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  • FIRST POST
    • Brucella
    • By Brucella 2nd Oct 19, 8:30 AM
    • 36Posts
    • 59Thanks
    Brucella
    Parked longer than the maximum period allowed
    • #1
    • 2nd Oct 19, 8:30 AM
    Parked longer than the maximum period allowed 2nd Oct 19 at 8:30 AM
    I have searched the forum but failed to find an answer to this query, so apologies if I have missed it.

    I am being pursued as Keeper by Euro Car Parks as the vehicle is alleged to have overstayed the 2.5hrs maximum period in a free car park. In other words, no payment is required but one is only allowed to park for a limited period. The number plate was captured on ANPR with a period of 3hrs 2mins.

    My PCN was a Notice to Keeper and contained reference to PoFA. I appealed to Euro using your template but this was rejected and I have a POPLA code.

    I was planning to appeal to POPLA using the defence that the NtK arrived outside the 14day limit.

    My specific question is that does PoFA Schedule 4 apply as it states:
    a) the driver of a vehicle is required by virtue of a relevant obligation to pay parking charges in respect of the parking of the vehicle on relevant land; and
    (b) those charges have not been paid in full.
    Is this, or any other such issue cause me a problem? If so, what is my alternative approach?

    With thanks .
    Last edited by Brucella; 02-10-2019 at 9:28 AM.
Page 4
    • Brucella
    • By Brucella 8th Jan 20, 12:43 PM
    • 36 Posts
    • 59 Thanks
    Brucella
    Hi Coupon-Mad
    Happy to receive a PM. I think that it will be worthwhile to share some info.

    Indeed, through your original heads-up, I have been PMing MinnieSox9 and pointing her in the right direction I hope



    Haha!

    You have to laugh at them instead of crying woefully at their incompetence.

    I won't forget your case, Brucella and want to send you a pm if that's OK? Let's just say I plan to use this as ammo that may have repercussions. It paints a terrible example and is just what I want, for a purpose this year that I won't go into...

    Also, there is another poster with the same issue, MinnieSox9:

    https://forums.moneysavingexpert.com/showthread.php?t=6027099

    Looks like she may also need the emails you have so are you up for sending her a pm to show her what you sent and received so she can use it otherwise she will get fobbed off.
    Originally posted by Coupon-mad
    • Castle
    • By Castle 8th Jan 20, 1:01 PM
    • 2,479 Posts
    • 3,542 Thanks
    Castle
    I notified yourself this morning and alerted the operator to the fact that I was going to reassess the appeal.

    The operator contacted us shortly after to inform us that it had withdrawn the appeal.

    This means that you are no longer liable for the charge as the operator has accepted that the PCN was not issued correctly.

    I have fed this back to the assessor’s team leader for coaching purposes.
    Originally posted by Brucella
    How exactly does the operator withdraw the appeal; it's not their appeal, it's the RK!
    • Brucella
    • By Brucella 14th Jan 20, 10:10 PM
    • 36 Posts
    • 59 Thanks
    Brucella
    For those of you who have been following my sorry tale which has yet again exposed the broken system overseeing parking, particularly the shocking quality of POPLA, there is a minor victory to briefly lift your spirits.

    Whilst repeated complaints to the BPA citing various breaches of their code has not resulted in any sanction, it has elicited a rather satisfying apology from Euro Car parks:

    Dear ***,
    Thank you for your letter/email regarding the Parking Charge Notice as below:

    Parking Charge Notice Number: *** Date of Issue: ***
    Vehicle Registration Mark: *** Time of Issue: ***
    Car Park: ***
    Breach of Terms and Conditions: Your vehicle was parked longer than the maximum period allowed

    Please accept our sincere apologies for the human error and for any inconvenience that this has caused you. The Parking Charge Notice was cancelled and of course your details have been removed from our system.

    Unfortunately even with strict checking procedures in place some very small errors can occur. Euro Car Parks strive to attain the highest standards and occasions such as this are rare.

    However I can confirm staff are fully trained and monitored, and camera’s and back office equipment are checked regularly, and parking charge notices are spot checked at intervals. We follow
    procedures and strive to ensure that errors are not made, and when and if an error is made our aim is to act swiftly and apologise. I can confirm that the percentage of errors is very low but with the human
    element cannot be totally eradicated.

    Once again our sincere apologies for any inconvenience caused.
    Yours sincerely

    Parking Charge Notice Department
    • Redx
    • By Redx 14th Jan 20, 10:15 PM
    • 26,806 Posts
    • 35,091 Thanks
    Redx
    well done so far

    even without the human element and machine only element there is still room for errors, it happens all the time , but we always thought they used humans to double check the triple checked machine elements with say 21 point or 99 point human checks

    hopefully when the government CoP comes in the percentage will drop even further, as will spurious pcn,s


    again , well done , keep at these par@sites
    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
    • Umkomaas
    • By Umkomaas 14th Jan 20, 10:35 PM
    • 26,600 Posts
    • 43,714 Thanks
    Umkomaas
    Unfortunately even with strict checking procedures in place some very small errors can occur.
    and when and if an error is made our aim is to act swiftly and apologise. I can confirm that the percentage of errors is very low but with the human element cannot be totally eradicated.
    However ...... should a motorist so err, no amount of swift apology or explanation will avoid them facing your wrath and venal pursuit of penalty. How can you justify that? Perhaps you should similarly compensate me; a swift payment within 14 days will qualify for a 40% reduction. Please send a cheque for £60 to ......

    cc BPA, Haywards Heath, West Sussex, RH16 3AH
    I'm really enjoying reading your thread Brucella and I'm blown over by your resilience and ability to word polite, yet rapier-like correspondence to make your point and get things actioned.

    More power to your typing finger(s).
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask.
    Give a man a fish, and you feed him for a day;
    show him how to catch fish, and you feed him for a lifetime.
    • Castle
    • By Castle 15th Jan 20, 9:12 AM
    • 2,479 Posts
    • 3,542 Thanks
    Castle
    However ...... should a motorist so err, no amount of swift apology or explanation will avoid them facing your wrath and venal pursuit of penalty. How can you justify that? Perhaps you should similarly compensate me; a swift payment within 14 days will qualify for a 40% reduction. Please send a cheque for £60 to ......

    cc BPA, Haywards Heath, West Sussex, RH16 3AH
    Originally posted by Umkomaas
    If anybody should be paying compensation it should be POPLA for negligence; for failure to provide their service with reasonable care and skill.
    • Le_Kirk
    • By Le_Kirk 15th Jan 20, 10:25 AM
    • 8,027 Posts
    • 9,118 Thanks
    Le_Kirk
    However I can confirm staff are fully trained and monitored, and camera’s and back office equipment are checked regularly
    Did they really put that? If so, it is not just their cameras that need checking, it their use of English grammar. If it is an accidental typo by you, then ignore my comment.
    • Brucella
    • By Brucella 15th Jan 20, 4:01 PM
    • 36 Posts
    • 59 Thanks
    Brucella
    Did they really put that? If so, it is not just their cameras that need checking, it their use of English grammar. If it is an accidental typo by you, then ignore my comment.
    Originally posted by Le_Kirk
    No, I copy/pasted the response - it's their error
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