Successful Appeal - PCS - PCN on behalf of Euro Car Parks

Hockey27

Hi All

Occasional lurker since appealing a parking charge a few years back with the help of this forum, also managed to assist 2 friends with theirs as a result of the information provided by everyone, all successful appeals!

Have avoided receiving any PCN's since but had one drop through the door last week. Did the research on the site first, bit of google earth, then got the driver to check signs etc and spoke to them about the situation. Based on this was definitely going to appeal as the signs were not clear nor placed in accordance with guidelines.

Started the process of with a slightly modified template from the newbies thread (below), then started preparing an appeal.

For the avoidance of doubt, as the registered keeper of this vehicle I dispute this so called ‘parking charge”. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to the 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 a complete explanation of the allegation and all of your supporting evidence. I require you to include close up photographic evidence of the sign you contend was at the location on the material date, as well as images of the vehicle in question. 

If the allegation involves an alleged overstay, your evidence must include the grace period agreed by the landowner, as well as entry & exit times of the vehicle



Appeal summary was that the site allowed authorised visitors for a max stay of 1 hour, the driver was onsite for approx 28 minutes unloading some equipment before moving to a car park round the corner. Although no reason was given for cancellation I would presume it's because of this. Pretty poor and shows once again the predatory nature of these companies to bother me with an unwarranted PCN wasting my time!

As the appeal was successful no need to go further, but some points to challenge on for future reference…

Signage (Pic 1)

• Signage at entrance was out of drivers eyeline, unclear and surrounded by other confusing signage.
• Signs were not viewable from all areas/ spaces of the car park
• Signs were not visible from spaces. (No marked bays present)
• Signs failed the test of large lettering with reference to the Beavis case
• Signs are unclear regarding visitor obligations, 1 hour, register details with unit.. for what, visiting to? If so taxi's etc would be caught up
• Sign references monitoring of Entry and Exit times

Moving on to the PCN itself (Pic 2) - Apologies for some pencil marks, my 5 yr old is learning to read and was marking up the words 😂

• Time of issue appears to be wrong as the driver was NOT there at 0231 in the morning!
• Despite referencing a 'period of parking' in the PCN, and the sign mentioning both Entry & Exit times only an entry time is provided - I believe this is key to POFA?

Anyway, chalk up another win against the chancers. All the best!

1505grandad

Three entities shown via the sign and doc. - ECP, Obsidian Pumping Station LLP and PESS.

GrannyKate

Is that address right - Heither Green caught my eye as I have only heard of Hither Green over near Lewisham. Only car park I could find with that postcode looks completely different and picture showing signage looks like Pump Ally - nearby but different postcode. Not relevant now I realise.

Car1980

Just goes to show that going in aggressive can scare off them off.

If you stop thinking "appeal" and start thinking "fck off" you can beat them.

Coupon-mad

"If you stop thinking "appeal" and start thinking "fck off" you can beat them."

Well said. 😄

Hockey27

https://forums.moneysavingexpert.com/discussion/comment/81940028#Comment_81940028

Interesting, tbh I didn't even look it up. I knew the driver was heading to the postcode area that day and just presumed!

Hockey27

You would like to think that they will have seen plenty of 'Coupon Mads' template by now and realised that resistance is futile 😂

Castle

https://forums.moneysavingexpert.com/discussion/comment/81939974#Comment_81939974

According to Companies House, Obsidian Pumping Station LLP (OC326370), was dissolved in November 2017.

I would suggest the OP contact DVLA and find out who has obtained their details.

Hockey27

https://forums.moneysavingexpert.com/discussion/comment/81940630#Comment_81940630

Think I might just do that. I'm ok now but a quick email might help someone out in future!

Standard SARS to the DVLA with a date range?

Umkomaas

https://forums.moneysavingexpert.com/discussion/comment/81940738#Comment_81940738

This is a bit of standard advice I give on this ….

You should email the DVLA and ask which organisations (when and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date(s) of the parking incident(s). You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident. 

SubjectAccess.Requests@dvla.gov.uk

This service is free of charge. 

Even though you email your request, the DVLA will respond via Royal Mail