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  • FIRST POST
    • Jeffy23
    • By Jeffy23 15th May 18, 11:49 AM
    • 3Posts
    • 2Thanks
    Jeffy23
    Euro Car Parks - Parking Charge
    • #1
    • 15th May 18, 11:49 AM
    Euro Car Parks - Parking Charge 15th May 18 at 11:49 AM
    Hello all,


    The Keeper received a Parking Charge Notice for the driver overstaying at a BP garage. The garage is located just by the South Terminal of Gatwick airport.


    The Driver allegedly stayed roughly 55 minutes.

    The garage states 30 minutes is the maximum stay.


    The charge is the usual 100, or 60 if paid within 14 days.


    Attached are both sides of the letter at the bottom of the thread.


    A google search for the garage has provided an image of the garage attached below.


    From the picture a sign by the entrance (top left) can be seen, although by a double yellow line, so stopping to read would be impossible.


    ===

    Is this the correct procedure?
    - I appeal to Euro Car directly. They always will reject the appeal?
    - I then appeal to POPLA and hopefully Charge gets cancelled?



    Please advise which template to use


    1). Argue there case is flawed based on:



    1. SIGNAGE
    2. BPA CODE OF PRACTICE,NON COMPLIANCE TO GUIDELINES
    3. THE OPERATOR HAS NOT SHOWN THAT THE INDIVIDUAL WHO IT IS PURSUING IS IN FACT THE DRIVER WHO MAY HAVE BEEN POTENTIALLY LIABLE FOR THE CHARGE.
    4. LAND OWNER AUTHORITY
    5. OBSERVATION POINTS
    6. GRACE PERIOD
    7. THE ANPR SYSTEM IS NEITHER RELIABLE NOR ACCURATE.


    2). Challenge them with


    I challenge this 'PCN' as keeper of the car.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in
    ParkingEye Ltd v Beavis.
    Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than 250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,



    Which ones should be used please?

    Please help so a letter can be drafted asap. Thank you

    Attached are images:


    Garage

    imgur.com/a/VPRCTgK


    Front Letter

    i.imgur.com/InOLUXA.jpg


    Back Letter

    i.imgur.com/FTwjbux.jpg
    Last edited by Jeffy23; 15-05-2018 at 1:19 PM.
Page 1
    • Redx
    • By Redx 15th May 18, 1:03 PM
    • 18,115 Posts
    • 22,902 Thanks
    Redx
    • #2
    • 15th May 18, 1:03 PM
    • #2
    • 15th May 18, 1:03 PM
    first task it to edit your post and remove any hint of who did what

    what happened on the day happened to the DRIVER

    what happened SINCE that day happened to the KEEPER

    the words "ME , MYSELF & I" do not exist in this topic, so dont use them

    then read post #2 of the NEWBIES FAQ sticky thread and decide if you are appealing it or not

    there is only ONE template, so no choice to make, use it verbatim, no changes , appealing as KEEPER
    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
    • Jeffy23
    • By Jeffy23 15th May 18, 1:38 PM
    • 3 Posts
    • 2 Thanks
    Jeffy23
    • #3
    • 15th May 18, 1:38 PM
    • #3
    • 15th May 18, 1:38 PM
    Thank you so much.


    The main thread had been edited.


    Should a receipt be attached showing food was purchased from the garage?


    How would that be included in the template?
    • Coupon-mad
    • By Coupon-mad 15th May 18, 2:05 PM
    • 57,449 Posts
    • 71,044 Thanks
    Coupon-mad
    • #4
    • 15th May 18, 2:05 PM
    • #4
    • 15th May 18, 2:05 PM
    Where the template is, the NEWBIES thread also tells you to also upload any evidence like a receipt or Blue Badge...not sure why you need that re-stated?

    Obviously what you DO NOT DO is add words like 'my receipt'!

    ECP have a daft little appeals webpage where you can bung wording in, plus your details as keeper, plus upload an attachment. Easy enough, a simple stage to get your POPLA code.
    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.

    • Jeffy23
    • By Jeffy23 15th May 18, 2:54 PM
    • 3 Posts
    • 2 Thanks
    Jeffy23
    • #5
    • 15th May 18, 2:54 PM
    • #5
    • 15th May 18, 2:54 PM
    Right apologies, I didn't see the bit just under the template.


    The site is terrible all uploads fail. Just the standard template was used.
    • Coupon-mad
    • By Coupon-mad 15th May 18, 2:59 PM
    • 57,449 Posts
    • 71,044 Thanks
    Coupon-mad
    • #6
    • 15th May 18, 2:59 PM
    • #6
    • 15th May 18, 2:59 PM
    No worries, it's just a stepping stone to POPLA.

    Start searching for 'Euro POPLA ANPR appeal' or similar keywords and change the default search to 'show posts' (NEVER 'show threads' or you will never see the wood for the trees).
    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.

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