EuroParking Services issuing PCN NTK

slightlyannoyeddriver1

Hi all. New to this. Received a PCN from EuroParking Services for a £100 charge. The contravention states 'parking for patrons whilst on the premises only' with a period of 22:59:55 to 23:09:32. I'm obviously not going to be paying this ridiculous charge ( ontop of this it wasnt even me driving the car). Just need some help with going about appealing agaimst this. Do I go appeal on their website directly ? Is there a draft template anywhere that I can use for the appeal purposes? Or do I just ignore this PCN and hope it just goes away? 

Thanks for the help in advance..

Le_Kirk

Did you miss the NEWBIE sticky please read these first, just where you clicked on "Create Post" that is the place to start, all answers will be found there.

slightlyannoyeddriver1

I think I did. Sorry. Thanks for that

slightlyannoyeddriver1

Hi all. i recently received a PCN and i appealed against it but its been rejected. So, now ive been asked to appeal to IAS. Basically the PCN contravention was 'parking for patrons whilst on the premises'. I originally appealed against them stating that the signage was too small and that parking for patrons doesn't specify time. I received this letter today,

Site: MSGL Fashions

Issue date: 11/05/2023

We acknowledge receipt of your appeal (representations) received on 25/05/2023 in relation to the

above Parking Charge Notice (PCN).

We have reviewed your appeal and in doing so, we took into account the representations that you

made in support of your appeal as well as evidence which was submitted. We reached the decision that

in this instance, the Parking Charge was issued correctly for the following reason(s).

The car park is free for patrons whilst on the premises only. This is in place so that there is sufficient

spaces available for customers. Any vehicle found parked onsite who's driver has gone elsewhere is

liable for a parking charge notice (PCN). 

Note, where the requirements of POFA have been complied with and the driver is not known, the

keeper becomes liable for the charge. Additionally, there Is a legal presumption that the driver was the

keeper in the absence of evidence to the contrary.

Please follow the instructions detailed on the Parking Charge Notice to view all evidence.

We are satisfied that the Parking Charge Notice was issued correctly and that sufficient attention was

brought to the driver with regards to the terms and Conditions enforced. In light of the aforementioned,

your appeal (representations) is rejected. We will not accept any further appeals. We have now

extended the discounted payment period by 14 days to allow you time to pay the discounted settlement

amount. Please now make payment of £60 to reach us by 13/06/2023 or £100 to reach us by

27/06/2023. We must advise you that once the discounted settlement rate passes it will not be offered

again. If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals

Service (IAS). In order to appeal, you will need your parking charge number, your vehicle registration

and the date the charge was originally issued. Appeals must be submitted to the IAS within 21 days of

the date of this letter. However, if you choose this option your Parking Charge will automatically

increase to £100.

 You may send a cheque or postal order made payable to Euro Parking

Services Ltd. Please ensure you write your Parking Charge Notice number clearly on the reverse.

Please do not send cash through the post. Should you consider not making a payment, we must draw your

attention to the landmark decision in the Supreme Court of the United Kingdom, dated 4th November

2015, Parking Eye Ltd- v -Mr Barry Beavis. This case was seen as an important 'test

case' due to the complex legal arguments used by both sides. The ruling sets a legally binding

precedent on all similar cases for the while of the United Kingdom. If a payment is not received by the

above date we will commence court action to recover what you owe. This will include additional

charges to include (but not limited to) legal and court costs. Should judgement be awarded in our

favour, this may affect your ability to obtain credit in the future.



What do you suggest i write in my appeal to IAS??

Grizebeck

You dont bother.. 

Coupon-mad

The NEWBIES thread explains why not to try IAS.
 And what to do with the laughable £170 demands.

slightlyannoyeddriver1

thank you for the advice. yeah i read that. I was just thinking would it be worth appealing via IAS and mention the parking onsite is only allowed for ptrons (customers) however the timestamp states the contravention happened at 11pm, and therefore the logging vehicle details onto the computer instore is impossible as the store itself is closed. 

Not_A_Hope

The IAS is far from independent, will only look at the facts that favour the PPC and find in their favour. They are all part of the same scam and they don’t earn lots of money by allowing appeals.

You no doubt have some valid defence points. Get some photos of the signage which they will be  relying on to establish that you entered a contract by parking there. I bet it was dark at 11pm and you could not even see any unlit signs never mind read any terms and conditions.  Can you argue the contract was void for impossibility if you could not access the shop and log your VRM.

I note you were not the driver so check whether their NTK was actually POFA compliant.

You were there less than 10 minutes. They will have no evidence to demonstrate that ‘any vehicle driver had gone elsewhere’. You may wish to Google the IPC Code of Practice and look at section 13 relating to consideration and grace periods. 

Coupon-mad

Which won't help the OP, because the consideration period is 5 minutes.

@slightlyannoyeddriver1

DO NOT TRY IAS.  Don't waste your time.

Just ignore the £170 threatograms and come back if you get a court claim.

But please come back here in JULY OR AUGUST for the final Public Consultation (ON THE LEVEL OF PARKING CHARGES AND THE FAKE £70 ADD-ONS) if you want to help stop the scammers.

REALLY IMPORTANT THAT LOTS OF VICTIMS RESPOND.

Join us in this campaign in July!

Together, we can stop the rotten parking industry from riding roughshod over the new statutory Code and the charge level caps intended last year, but blocked by the greedy moneymen.

If you are not likely to pop back here every week to check, please set up email alerts for this forum and bookmark this thread (below) as we intend that one of us posts on it when the Government opens the Consultation:

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

Read only the latest (2022) posts there. The PPCs have blocked the new Code by filing for Judicial Reviews.

Stopped the much welcomed parking code from February 2022, which stated that added £60 or £70 false 'DRA fee' extortion was to be banned and that parking levels would start at £50.  It's all on hold...

Motorists urgently need the statutory Code reinstated and the ban on false 'DRA fees' confirmed.

This will be your chance to make a difference, plus other drivers you know (family, friends) who are also fed up with greedy and unscrupulous parking firms and the stranglehold they and their debt crawler mates have on people.

Coming very soon....and it will be all over the forum for several weeks.  Don't miss it.

Your only chance to change the law.

fisherjim

This is just an after hours ANPR scam, they are just chancing it suggesting that the occupants left site, there won't be any evidence and they think they have that car park covered off at 11PM with ANPR so foot patrols won't be wasted here.

The statement:

Additionally, there Is a legal presumption that the driver was the keeper in the absence of evidence to the contrary".

Is laughable and a lie!

I would get photos saved of the car park in the dark showing their poor signage as evidence if needed in future and ignore anything but a court claim.

Not_A_Hope

Which won't help the OP, because the consideration period is 5 minutes.

The latest IPC COP doesn’t even mention a 5 minute consideration period. It is ambiguous in that it talks about ‘sufficient time’ and ‘motorists deemed to have accepted them immediately if they remain without reading the T&Cs.

In 13.2 it does state a Grace period is a 10 minute period at the end of a permitted period of parking. 

The advice to ignore until they receive a Letter of Claim remains but it is worth the OP understanding their position and getting their ducks in a row now rather than at some point in the next 6 years that the PPC can raise a claim.

Remember if you change addresses in the next 6 years to let EuroParking Services know and to erase your former address. Many people are caught out with default CCJs because claims are sent to former addresses and are then undefended in court. Why would they want to spend an extra 29p on a latest address search when they can get a lucrative default CCJ instead. The new statutory COP referred to by @Coupon-mad will finally address this