Euro Car Parks appeal rejected - do I need to pay?

jraf

I submitted the below appeal which was recently rejected.  Do I need to pay or do I stand a good chance with a POPLA appeal?


The grounds of rejection in ECP's letter to me is as below:

After carefully reviewing the information you provided, Euro Car Parks (ECP) have decided to rejectyour appeal for the following reasons:• The Site is operated by an Automatic Number Plate Recognition (ANPR) system. ANPRcameras have captured an image of the vehicle registration mark XXX XXX entering andleaving The Site and calculated the duration of stay.• Parking at The Site is limited to 120 minutes. Your vehicle entered at 15:16:25 and exited at17:53:23 therefore was parked longer than the maximum period allowed.• Signage located throughout The Site clearly details the terms and conditions. On entry toprivate land, it is the responsibility of the driver to ensure all terms and conditions as detailedon the signage are adhered to.• Euro Car Parks do not need to provide evidence of who was driving the vehicle, it is theregistered keeper’s responsibility to inform of the full name and address within 28 daysbeginning with the day after the notice was given. If the full amount remains unpaid, underSchedule 4 of the Protection of Freedoms Act 2012 (‘the Act’), Euro Car Parks have the rightsubject of the Act to recover from the keeper of the vehicle at the time it was parked so muchof that amount which remains unpaid.

Original appeal wording: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

Of course you don't pay. Why do you think it's a choice between POPLA and paying?

Have you missed the fact that we always see these cases discontinued if people simply await the Claim Form and defend.

prowla

The "appeal"s pretty much always fail; you are asking a scammer to be nice to you and they're never going to say yes.

jraf

Thank you both, in this case what would you recommend as solid grounds for the POPLA appeal?

Gr1pr

Poor signage and no landowner could be used, but don't expect a win at popla

Plan A in the newbies sticky thread in announcements near the top of the forum by coupon mad,  2nd post ,  is your best option here

Edit your thread opening post to obscure your VRM details too

Car1980

Euro Car Parks don't allow appeals, as none of them do. But even if they wanted to you didn't actually put forward any grounds as an appellant other than "prove it".

Popla runs the same system, so don't bother with that.

Things change at county court where you are no longer an appellant and the claimant DOES have to prove all their allegations.

So just wait for that. Although, as has been mentioned, Euro use a bulk litigator who always discontinues these cases just before they have to prove their allegations. 

jraf

Thank you....

So I need to go through POPLA, then the case will get discontinued?

Car1980

No. Ignore the Popla option, do nothing and ignore the debt collection letters you will receive over the next few months.

Wait for a county court form and come back here if you receive one. That will be next year.

Coupon-mad

jraf said:

Thank you....

So I need to go through POPLA, then the case will get discontinued?

No.

Everybody here has said don't bother with POPLA as far as I can see! Why do you think you have to try a pointless waste of time industry-set up 'appeals service? Relax.

prowla

Coupon-mad said:

jraf said:

Thank you....

So I need to go through POPLA, then the case will get discontinued?

No.

Everybody here has said don't bother with POPLA as far as I can see! Why do you think you have to try a pointless waste of time industry-set up 'appeals service? Relax.

Wasn't the advice previously to jump through the hoops anyway, if only to show that you have made all reasonable attempts to resolve the issue?

(Not arguing - just looking to clarify current advice.)

Coupon-mad

Either is a valid approach!