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  • FIRST POST
    • barafear799
    • By barafear799 9th Jan 18, 2:08 PM
    • 125Posts
    • 29Thanks
    barafear799
    Euro Car Park (ECP) PCN Matalan POPLA Appeal
    • #1
    • 9th Jan 18, 2:08 PM
    Euro Car Park (ECP) PCN Matalan POPLA Appeal 9th Jan 18 at 2:08 PM
    Hi,

    Yes I have read the newbies thread. Thank you for the advice in there.
    I understand my first step is to appeal online using the template letter for BPA members - however, I did have a query.

    The gist of that letter states the reason for the appeal is the "large lettering and prominence" of the signs.

    Do I use this argument even if this is not necessarily the case - because this is simply step 1 and every appeal will be rejected at this stage anyway. I can then "personalise" my appeal at the POPLA stage?

    In terms of appealing to Matalan - the keeper doesn't have any receipts - the keeper didn't even shop in there - the driver dropped off a relative and waited in the car park for her - believing she wouldn't be "too long" - the PCN letter shows the unpaid stay of the driver as being 35 mins.
    the relative doesn't have any proof of shopping - no receipts/paid by cash - not even sure if they used her Matalan card -

    in terms of an appeal to Matalan would this simply be to the manager of the store?

    Many thanks
    B
    Last edited by barafear799; 01-03-2018 at 3:17 PM. Reason: changing title to match movement in scenario
Page 1
    • Fruitcake
    • By Fruitcake 9th Jan 18, 2:25 PM
    • 36,801 Posts
    • 83,273 Thanks
    Fruitcake
    • #2
    • 9th Jan 18, 2:25 PM
    • #2
    • 9th Jan 18, 2:25 PM
    First of all, edit your post to remove information about who did what, especially about who waited in the car.

    Only ever refer to The Driver and The Keeper, who are two different people.

    Send the BPA template in blue exactly as it is. Nowt added and nowt taken away. Save eveything else for PoPLA, but get photos of the entrance and signage in advance of PoPLA.

    Complain to the store manager and/or CEO. An occupant of the car was a genuine customer whether they bought anything or not.
    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" - Laks
    • barafear799
    • By barafear799 9th Jan 18, 7:04 PM
    • 125 Posts
    • 29 Thanks
    barafear799
    • #3
    • 9th Jan 18, 7:04 PM
    • #3
    • 9th Jan 18, 7:04 PM
    Rather annoyingly, I cannot seem to access the ECP appeal page via computer at work - it keeps coming up with "error" - tried it on my mobile and it work's ok - now it's just a matter of trying again. In terms of the "letter" is it best to copy and paste into the box or include as an attachment? Thanks again.
    • Redx
    • By Redx 9th Jan 18, 7:27 PM
    • 18,327 Posts
    • 23,205 Thanks
    Redx
    • #4
    • 9th Jan 18, 7:27 PM
    • #4
    • 9th Jan 18, 7:27 PM
    copy and paste
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • barafear799
    • By barafear799 22nd Feb 18, 6:49 PM
    • 125 Posts
    • 29 Thanks
    barafear799
    • #5
    • 22nd Feb 18, 6:49 PM
    • #5
    • 22nd Feb 18, 6:49 PM
    Hi,
    Sorry - I've been away for a couple of weeks - and my appeal from ECP failed (as we all knew) and the email response got a bit lost.
    So I've got a POPLA code - and I've been researching on the type of appeal (the kitchen sink approach) - however, I'd appreciate some guidance on the type of points to raise and which are and which are not relevant to my situation (albeit I am aware that most situations share many similarities).

    I didn't get any response to an appeal to Matalan.

    I had a look around the car park myself - and I am firmly of the belief that the signs do indeed fail the "Red hand rule" (big time - or small time in the case of the font size).

    Do I just appeal on these grounds and not worry about time spent in car park or purpose of this stay?

    Is it worth uploading a picture of signs for opinions?

    Thank you.

    PS: as per first paragraph - I am not running out of time based on the 28 day response time - but I did read there is an "allowance" - is this true?
    • Coupon-mad
    • By Coupon-mad 22nd Feb 18, 7:16 PM
    • 58,374 Posts
    • 71,904 Thanks
    Coupon-mad
    • #6
    • 22nd Feb 18, 7:16 PM
    • #6
    • 22nd Feb 18, 7:16 PM
    Is it worth uploading a picture of signs for opinions?
    Yes.

    POPLA codes last 33 days. Honestly.

    Why not read the recent wins v ECP posted in 'POPLA Decisions' and follow their links to their threads, where a recent POPLA appeal will be shown by each poster?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • barafear799
    • By barafear799 23rd Feb 18, 1:45 PM
    • 125 Posts
    • 29 Thanks
    barafear799
    • #7
    • 23rd Feb 18, 1:45 PM
    • #7
    • 23rd Feb 18, 1:45 PM
    Thanks for the update.

    I enclose (assuming I know how to upload) a copy of their rejection appeal letter - where they helpfully enclose a couple of photos of the signs at the site.

    Hmm.....any advice on how to upload? Or whether it is not possible?

