ECP Parking PCN - Overstayed by 13 minutes due to car breakdown - Morrisons, Stratford

[England]

3 minutes, if you factor in the grace period.

I am the registered keeper of this vehicle.

The driver drove into a Euro Car Parks lot at 8:55am and paid for a 2h ticket at 8:57am. The driver did their shopping and the shopping receipt says 10:55am. This meant the driver had 2 minutes remaining plus the 10 minutes grace period when leaving.

The driver left the car park at 11:10am, meaning the driver was 3 minutes over my grace period.

However, the driver would've been able to drove off earlier had the battery not went flat, the car was fine when the driver started it up this morning, and the driver needed to get the car jumpstarted.

The driver has no proof of this, the dashcam wasn't on because it's powered by the car and the car wouldn't start up. The only evidence there can be is a recording of the car now and showing that its not starting up as it still haven't got that repaired (the relevant party had a hospital surgery a few days ago, and the penalty notice was received yesterday even though it's been dated 6 days ago).

Breakdown is a justified reason for overstaying, and there is a question to be raised if there's anything that should be known on how to fight this? For example, it's said online that you can actually take this up to the supermarket themselves, and they can cancel the PCN, so there's that option.

There's also a template on MoneySavingExpert where you appeal the PCN and write this:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client 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 an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

Apparently this works, so would also like to have people involved in this sort of field provide their opinion.

Nobody pays a penny to ECP even if it goes all the way to court. Have you, the Keeper, tried Plan A yet? If you were a customer of Morrisons, they have a dedicated web form for requesting the cancellation of PCN issued while parked in their car parks.



In the unlikely event you don’t get it cancelled through Plan A then you move to Plan B. However, before we move on to that, you have provided a classic example of how to inadvertently give away the drivers identity where you posted above:

The driver left the car park at 11:10am, meaning the driver was 3 minutes over my grace period.

As there is a failure to fully comply with all the requirements of PoFA in the NtK, namely, no “invitation”, or any synonym of the word, for the Keeper to pay the charge, they have not complied with paragraph 9(2)(e)(i). Partial or even substantial compliance is not sufficient. However, if the Keeper is identified as the driver, PoFA goes out the window.

Whilst ECP will not accept that argument and will reject any appeal, it can be used at the Plan C POPLA appeal and later in court, if necessary. Not that it will ever get to a hearing as if it goes all the way to Plan D, it will almost certainly be discontinued.

So, if Plan A fails, your Plan B appeal to ECP should be short and sweet as it is only needed to get the appeal rejection and a POPLA code.

Appeal only as the Keeper with the following wording:

I am the Keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the Keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn.

ECP has relied on contract law allegations of breach against the driver only.
The Keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. ECP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

If Plans A and B fail, when you get the POPLA code, come back for further advice.

Have you, the Keeper, tried Plan A yet? If you were a customer of Morrisons, they have a dedicated web form for requesting the cancellation of PCN issued while parked in their car parks.

https://www.morrisons.com/help/form/contact-us/car-park/car-parking-charges/i-have-a-car-parking-charge

Anecdotally, Morrisons are pretty good at dealing with PCNs, so definitely try this before diving in with any appeals, just be sure not to miss any deadlines.