Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Cityasc1 on June 07, 2025, 11:23:36 am
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No one pays a penny to ECP if they follow the advice you get here. Forget the mugs discount. You have been issued a PCN unfairly.
So, yes, you appeal to POPLA. I suggest you appeal only as the Keeper. They have no idea who the driver is unless the Keeper tells them.
You should use the following points in your POPLA appeal:
The Notice to Keeper (NtK) fails PoFA 2012 because the relevant land is not identified. "MFG- Esso Beam" is not "relevant land" for the purposes of PoFA 2012 if it cannot be easily identified by an address that is searchable. Try locating "MFG-Esso Beam" by searching on Google Maps or even just entering that as search in Google. Nothing comes up. Ask the POPLA assessor to try and find the location based solely on the information in the NtK.
So, as the NtK fails to fully comply with all the requirements of PoFA (para 9(2)(a)), there can be no Keeper liability and the driver has not been identified
Also, you get them on their own evidence. You point out that there was no breach of terms as evidence by the operators own photos of the sign provided (make sue you include the image of the 30 minute sign they provided in your appeal). The vehicle was only on site for 28 minutes. You also have the minimum grace period of 10 minutes which must be taken into consideration before a PCN can be issued.
Put them to strict proof of a valid contract flowing from the landowner that authorises them to operate and issue PCNs in their own name.
There are plenty of POPLA appeals on the forum that you can search for that will show you the expected format and how to structure the wording of them.
At the end of the day, even if a POPLA appeal is unsuccessful, it doesn't matter. Their decision is not binding on you and has no bearing on anything moving on.
I can assure you that if you follow the advice and the POPLA appeal is not successful, they will eventually issue a court claim through the incompetent bulk litigator, DCB Legal and as long as it is defended with our template defence, the claim will either be struck out or discontinued.
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I forgot to mention I have been to the garage to speak to the manager to see if they can help but he is always not there and "will be in tomorrow" I have rang to chase this twice and I get the same response. Apparetly he will be there tomorrow again sunday so I will ring again tomorrow with no hope.
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The Driver of the vhiecle had an overheating issue with the car along the a13 and had to crawl into the esso garage to stop the car to avoid damage. They drove into one of the car parking spaces on the garage lot and parked the car. They then opened the bonnet of the car to help cool off the engine. Once safe to do so after 5 minutes or so they opened the water tank to check the levels and it was empty as the cap was not properly screwed on. The driver then went into Esso to purchase some water for the car and returned to fill up the tank with a bank statment purchase at 15:04. After 15 minutes of cooling and water evaporating, they then went into the Esso again to purchase more water with their bank statment showing a time of 15:21. They then having waited to be safe to drive off and water levels no longer depleating left at 15:30. The total stay being 28 minutes.
I the keeper of the car have since recived a PCN as shown below from Euro Car Park for an overstay. with the maximum allowed time limit being 15 minutes. No car rescue was called out at the time. It was called out a week prior due to water pipe issue that was fixed - this overrheating situation wwas caused by the driver not screwing the cap on properly.
(https://i.imgur.com/fWWO1fi.jpeg)
(https://i.imgur.com/cIZnxbR.jpeg)
(https://i.imgur.com/Jo1KwdO.jpeg)
I appealed the parking charge on the 9th May as the registered keeper on the Euro Car Park website and used their 796 character limited enquiery box. (frustratingly i forgot save this word for word) But along the lines as follows:
I the registered keeper contest the charge. the driver had broken down and needed to stop at the esso garage to repair the car. they purchased supplies from the Esso garage twice with bank statments to this effect, and was only able to movce the car once safe to do so.
Please provide the grace period for the parking time limits as well as the signage for the car park.
I recived a response to my appeal on the 29th May with the following:
(https://i.imgur.com/JxmRw5D.png)
(https://i.imgur.com/EzjuJop.png)
(https://i.imgur.com/km9Z79i.png)
My question now is do I just pay the £60 and move on or do I go to POPLA? The sign picture they provided in thier response is from a different garage and they did not provide the grace period.
Also the private parking sector single Code of Practice page 46 states "F.3 Appeals where the charge should be reduced to £20 for a period of 14 days
In considering appeals parking operators must recognise the below case types as
mitigating circumstances warranting a reduction in the amount of the parking charge to
£20 for 14 days, subject to appropriate evidence being provided. This reduction applies
only for the first parking charge issued to the vehicle for the specific contravention, where
payment is made within 14 days and where no independent appeal is lodged"
Note: When considering appeals, operators should look at evidence provided in the
appeals process and where evidence is lacking it may be appropriate to ask the motorist to
provide additional evidence to support their account before finalising their decision.
c) where the vehicle has broken down;
Note: This may not be applicable where the vehicle was not parking in accordance with
terms and conditions. It is more appropriate where the terms and conditions were initially
complied with but there was an overstay