Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: chungaroo92 on May 14, 2024, 12:09:55 pm
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Did you appeal as the keeper? Did you identify as the driver in your appeal?
The NtK does not comply with the strict requirements of PoFA to hold the keeper liable. However, if you have domed yourself in the mire by identifying as the driver, you are liable for the charge.
The requirements of PoFA 9(2)(b) and 9(2)(e)(i) (https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted) are missing in the NtK you have shown us. You cannot be liable to the creditor for the charge as the keeper. ECP have no idea of who was driving unless you divulged that information in your appeal.
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Your appeal please.
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Hello
I've just received an appeal rejection from Euro Car Parks Limited for Breach of Terms and Conditions: No valid pay and display/permit was purchased.
The car was parked in their North Place - Cheltenham car park at 7:04:12 and exited at 7:22:13.
A parking permit was purchased via the RingGo app, now the app was having some weird issues on that day, usually I have the car park in question saved as a favourite but for whatever reason I must have clicked on 'ECP - High Street - Cheltenham' rather than 'ECP - North Place - Cheltenham'
I'm wondering whether it's worth appealing to Popla? This seems like it should be covered as a 'keying error' since effort was made to purchase a valid permit and more of the cost of the parking for this location has been paid (it's 20p more expensive). Or if there is any further recourse?
I've looked on the MSE forums and it was a bit confusing tbh, other than complaining to the landowner, which I'm not sure how I'd find, it seems the advice is to ignore it which doesn't seem wise?
Just looking for advice for a course of action really. Don't want to pay £60, but would rather do that than pay £100..
PCN:
https://ibb.co/6wfsFbh
https://ibb.co/jbmTHdh
Appeal:
https://ibb.co/JRTCw7G
https://ibb.co/MC1LHws
https://ibb.co/7yvbxby
https://ibb.co/2qn4W7z