PCN - euro car parks

Gr1pr

There is no template, just popla appeals written previously by victims like you, each one is bespoke, but the newbies FAQ sticky thread in announcements by coupon mad lists a few topics to include 

You must use or adapt what you find for your own bespoke Popla appeal

Umkomaas

POPLA Decisions, starting on page 416. There you will find some ECP decisions found in favour of the motorist on the basis of the £100 charge not being prominently shown on the signage. That's one of your key points to make in your POPLA submission, so please have a read of them and their linked threads which might contain the full successful appeal, some of which you might be able to use.  But, the NEWBIES FAQ Announcement, third post, has near-ready-to-use appeal sections to help you form the basis for your own. 

This is a standard checklist, as often posted by forum stalwart @Fruitcake.  Key points to include in any POPLA appeal:

1) Non-PoFA compliant NTK/NTH (if appropriate)
2) Not the driver/not the person who may be liable for the charge (if non-PoFA)
3) Not the landowner/ No landowner contract
4) No standing to issue charges in their own name
5) Inadequate signage

6) BPA CoP failures (if appropriate)

Coupon-mad

Yep as you say, the NEWBIES FAQ Announcement, third post (ALL ABOUT POPLA), has near-ready-to-use appeal templates to help posters form the basis for their own. 

quirky1

Umkomaas said:

POPLA Decisions, starting on page 416. There you will find some ECP decisions found in favour of the motorist on the basis of the £100 charge not being prominently shown on the signage. That's one of your key points to make in your POPLA submission, so please have a read of them and their linked threads which might contain the full successful appeal, some of which you might be able to use.  But, the NEWBIES FAQ Announcement, third post, has near-ready-to-use appeal sections to help you form the basis for your own. 

This is a standard checklist, as often posted by forum stalwart @Fruitcake.  Key points to include in any POPLA appeal:

1) Non-PoFA compliant NTK/NTH (if appropriate)
2) Not the driver/not the person who may be liable for the charge (if non-PoFA)
3) Not the landowner/ No landowner contractIve scoured the
4) No standing to issue charges in their own name
5) Inadequate signage

6) BPA CoP failures (if appropriate)

It is not clear to me if ECP and how/if Non-PoFA or NTK/NTH pertains to ECP?

Of ir non-PoFA applies either

I cannot fathom what I am including here, I have looked through the advice, as indicated by several people here, but am none the wiser on what I am including in what appears to me to be a "standard" case - this is a retail park, staying over the "alloted" time

thanks for the help.

quirky1

quirky1 said:

Umkomaas said:

POPLA Decisions, starting on page 416. There you will find some ECP decisions found in favour of the motorist on the basis of the £100 charge not being prominently shown on the signage. That's one of your key points to make in your POPLA submission, so please have a read of them and their linked threads which might contain the full successful appeal, some of which you might be able to use.  But, the NEWBIES FAQ Announcement, third post, has near-ready-to-use appeal sections to help you form the basis for your own. 

This is a standard checklist, as often posted by forum stalwart @Fruitcake.  Key points to include in any POPLA appeal:

1) Non-PoFA compliant NTK/NTH (if appropriate)
2) Not the driver/not the person who may be liable for the charge (if non-PoFA)
3) Not the landowner/ No landowner contractIve scoured the
4) No standing to issue charges in their own name
5) Inadequate signage

6) BPA CoP failures (if appropriate)

It is not clear to me if ECP and how/if Non-PoFA or NTK/NTH pertains to ECP?

Of ir non-PoFA applies either

I cannot fathom what I am including here, I have looked through the advice, as indicated by several people here, but am none the wiser on what I am including in what appears to me to be a "standard" case - this is a retail park, staying over the "alloted" time

thanks for the help.

Looking for help here.

I attached the sign.

Fruitcake

Have you checked the NTK to see if it is or isn't PoFA compliant? You need to compare the dates and wording with that of the PoFA, which is quite a short Act.
If you are unsure then post both sides of your NTK here for checking. Make sure you redact all personal information including OCN number and VRM, but leave all dates showing.

As for the sign, the £100 charge is not prominent. I suggest you take photos of signs from a car length away and see if the charge leaps out at you, or instead gets lost in the background. Blue on yellow does not stand out to me.

