UPDATE - CLAIM FORM RECIEVED: ECP - BP Hatton Cross Overstayed

fivestarsamz

Here is another one Thank you guys in advance!
- Driver is a PCO/minicab driver and stayed here to use toilet and figured they will wait here until the passengers are ready at Heathrow to pick them up.
- Driver didn't know there was any limits of 30 minutes. 
- RK received the PCN.

Of course I will follow the procedures of the Newbie thread and complain to someone in BP first.
But I wanted to know if the NTK meets POFA. and if You guys have any thoughts.

Coupon-mad

That's PoFA compliant but can be safely ignored. ECP never sue.

Do try to force BP to cancel it just in case though because the parking firm have 6 years to change the habit of a lifetime and litigate.

Is that petrol station within Heathrow Airport roadways?

fivestarsamz

Coupon-mad said:

That's PoFA compliant but can be safely ignored. ECP never sue.

Do try to force BP to cancel it just in case though because they have 6 years to change the habit of a lifetime and litigate.

Is that petrol station within Heathrow Airport roadways?

okay, thank you. You don't think its worth appealing and then going through POPLA to see if they throw in the white towels and not bother with it? And if they do and i lose, then its worth ignoring?

I believe it is because its surrounded by heathrow related buildings/hotels/car rental plots and is right next to the airport. Although, i am not 100% sure. 

Wonka_2

Coupon-mad said:

That's PoFA compliant but can be safely ignored. ECP never sue.

Do try to force BP to cancel it just in case though because the parking firm have 6 years to change the habit of a lifetime and litigate.

Is that petrol station within Heathrow Airport roadways?

No it'll be this one https://goo.gl/maps/pAqUZ18Nxt8pV7ks6

Always full of private hire drivers waiting 25mins before moving on to the next one further down the road - and IIRC although BP branded it's independent so any plea for cancellation would need to go to the operator (whose details will be found inside near the till) - but a quick search suggests it's these guys

MRH Retail Customer Services PO Box 272 Egham Surrey TW20 2AR
0333 400 4114

B789

That location falls just outside the boundary therefore it is relevant land.

https://www.heathrow.com/content/dam/heathrow/web/common/documents/contact-us/HAL-Byelaws-2014.pdf

Wonka_2

B789 said:

That location falls just outside the boundary therefore it is relevant land.

https://www.heathrow.com/content/dam/heathrow/web/common/documents/contact-us/HAL-Byelaws-2014.pdf

Am I missing something - surely if it's outside the boundary (and in this case given it's the far side of the A30 then it is) then how is it relevant to HAL ByeLaws ? Or am I reading the map (or guidance) wrong ?

KeithP

Wonka_2 said:

B789 said:

That location falls just outside the boundary therefore it is relevant land.

https://www.heathrow.com/content/dam/heathrow/web/common/documents/contact-us/HAL-Byelaws-2014.pdf

Am I missing something - surely if it's outside the boundary (and in this case given it's the far side of the A30 then it is) then how is it relevant to HAL ByeLaws ? Or am I reading the map (or guidance) wrong ?

I think you're missing the point.

The fact that it is outside the area covered by airport byelaws means that it is possible for the parking company to use POFA to  try and transfer any driver's liability to the keeper. In other words, it is 'relevant land' as far as POFA is concerned.

Had the incident occurred on land covered by byelaws, then that land would be what POFA defines as 'not relevant land' and in that case it would not be possible to use POFA to transfer any driver's liability to the vehicle's keeper.

Coupon-mad

Not that it matters.  They won't be paying, as I explained to the OP above.  ECP can currently be ignored.

disco_baloo

just received the letter - ECP have just filed a CC claim. So not true that they don't file any more. 

Coupon-mad

disco_baloo said:

just received the letter - ECP have just filed a CC claim. So not true that they don't file any more. 

But we know that.  Hundreds of exact same boilerplate rubbish ECP / DCB Legal court claims on here in 2024.

Easy to see off.  Read a few 2024 threads, not 2023 ones.  You won't even have a hearing and won't pay a penny.

Please start a new thread of your own showing a REDACTED pic of the Particulars of Claim only.

fivestarsamz

UPDATE:
So the county court claim form has come through.
Issue date: 06/02/25
I did the AOS yesterday (yes, one day earlier than the 5 days space to be served - I didn't read that bit until after I did it)
Claimant EURO CAR PARKS
Represented by DCB Legal Ltd

Now I am writing up my defence. Of course, I will be using the template here by the very generous @Coupon-mad

I will also continue to research existing posts similar to my case. But if anyone has any pointers on what I can write in my defence, it would be much appreciated.