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SUCCESS - EURO CAR PARK PCN - Sainsburys - HELP! - Ticket Cancelled.
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UnicornBlood_2
Posts: 6 Forumite
Hi
I got a PCN from EURO car park working on behalf of Sainsburys in England. Sainsburys being the landowner.
It's a free car park with a maximum stay of 90 minutes. According to the PCN the driver overstayed the maximum time allowed and the pictures show that the car entered around 7:45pm and left 9:56pm.
Looking at possible defences -
It appears to me they have followed POFA for the notice to keeper etc- unless am I missing something? the PCN mentioned POFA and says
"under paragraph 9(2)(b) of schedule 4 of the PFA 2012 that the driver of the vehicle is required to pay this parking charge in full. As we don't know the driver's name or postal address, if you were not the driver at the time, you should tell us the name and current postal address of the driver and pass this notice to them."
goes on to say "you are advised that if after 29 days from the date given (which is presumed to be the second working day after the date issued) the parking charge has not been paid in full and we do not know both the name and the current address of the driver, we have the right to recover any unpaid part of the parking charge from you. This notice is given to you under paragraph 9(2)f of schedule 4 of the POFA 2012 and is subject to our complying with the applicable conditions under Schedule 4 of the Act."
Seems like they are starting to get hot on being POFA Compliant? or is that just a bluff?
Do they need to include an issue time? or does the posted PCN not need this. I think it might just be for the windscreen tickets unless someone tells me otherwise
Should I request to see their contract with Sainsburys to see if there are any clauses which state that they cannot chase money? is this something anyone else has done and had any success with?
Should they have written what the terms of the car park was on the PCN? for eg- the maximum stay was 90 minutes? I personally didn't know how much the driver had overstayed by the letter as it made no mention of the 90 minute limit and just includes pictures of my number plate with the date and time stamp underneath for entering and exiting. I had to research it to find out.
Are any of these defences any good? or is there something else I could use?
Thanks
I got a PCN from EURO car park working on behalf of Sainsburys in England. Sainsburys being the landowner.
It's a free car park with a maximum stay of 90 minutes. According to the PCN the driver overstayed the maximum time allowed and the pictures show that the car entered around 7:45pm and left 9:56pm.
Looking at possible defences -
It appears to me they have followed POFA for the notice to keeper etc- unless am I missing something? the PCN mentioned POFA and says
"under paragraph 9(2)(b) of schedule 4 of the PFA 2012 that the driver of the vehicle is required to pay this parking charge in full. As we don't know the driver's name or postal address, if you were not the driver at the time, you should tell us the name and current postal address of the driver and pass this notice to them."
goes on to say "you are advised that if after 29 days from the date given (which is presumed to be the second working day after the date issued) the parking charge has not been paid in full and we do not know both the name and the current address of the driver, we have the right to recover any unpaid part of the parking charge from you. This notice is given to you under paragraph 9(2)f of schedule 4 of the POFA 2012 and is subject to our complying with the applicable conditions under Schedule 4 of the Act."
Seems like they are starting to get hot on being POFA Compliant? or is that just a bluff?
Do they need to include an issue time? or does the posted PCN not need this. I think it might just be for the windscreen tickets unless someone tells me otherwise
Should I request to see their contract with Sainsburys to see if there are any clauses which state that they cannot chase money? is this something anyone else has done and had any success with?
Should they have written what the terms of the car park was on the PCN? for eg- the maximum stay was 90 minutes? I personally didn't know how much the driver had overstayed by the letter as it made no mention of the 90 minute limit and just includes pictures of my number plate with the date and time stamp underneath for entering and exiting. I had to research it to find out.
Are any of these defences any good? or is there something else I could use?
Thanks
0
Comments
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You are asking for "defences"??
If you have a court claim see #2 of the newbies faq thread near the top of the forum for advice on preparing a defence
If you have just received a ticket you want to appeal, then the same FAQ thread has advice on how and when to appeal
If the ppc don't know who was driving then edit your post to remove details of who was driving0 -
It's not yet gone to court. I'm still at the considering whether to appeal or pay. It's just if I appeal I like to know possible defences in case I need to go further.0
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Nobody here will advise you to pay a scammer.
Just read the NEWBIES thread then send the BPA template in blue. Meanwhile, complain to the manager/CEO of Sainsbugs about their agent harassing genuine customers.
If/when the PPC reject your initial appeal, you make a second appeal to PoPLA using all the template points available from you in post 3 of the NEWBIES.
The bit you have quoted from the NTK doesn't look like the wording in the POFA 2012 to me.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
Ok I think I will give the appeal a go.
If at the POPLA stage I happen to lose would I have to pay the full fine? or would I still have the option to pay the reduced fine?0 -
there is no fine to pay .... just a speculative invoice ....
the discount ... erm ... bribe will go ...
But!
Sainsburys will cancel if you follow the advice given ....
so complain
and
send the invoice
Ralph:cool:0 -
INdeed, complain to Sainsburys!
It is NOT A FINE - noweher edoes it say it is, which is a bit of a clue! Its merely an invoice.0 -
Even if the driver has no proof they were shopping in Sainsbury's at the time?0
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Heard of "browsing/window shopping"?0
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If you want to pay, that's fine.
If you want to fight this then follow the guidance offered.
Your choice.
Stop putting obstacles in the way.0 -
And stop asking questions the answers to which are readily available by using a search engine.You never know how far you can go until you go too far.0
This discussion has been closed.
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