    Thanks
    • Quentin
    • By Quentin 23rd Feb 18, 1:52 PM
    • 35,854 Posts
    • 20,090 Thanks
    Quentin
    • #8
    • 23rd Feb 18, 1:52 PM
    • #8
    • 23rd Feb 18, 1:52 PM
    Host your pics elsewhere.

    Then post up a link
    Last edited by Quentin; 27-02-2018 at 5:33 PM.
    • barafear799
    • By barafear799 27th Feb 18, 2:15 PM
    • 125 Posts
    • 29 Thanks
    barafear799
    • #9
    • 27th Feb 18, 2:15 PM
    • #9
    • 27th Feb 18, 2:15 PM
    Thanks,
    Hope this works.
    This is the letter they sent me rejecting my appeal.
    They've actually helpfully included two signs.
    The small sign is the sign at the entrance (the car park used to have barriers - but since ANPR, they have been removed)
    The small sign does not show the penalty charge anywhere - albeit it refers drivers to other signs in the car park.
    Is this enough to base my appeal on?

    hxxps://drive.google.com/file/d/1_upciPTjAML8xb4guAblMCx4qWdvtNSA/view?usp=sharing
    • KeithP
    • By KeithP 27th Feb 18, 2:31 PM
    • 7,667 Posts
    • 7,373 Thanks
    KeithP
    https://drive.google.com/file/d/1_upciPTjAML8xb4guAblMCx4qWdvtNSA/view

    Please post live links in future.
    There is no need for you to do otherwise.
    .
    • barafear799
    • By barafear799 27th Feb 18, 2:32 PM
    • 125 Posts
    • 29 Thanks
    barafear799
    Sorry, I was following advice.
    Does this mean I can upload to MSE?
    • KeithP
    • By KeithP 27th Feb 18, 2:40 PM
    • 7,667 Posts
    • 7,373 Thanks
    KeithP
    Sorry, I was following advice.
    Does this mean I can upload to MSE?
    Originally posted by barafear799
    No, it means you just post the link. No need to change http to hxxp.

    It's only recently joined members that cannot post links.
    .
    • barafear799
    • By barafear799 27th Feb 18, 4:16 PM
    • 125 Posts
    • 29 Thanks
    barafear799
    Thanks; Any comments on the pictures please?
    • KeithP
    • By KeithP 27th Feb 18, 4:27 PM
    • 7,667 Posts
    • 7,373 Thanks
    KeithP
    Yes, the first picture fails to state clearly what the charge is for not abiding by the contract terms.

    One really has to read it closely to find the £85 mentioned.

    Go to town on this in your PoPLA appeal.
    .
    • azz007
    • By azz007 27th Feb 18, 4:40 PM
    • 134 Posts
    • 27 Thanks
    azz007
    Thanks; Any comments on the pictures please?
    Originally posted by barafear799
    i recently won the popla against ECP due to signage and the charge is hidden in a wall of text
    ------------------------------------

    http://forums.moneysavingexpert.com/showthread.php?t=5744067&highlight=azz007&page=2#3 8
    • barafear799
    • By barafear799 27th Feb 18, 5:02 PM
    • 125 Posts
    • 29 Thanks
    barafear799
    Thanks - this was my main point of appeal.
    However, I notice most appeals seem to go with the kitchen sink (scatter gun) approach.
    I just wondered how relevant it is to "tell a story" - e.g. the driver drove in and dropped off a passenger and waited (did not take up a parking spot, did not block traffic) - or should I just ignore any specifics and just go with "generalisations" such as the signs and then asking about landowner authority etc.

    Thanks again.
    • KeithP
    • By KeithP 27th Feb 18, 5:12 PM
    • 7,667 Posts
    • 7,373 Thanks
    KeithP
    I just wondered how relevant it is to "tell a story" - e.g. the driver drove in and dropped off a passenger and waited (did not take up a parking spot, did not block traffic)
    Originally posted by barafear799
    Not relevant at all.
    Your 'story' says "the driver parked outside of a bay".
    Probably not what you want to say.

    My suggestion would be to use the tried and tested 'kitchen sink' approach.
    .
    • barafear799
    • By barafear799 1st Mar 18, 1:17 PM
    • 125 Posts
    • 29 Thanks
    barafear799
    just finalising my appeal - I've taken some pictures of the payment machine. Nowhere on the payment machine does it mention the PCN charge. Given the PCN was issued against the driver for not having paid at all for the alleged parking stay - is this relevant or not? Should I just stick with the other warning signs in the car park?

    Thank you.
    • Fruitcake
    • By Fruitcake 1st Mar 18, 1:46 PM
    • 36,801 Posts
    • 83,273 Thanks
    Fruitcake
    Include a picture of the wording on the pay machine.

    Post your draft appeal here for checking before you submit it.
    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" - Laks
    • barafear799
    • By barafear799 1st Mar 18, 2:38 PM
    • 125 Posts
    • 29 Thanks
    barafear799
    At the moment, I've only got three points - although the signage is very poor.....but advice on any other points much appreciated.
    Will try to convert to PDF and put in google drive for viewing.
    I have rather left it to last minute......sorry.....

    https://drive.google.com/open?id=1MkyQZcvpmaMfuO0vUSQKv9I5G1BY_sDq
    Last edited by barafear799; 01-03-2018 at 2:44 PM. Reason: add link
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