Euro Car Parks - Pure Gym - Chelmsford

Kazaa

Hi All,

Im a member of Pure Gym and for some reason on a particular day the keypad did not register my number plate and now i have received a "Final Notification Letter". I would appeal to them to say im a member of the gym but i don't think they care also im not sure if i can use POFA. Any suggestions on the next steps. 

Images of letter below :

https://imgur.com/a/tiz6J2o

Coupon-mad

Can't see the letter but ignore it and come back if they try a court claim.

Tell them if you move house of course because you CANNOT risk leaving any aggressive litigious eejit with an old address!

Apart from that: it's dead easy to defend. No risk. Read the 4th then the 2nd posts of the NEWBIES thread, in that order.

lisyloo

I would suggest not saying you're a member of the gym as that implies you are the driver and that's information you should not pass on.

Kazaa

Thats good point, but i need to appeal to get a popla appeal right? Ill read the two posts in the Newbies thread

Coupon-mad

Yes if you want to appeal rather than ignore.

I would appeal to them to say im a member of the gym but i don't think they care 

I think you should. Don't use a template appeal.  Attach proof of being a gym member and tell them to check other days because you always input your VRM. The keypad must have failed.


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P.S. it is astonishing and a farce that PPC World managed to slide this (and EVERY additional 'breach' reason that they invented that don't already appear in council PCNs) past the DLUHC all at higher rate!

This breach in particular is clearly NOT a higher rate contravention in a million years, but ALL the new 'private parking specific' ones were just shipped in at Higher Rate by the APAs with no questions asked in any Consultation!

To compound that error, the DLUHC also failed to add any safety net exemption for people who dispute the matter and show they are/were 'genuine patrons' who were caught out by a hidden or flaky keypad system.

If it stays like this (a clear error) with the new MHCLG reviving the Code, then I predict keypads will pop up at pretty much every site where they can get away with it, even supermarkets, retail parks snd residential car parks.

Everyone will be expected to jump through hoops to 'exempt' their vehicle on a keypad in order to park anywhere and Kerchiiiing!!!! £100 higher rate PCNs will be issued like confetti, with no requirement on PPCs to cancel any when genuine patrons appeal/dispute them.

Kazaa

Ok will try that appeal

Kazaa

Im trying another approach and have sent the following appeal to ECP lets see. 

I have received you final Notification Letter dated 14/03/2025 regarding PCN xxxxxx

I do not recall receiving any prior correspondence regarding this matter. Before I can consider my position, I request the following:

1. A copy of the original Notice to Keeper (NTK), including full details of the alleged contravention.

2. A full breakdown of the alleged breach

3. Any ANPR logs or photographic evidence supporting the claim.

4. Proof that Euro Car Parks has contractual authority to issue and enforce charge at this location.

Please consider this a formal request for information under the BPA Code of Practice. I expect a full response before any further action is taken.

If I do not receive the requested documents, I will consider the matter closed due to lack of evidence.

Thanks

Kazaa

So i did received a resposne from them with the original NTK :-

https://imgur.com/a/vWEOZZA

Im in process of drafting an appeal and will post it here shortly

Kazaa

I am writing to formally challenge Parking Charge Notice xxxx , as the registered keeper.

After reviewing your Notice to Keeper (NTK), I find that it does not comply with the requirements of POFA in the following ways:

1. Failure to Fully Comply with Schedule 4, Paragraph 9 of POFA 2012

   • The NTK must explicitly state that the keeper can only be held liable if the requirements of POFA are met in full. Your NTK does not do this adequately.

2. Wording Regarding Driver Liability

   • The NTK suggests that the keeper must name the driver, yet under POFA there is no obligation for the keeper to do so. This omission misrepresents my legal position.

Since the NTK does not meet the statutory conditions of POFA, Euro Car Parks has no legal right to transfer liability to me as the registered keeper. As a result, I request that this Parking Charge Notice be cancelled immediately.

Should you choose to reject this appeal, I request that you provide a POFA-compliant explanation detailing exactly how your NTK satisfies every provision of Schedule 4, including evidence of proper service. I also request a POPLA appeal code, so I may escalate this matter.

Failure to address these points will result in a complaint to the British Parking Association (BPA) and the Information Commissioner’s Office (ICO) for misrepresentation of liability and improper handling of personal data.

I look forward to your response confirming cancellation of the charge.

Kazaa

At this stage instead of highlighting certain POFA points of law ive put the onus on them. Lets see what happens.

Kazaa

So they rejected my appeal however came with the following points and now i will be going to POPLA 

• The Protection of Freedoms Act (PoFA) does not alter the principle of driver liability. What

it does do, is to allow proceedings against the registered keeper for unpaid parking charges

when the landowner or their agent, the parking operator does not know who the driver was at

the time.

• The creditor/operator must follow the procedures set out in PoFA Schedule 4 to achieve the

benefits of keeper liability.

• With further reference to your GDPR request I have dully passed to our Data Protection

Manager who will respond in due course.

The parking charge notice has been issued correctly and remains payable.

I will draft an appeal for POPLA shortly.