How long  over the permitted period was the vehicle on site? Note that ANPR scameras are not fir for purpose because amongst other things they do not record time parked, only time on site. Driving around looking/waiting for a space, driving out, getting stuck due to heavy traffic etcetera is not parking. You should put the PPC to strict proof that the vehicle was parked for longer than the prescribed time, plus grace period, as opposed to being on site in excess of that time.

quirky1

Fruitcake said:

Have you checked the NTK to see if it is or isn't PoFA compliant? You need to compare the dates and wording with that of the PoFA, which is quite a short Act.
If you are unsure then post both sides of your NTK here for checking. Make sure you redact all personal information including OCN number and VRM, but leave all dates showing.

As for the sign, the £100 charge is not prominent. I suggest you take photos of signs from a car length away and see if the charge leaps out at you, or instead gets lost in the background. Blue on yellow does not stand out to me.

How long  over the permitted period was the vehicle on site? Note that ANPR scameras are not fir for purpose because amongst other things they do not record time parked, only time on site. Driving around looking/waiting for a space, driving out, getting stuck due to heavy traffic etcetera is not parking. You should put the PPC to strict proof that the vehicle was parked for longer than the prescribed time, plus grace period, as opposed to being on site in excess of that time.

Thanks for your help.

It is ECP and have looked at the NTK(sent to me by email) but can't ascertain if its Pofa complient (2012 act?)

I will take photos of the signs.

The over permitted time was 37 mins.

Coupon-mad

quirky1 said:

Fruitcake said:

Have you checked the NTK to see if it is or isn't PoFA compliant? You need to compare the dates and wording with that of the PoFA, which is quite a short Act.
If you are unsure then post both sides of your NTK here for checking. Make sure you redact all personal information including OCN number and VRM, but leave all dates showing.

As for the sign, the £100 charge is not prominent. I suggest you take photos of signs from a car length away and see if the charge leaps out at you, or instead gets lost in the background. Blue on yellow does not stand out to me.

How long  over the permitted period was the vehicle on site? Note that ANPR scameras are not fir for purpose because amongst other things they do not record time parked, only time on site. Driving around looking/waiting for a space, driving out, getting stuck due to heavy traffic etcetera is not parking. You should put the PPC to strict proof that the vehicle was parked for longer than the prescribed time, plus grace period, as opposed to being on site in excess of that time.

Thanks for your help.

It is ECP and have looked at the NTK(sent to me by email) but can't ascertain if its Pofa complient (2012 act?).

Yes you can.  The NEWBIES thread includes a link to my NTK pictures thread. 

quirky1

Coupon-mad said:

quirky1 said:

Fruitcake said:

Have you checked the NTK to see if it is or isn't PoFA compliant? You need to compare the dates and wording with that of the PoFA, which is quite a short Act.
If you are unsure then post both sides of your NTK here for checking. Make sure you redact all personal information including OCN number and VRM, but leave all dates showing.

As for the sign, the £100 charge is not prominent. I suggest you take photos of signs from a car length away and see if the charge leaps out at you, or instead gets lost in the background. Blue on yellow does not stand out to me.

How long  over the permitted period was the vehicle on site? Note that ANPR scameras are not fir for purpose because amongst other things they do not record time parked, only time on site. Driving around looking/waiting for a space, driving out, getting stuck due to heavy traffic etcetera is not parking. You should put the PPC to strict proof that the vehicle was parked for longer than the prescribed time, plus grace period, as opposed to being on site in excess of that time.

Thanks for your help.

It is ECP and have looked at the NTK(sent to me by email) but can't ascertain if its Pofa complient (2012 act?).

Yes you can.  The NEWBIES thread includes a link to my NTK pictures thread. 

I've perused this - i tseems that you have said here that ECP are not Pofa compliant given this was Nov 2023?

Does that mean between Nov and now it could be?

As I say the NTK was by email - there is no mention, like in the picture example here of a mention of Pofa.

https://forums.moneysavingexpert.com/discussion/comment/80384465/#Comment_80384465

Aside from this, I've perused threads but it is not clear to me what, at this point, I am providing to to Popla.

thanks

fisherjim

Have you not "perused" Fruitcake's post above, there are some very helpful statements in it which you seem to be ignoring!