Euro Parking Services PCN

OhioSkibidiRizz

I've attached photos of a very recent EPS PCN, it looks POFA compliant to me but have I missed anything? I'll be appealing as keeper simply to extend the 14 days if nothing else as I can't see a way out - it was permit only parking and there was no permit. They've provided plenty of photo evidence online including a close up of the sign that the driver obviously missed. I wouldn't know where to start with complaining to the landowner as it isn't linked to a business that I'm aware of. I would argue that they haven't suffered any loss, however, as the car park is clearly empty. Opinions and advice appreciated.   

fisherjim

The no loss argument went out of the window years ago forget it.

Don't tell them who the driver was, do you think the NTK is compliant with the POFA?

In addition if it was a permit only car park there was no offer to park you were trespassing, no offer to park equals no contract no contract no charge can be made by a two bit parking scammer.

OhioSkibidiRizz

fisherjim said:

The no loss argument went out of the window years ago forget it.

Don't tell them who the driver was, do you think the NTK is compliant with the POFA?

In addition if it was a permit only car park there was no offer to park you were trespassing, no offer to park equals no contract no contract no charge can be made by a two bit parking scammer.

It looks compliant to me which is why I posted here in case I missed anything that made it non-compliant  
That last bit doesn't sound quite right, there must action they can take in instances of trespass?

fisherjim

Really?

https://forums.moneysavingexpert.com/discussion/6483542/a-thread-of-pictures-of-parking-firm-ntks/p1

A Private Parking Company cannot issue a contract to charge you for trespass, that would be down to the actual landowner to deal with not a third party.

But more relevant is the fact that the parking company are trying to claim you entered into a contract with them under which you would pay them for a service.

There needs to be 1- an offer 2 - an acceptance 3 - a consideration.

As they did not offer anything, in fact the terms were forbidding, there can be no contract.

 

OhioSkibidiRizz

I did have a look at the NTK thread and noticed that the wording of mine is slightly different to the 2024 version shown, just wanted more experienced eyes to have a look to be sure

Coupon-mad

OhioSkibidiRizz said:

fisherjim said:

The no loss argument went out of the window years ago forget it.

Don't tell them who the driver was, do you think the NTK is compliant with the POFA?

In addition if it was a permit only car park there was no offer to park you were trespassing, no offer to park equals no contract no contract no charge can be made by a two bit parking scammer.

It looks compliant to me which is why I posted here in case I missed anything that made it non-compliant  

You missed half of Schedule 4 paragraph 9 because the only bit it DOES have is 9(2)f as far as I can see. None of the rest is there!

It is not POFA compliant in wording. Not that it matters and I'm not sure why you are looking at that, because there's no truly fair or impartial independent appeal.

With IPC firms just ignore them because the hole set up is a farce. Sit tight. Tell them if you move house. Come back here if you get a court claim, of course.

NO PAYING.

OhioSkibidiRizz

Thanks, I submitted my appeal this morning and received the rejection within 3 hrs which was a surprise... if it does come to court will the non POFA compliance be enough of a defence?

Coupon-mad

OhioSkibidiRizz said:

Thanks, I submitted my appeal this morning and received the rejection within 3 hrs which was a surprise... if it does come to court will the non POFA compliance be enough of a defence?

But that would be just part of the defence.

Other good points would be the authorities of:

Chan and Akande

PACE v Lengyel

Search the forum if interested to learn!

If not, get in with your life, make sure you open EVERY letter (and tell them if you move house) and we'll be here when you need us at court claim defence stage.