Euro CarParks Amazing Rejection of Appeal

courtenay62

5 weeks ago I'd parked in a Cheltenham Euro Car Park for an hour; I had a legitimate ticket correctly displayed.  As I was returning to collect my car (with about 15 minutes to go) I was crossing a minor turning and didn't notice a  fixed object projecting form the road surface (later established to be a sawn off telescopic bollard).  I tripped on the object and fell forward heavily onto the road. I was quite seriously injured, with multiple lacerations to both hands, bruising and grazes to face and what I thought might be rib and wrist fractures.  I managed to call my wife to come and help, then managed to get to a nearby M&S loading bay where the very helpful M&S first aid team patched me up before my wife took me to A&E.  I was admitted and spent 5 hours having many procedures before I was discharged.

!0 days later I received a Euro Car Parks Parking charge of £120 (£60 if paid within 28 days).  Naturally I appealed on the grounds of a medical emergency. The appeal also contained 2 documents; firstly the hospital Discharge Document (which gave the all important arrival and discharge times), and also a letter kindly provided by the M&S First Aid team leader corroborating the incident with times and photos of my injuries.  It clearly was impossible for me to collect my car by the expiry of the 1 hour ticket because of this accident and the 5 hours spent in A&E.  When I was finally discharged I was able to remove my car from the car park.

2 weeks later I received the Euro Car Parks letter saying "Having carefully considered the evidence provided by you we have decided to reject your appeal!"  Their reasons were simply  because I'd overstayed the time allowed.  I find this rejection beyond belief. I can only assume that Euro Car Parks reject ALL the appeals, regardless of the circumstances.  Has anyone had similar experiences, or indeed had an appeal accepted?

I have subsequently appealed to POPLA.  If they reject it there's simply no justice.

Gr1pr

Follow plan A ASAP from the newbies sticky thread in announcements 

Meaning, complain about the PCN to the managing agent or landowner of that private property, if ever there was a good reason to complain about it and threaten legal action regarding the hazard or whatever too 

ECP are probably not responsible for the accident but are employed by the managing agent or landowner to enforce the parking rules, including overstays, so are doing their job, regardless of the mitigating circumstances , Popla cannot consider mitigation, so will probably state that the PCN was correctly issued, the overstay was incurred ( even if they sympathise with you. )

So complain to the organ grinder, not the dancing monkey 

Also, had a trip or fall. ?  where there's blame there's a claim, injury lawyers 4 I or similar. 😜

Half_way

  I find this rejection beyond belief.

I dont, the parking companies, their employees and supporters are pure scum and just want your money.

Whose car park was this and where?

LDast

No one pays ECP. Unless the landowner gets this cancelled for you, this will go all the way to a county court claim which you will defend with the template defence and they will eventually discontinue. It's a well trodden path.

You mitigation will fall on deaf ears. According to the vermin, there was a contract and you breached it. Mitigation is not a factor. Get on with your life and come back if Plan A does not work and you get a claim.

1505grandad

"5 weeks ago I'd parked in a Cheltenham Euro Car Park for an hour;....."

What was the actual date of the parking event?

Coupon-mad

courtenay62 said:

I have subsequently appealed to POPLA.  If they reject it there's simply no justice.

Big mistake. I wish you hadn't. Do not do POPLA.  You will lose AND it jeopardises landowner cancellation.

Withdraw the POPLA appeal.

Instead complain to the landowners.

courtenay62

Thank you for your helpful comments. 

But I'm completely baffled about where to find Plan A in the newbies stickies announcements. PLEASE could someone give me a link or good directions.

And just to add some further comments.  I must be very naive to have believed that ECP would accept my argument of a "medical emergency", despite it being shown on their webpage as an example of what one could use!

Indeed POPLA also show this on their webpage common grounds for appealing, including: 

• Evidence of a medical emergency that prevented you from keeping to the parking conditions

Nevertheless, if the consensus is that I'm unlikely to get any joy through POPLA then I will withdraw my Appeal and go down the Plan A route . . . when I can find it !!
Incidentally, I was asked when the event happened - it was 2nd Nov 24.

fisherjim

@Gr1pr has explained exactly what Plan A is it's quite simple you don't actually need it explaining any more than that but for reference:

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou#latest

Euro employ people in an office to shuffle template rejection letters, all PPC's do the same they do not manage car parks they send out invoices at every opportunity, and pick a suitable rejection letter to match the case as near as they can be bothered.

The only aim is to make as much money as possible upholding appeals doesn't do that.

If plan A doesn't work a judge in the SCC should they dare to go all the way, which I doubt would be the place to get a fair hearing, not a Kangaroo court.

1505grandad

"Incidentally, I was asked when the event happened - it was 2nd Nov 24."

Then the event is covered the latest unregulated CoP (soon to be replaced by a proper regulated PPCoP by the Government):-

https://www.britishparking.co.uk/write/Documents/AOS/NEW Redesigned Documents/sectorsingleCodeofPractice.pdf

"Annex F
Appeals Charter....
"

Parking operators should consider the spirit of the Appeals Charter when deciding appeals. For example, where there is clear evidence of illness or emergency this should be taken into account when deciding whether to uphold the appeal, offer a reduced settlement or cancel the parking charge."

courtenay62

1505grandad
Thank you!  That would exactly cover my circumstances.  I wonder how or when I should invoke or refer to this Code of Practice.  Have you any suggestions, perhaps wait to see what happens?  I have sent a complaint to who I believe is the landowner of the ECP car park, although there is some doubt that Cheltenham BC might have sold the land to a developer....
I also intend to cancel my appeal to POPLA based on the advice above.

Coupon-mad

1505grandad said:

"Incidentally, I was asked when the event happened - it was 2nd Nov 24."

Then the event is covered the latest unregulated CoP (soon to be replaced by a proper regulated PPCoP by the Government):-

https://www.britishparking.co.uk/write/Documents/AOS/NEW Redesigned Documents/sectorsingleCodeofPractice.pdf

"Annex F
Appeals Charter....
"

Parking operators should consider the spirit of the Appeals Charter when deciding appeals. For example, where there is clear evidence of illness or emergency this should be taken into account when deciding whether to uphold the appeal, offer a reduced settlement or cancel the parking charge."

Utter wishy washy rubbish, innit?

"should consider"

"should be taken into account".

Means nothing at all.