Euro CarParks Amazing Rejection of Appeal

D_P_Dance

If they were daft enough to take this to court they would, imo, struggle mightely

pustit

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."

"Incidentally, I was asked when the event happened - it was 2nd Nov 24."
 a bit confusing.  5 days ago or 5 weeks ago?
Also on your OP you type !0 days later you received the PCN

courtenay62

Sorry, silly mistake, it was 2nd Oct 24.
And 10 days later... 

1505grandad

"... it was 2nd Oct 24."

Still covered:-

"1st October 2024                     All aspects of the Code must be complied with except signage or other related clauses                                                    applicable to existing sites"

Johnersh

Your claim for personal injuries should include any related disbursements to include care provided by your partner, mileage and, yes, if applicable, their own parking charge....

ECP won't be the landowner, but in many cases they have a contractual responsibility to maintain the car park.

courtenay62

I am getting the jitters about going down the not paying route and waiting for a Court summons.

 I haven’t yet pressed the “Withdraw Appeal”button in my POPLA appeal as advised by Coupon-mad.   I raised the point earlier that POPLA’s own website shows this example of common grounds for appealing:

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

 I had a medical emergency so why would they also reject my Appeal?

 What is the downside of having a POPLA appeal rejected?  Is it just that I’d be committed to pay the full parking charge notice (PCN) of £120?

 And a 2nd question on the POPLA process – using their tracking my Appeal is at Stage 1 ‘Received’ (asking the operator to provide information).  Can I ‘Withdraw’ my appeal at any stage in the process; there are still three more Stages to go (In Progress, Pending, Pending)?  Google suggests the process might take 5-6 weeks, so presumably I could wait for a few weeks before withdrawing, which would at least hopefully give time for me to receive a reply from the landowner?

 Also, ECP’s letter of rejection simply repeated what I’m not disputing, that I overstayed my authorised time by 5 hours.  I would be happy to pay for the full 6 hours (about £8), but there seems to be no way of contacting ECP to make the offer – is that right?

 Incidentally, and just to clear up one point, my accident and injury did not happen at the ECP car park; I was returning to the car park at the time.

fisherjim

Look you are dealing with a money making scam, the mitigation approach at the first stage appeal is totally left to the operators discretion whatever their ATA's COP states a Code of Practice is a list of guidelines it isn't a regulation, and PPC's are only interested in money so they template reject 99% of appeals.

You were advised not to bother with POPLA as they find any way to side with their paymasters, and the PPC is unlikely to accept a landowner request for cancellation after they have paid the POPLA fee.

It's up to you if you want to try POPLA of course, whatever the outcome it's not binding on you, but why on earth would you consider paying a scam charge in these circumstances?

Gr1pr

You definitely will NOT receive a court SUMMONS, impossible because its not a criminal matter !
What you mean is a Civil Court claim, same as all the other victims who receive one 

The full parking charge would be £100, not £120 , so yes they will state that the default daily tariff of £100 would be due. ( But its not binding on you. )

You may not get Popla answers about procedures on here, few if any of the members here are privy to the internal processes at Popla. If coupon mad says its possible, then nobody here is going to doubt her statements.

The £8 charge to park   ( or any contractual offer. ) is never available after the fact, the signs state that any breach of the parking contract attracts a figure, usually its £100 , but may be less. You have zero chance of an £8 offer being accepted by anyone , so even if you did make the offer by email or by letter it will be rejected ( there are always methods of contacting the claimant parking companies )

LDast

OP, you need to stop overthinking this. You can have a go at POPLA. for what it's worth but don't be supposed by a rejection. It has absolutely no bearing on anything going forwards. There is zero obligation to pay a penny of POPLA fails.

Assuming that POPLA side with ECP this is what ia going to happen, unless you bottle it and cave in... A claim will be issued. You simply defend the claim with the template defence. It really doesn't Mayer what you put in the defence. It could be a nursery rhyme for all anyone cares. Once the claim is defended, you go through a couple of procedural hoops and voila! The claim is discontinued after several months.

The modus operandi is for ECP to use useless debt collectors to try and scare the low-hanging fruit on the gullible tree to capitulate into paying out ignorance and fear. They maintain this right up to the time they are required to pay the trial fee and then decide that you are not such low-hanging fruit after all and off they go in search of more gullible prey. There are hundreds of thousands out there who are easily plucked.

Consider this, they go through this process as a loss leader. It may cost them £40-£50 to go through the motions but when somewhere in the region of 1 in 100 make it here for the advice, the other 99 are much more profitable.

courtenay62

To the 3 posters above - thank you, quite eye opening!  But to be clear, are you saying that IF my POPLA appeal IS successful it's still not guaranteed that ECP will waive the Charge Notice?  I thought I'd read it was . . .

If the view is that the POPLA appeal is or might be detrimental to me then I will definitely withdraw it.  I'm only saying that IF they accepted my appeal, and it was binding on ECP, then I wouldn't have to worry about any Civil Court claim - at my age that is important to me.