recovery company. I got letters (both recovery and claim) on new address but when I filed Acknowledgement  it used my old address. Please advise

1- How can I tell court and claimant to send me letters on new address only?
2-  Please review following paras, these are the only paras I changed

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised, and it is admitted that the Defendant was the registered keeper and driver.

 

3. The Defendant was staying overnight near the parking facility, arriving the night before the day in question. It was both dark and heavily raining, significantly impairing visibility and making the conditions more challenging, with no lighting near the ticket machine. The Defendant parked their vehicle and attempted to purchase a parking ticket from the machine, which was malfunctioning, possibly due to the weather conditions. This required the Defendant to attempt the transaction multiple times. On the third or fourth attempt, the Defendant finally succeeded in purchasing what they believed to be a valid ticket for the entire following day. The Defendant left the premises the next morning under the genuine belief that appropriate payment had been made. It was only upon receiving a letter from the debt recovery agency that the Defendant became aware the machine had not processed the payment accurately, resulting in a payment that did not cover a small portion of time. The Defendant asserts that they acted in good faith, with no intent to evade the parking fee, and that the malfunctioning machine contributed to the inaccurate transaction. In light of these circumstances, including the faulty equipment and adverse weather conditions, the Defendant contends that the amount now claimed is excessive and disproportionate, and the penalty being sought is neither reasonable nor justified.

 
--------------------
I have attached the screenshot of amount claimed as particular of claim, in addition to that they claim 35 court fee and 50 for representation, totally 279.

I think tomorrow is my last day for defence, so if this seems OK then I should submit it over the email by max mid day tomorrow?

KeithP

bitbibit said:

I received a Claim form dated 18 September and submitted the Acknowledgement on 27 September. The claim is from Euro Car Parks and represented by DCB Legal.

I think tomorrow is my last day for defence, so if this seems OK then I should submit it over the email by max mid day tomorrow?

You have more time than you think.

Don't you already have a thread about this incident?

With a Claim Issue Date of 18th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 21st October 2024 to file a Defence.

That's a whole week away. Plenty of time to produce a Defence but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

bitbibit

Thanks Keith, I have gone through that Newbies thread and template. It suggested to change the Para 2 and 3, which I changed as given in this tread. I am not sure what other paras to change to include if any technical aspect. Should I post whole Defence here?

bitbibit

Do we calculate working days only when counting 28 days?