PCN RECEIVED BUT I PAID & DISPLAYED MY TICKET

Amorymar

Morning. I have received a PCN from Euro Car Parks on private land, Church Street, Maidstone, Kent.  They use cameras to record when you enter and leave, not considering that you must wait for a parking space, etc.  The photo and time of entry are at 11:22:21, and the exit is 13:33:51. I purchased a ticket for £2.20 (for 2hrs)  at 11:26. Do I appeal via their website, and if not successful, then go through POPLA? 
Thank you in advance for any advice given 

fisherjim

Yes you are being scammed by their usual tricks, read the newbies thread and follow the process.

You had a consideration period and a grace period all set out in their Joint BPA/IPC COP; 5mins consideration and 10 mins grace period, all explained on p34-35:

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

Use the blue appeal set out in the newbies then see the dimwits off at POPLA so it costs them money.

Typical non conforming signage too:

Amorymar

thank you for your help.  Am I correct in saying that this is what I submit to euro car parks?


Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

Coupon-mad

If you like. No need to check our templates on threads please.

It won't actually work but POPLA might or might not. The Joint Code actually doesn't give people who 'stay & pay' both a consideration AND a grace period because they are a bunch of cowboys who re-wrote the Government's intended code of practice (which THE INDUSTRY blocked) and removed that protection.

Best to get pics of a lack of signage over the next couple of weeks ready for a punt at (non independent, BPA funded) POPLA if you want to bother. 

Not that you'd pay when you lose. Read a few more threads. You can just ignore and await a court claim, as long as you don't do something like move house and fail to tell them.

Defending a claim is ten times EASIER than POPLA is and is zero risk and 99% win likely.

Amorymar

Sorry, I'm confused now.  I have read through the newbie thread and understood it to be the blue appeal that I needed to submit

Coupon-mad

Yes but please don't post it here asking. We deal with a hundred posts a day and we don't need or want to check it.

I didn't say anything new or different. I merely said you may or may not win at POPLA stage because the scam industry re-wrote the rules. This is normal. Nothing that needs any real discussion at an early stage.

Amorymar

Apologies, just wanted to make sure I was doing things correctly

Amorymar

Hi, I received this reply today. The reason they have rejected is because they’re saying that I stayed longer but they’re not taking into account the time I had to wait until a space became available. I entered at 11:22 but ticket was purchased at 11:26. Do I appeal to POPLA & explain the reasons given? 

KittenChops

Just chipping in to say that I know that car park - especially on a weekend, there are always cars queuing for ages, waiting for a space - and this hasn't changed over several years
You'd think the operators would know that, right?
(nice little earner)

Coupon-mad

Amorymar said:

Hi, I received this reply today. The reason they have rejected is because they’re saying that I stayed longer but they’re not taking into account the time I had to wait until a space became available. I entered at 11:22 but ticket was purchased at 11:26. Do I appeal to POPLA & explain the reasons given? 

Yes and go to town on the time taken to find a space and point out that the BPA's 10 minute grace period is a minimum not a maximum, so if POPLA is of the view (as they are) that £100 is 'in the region' of the £85 charge in the Beavis case then they can extend the exact same rationale to the fact that 11 minutes is 'in the region of' and fits within the purpose of the "minimum ten minute grace period" clause and perfectly reasonable in the circumstances of a car park plagued by queues at weekends. Which the operator knows because they have the exact daily vehicle numbers and they are put to strict proof that it was not busy that day.

Castle

Your personal details are still visible on the last Euro Car Parks letter.