Eurocarparks PCN ANPR image non compliant?

primaruperra

I've received a PCN from Euro carparks Browncross St, Manchester. The ANPR images on it are really poor-the one labelled 'entry time' just shows a completely blacked out box (no image or numberplate visible) and the 'exit time' image is just a very close up of the car numberplate on a solid black background, Is this compliant or could i appeal on the grounds that they have no proof it  is the alleged vehicle as no image or number plate visible on the 'entry time' image? I'm a newbie and cant seem to upload images at present so any help appreciated, thank you!

Coupon-mad

You can certainly try that at POPLA stage. You won't be paying anyway, even if that appeal loses.

POPLA also look at the signs. Is the £100 in large letters? Got a picture?

Nobody has to upload anything. Just show a picture using the picture icon and obviously add some words to make it a text reply. 

primaruperra

The signage which is facing inwards towards carpark 

Coupon-mad

Obviously just ignore them. This is all over the forum. Read some threads.

There's no risk as long as you tell them if you move house. Check every letter. Don't show us the daft £170 threatograms (thanks!).

Sit tight.

Come back here if ever they try court within the 6 year limitation period. That is all. 

primaruperra

Thanks, Eurocarparks have emailed me this morning to say they have rejected my appeal to them and I can appeal to POPLA. Could you direct me to a suitable POPLA appeal on the site please. Appreciate your help 

Umkomaas

primaruperra said:

Thanks, Eurocarparks have emailed me this morning to say they have rejected my appeal to them and I can appeal to POPLA. Could you direct me to a suitable POPLA appeal on the site please. Appreciate your help 

The £100 on the sign is in minuscule text and so it doesn't meet the clarity & prominence required as per the Beavis case and the Consumer Rights Act 2015 (fairness test for terms & notices) - credit @Coupon-mad for the wording of this paragraph.

Please read from page 416 of the POPLA Decisions Announcement (pinned near the top of the forum thread index) where you will find a number of POPLA decisions going against ECP on this very point. Reading the linked original threads might also help. 

https://forums.moneysavingexpert.com/discussion/4488337/popla-decisions/p416

Coupon-mad

Coupon-mad said:

Obviously just ignore them. This is all over the forum. Read some threads.

There's no risk as long as you tell them if you move house. Check every letter. Don't show us the daft £170 threatograms (thanks!).

Sit tight.

Come back here if ever they try court within the 6 year limitation period. That is all. 

As above. I was very serious.

No idea why you are trying POPLA?

primaruperra

I assumed I had to show I’ve engaged to try to resolve the matter and have seen lots of threads suggesting not to ignore? If it is successful at POPLA stage Eurocarparks will surely drop the matter? Just needing guidance and help based on how successful I’m likely to be based on the pictures I’ve uploaded so far? 

Coupon-mad

You won't win at POPLA.

primaruperra

Any reason why you don’t think I can win at POPLA? 

I was going to raise the following points:
-signage is confusing & £100 is is small letters
-NTK images are non compliant(the entry one is just a blacked out box, no image or number plate shown)
-request proof of contract between Eurocarparks & landowner 
There has been no admission of who the driver was

Coupon-mad

None of those are likely to win but you never know. Doesn't hurt.