Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: Mocede28 on November 22, 2025, 02:24:39 pm

Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: InterCity125 on April 13, 2026, 07:22:25 am
Next thing to look out for is a Letter Before Claim.

There will be begging debt letters in the meantime which can safely be ignored.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on April 12, 2026, 08:57:49 pm
Thanks all for your help.

Do I now wait for ECP to write to me again requesting for payment after POPLA appeal has closed in operators favour?

I recall b789 saying ECP will take me to court and that’s where I will have much higher chance of winning.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on April 10, 2026, 02:52:16 pm
You cant even correct them once they make a mistake.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on April 10, 2026, 11:04:14 am
Thank you for your email received 28 March 2026 in regards to POPLA appeal:

I can see from the email chain that my colleague has already responded to your complaint and provided his findings after a full review and was satisfied the PCN met the requirements of PoFA 2012.
My colleague advised you that his response marks the end of our complaints procedure, and it will not be appropriate for POPLA to respond further.
 
I must further reiterate that our complaints process is now closed, and we will not be entering into any further discussion about the decision. For clarity, any further correspondence received in relation to this issue will be noted, however we will not be responding.
 
Yours sincerely,
 
Amy Smith
POPLA Complaints Team
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: InterCity125 on March 24, 2026, 04:44:07 pm
More embarrassment for POPLA.

Reply with the following;


Dear Paul,

Thank you for your reply.

Having examined your response I can see that you have 'skipped over' the missing wording and two limbed legal choice required by Schedule 4 Paragraph 9(2)(e).

Is this wording and two limbed legal choice not required to make the notice compliant?

Paragraph 9(2)(e) specifies;

THE NOTICE MUST STATE that the creditor does not know both the name of the driver and a current address for service for the driver - Please point this wording out to me as I simply cannot find it on the operators NtK?

9(2)(e)(i) and 9(2)(e)(ii) also specifies that the notice MUST set out the prescribed wording AND;

Invite the keeper;

to pay the unpaid parking charges

Or

if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

Please point this two limbed legal invitation out to me?


In your response you state, "The Notice also states the keeper must EITHER provide the full name and address of the driver and pass the notice to them." - This makes no grammatical sense since the second limb of your logic is missing?? - It's seems like you were actually half way to  subconsciously demonstrating non-compliance there?

Of course, the notice must state that the keeper may EITHER pay the unpaid charges OR provide alternative driver details?

The invitation to 'pay the unpaid parking charges' is clearly missing and you appear to notice that fact and this is why your sentence changes course half way through? Oddly, and having noticed it, you don't comment on the missing part of the mandatory two limbed choice? - To be clear, this missing limb makes the notice non compliant?


Any how, please specifically set out term 9(2)(e) / 9(2)(e)(i) / 9(2)(e)(ii) and then demonstrate how the wording from the NtK satisfies each of those requirements.

As I said, at present your reply carefully skips over these requirements.

So, to start with, we are looking for the prescribed sentence which states, "the creditor does not know both the name of the driver and a current address for service for the driver"?

Remember, look at the requirements of 9(2)(e) - The notice MUST STATE that the creditor does not know both the name of the driver and a current address for service for the driver.

Does the notice STATE this wording or not? It doesn't. If it did then either you or Gayle Stanton would have already pointed the wording out by now?


I await your reply.


Best wishes,


xxxxxx xxxxxxxxx
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on March 24, 2026, 03:54:56 pm
Copy pasted email received from POPLA today.


Thank you for your email received 10 March 2026, outlining the reasons why you are unhappy with the decision that has been reached by the assessor in your appeal. This was passed to me by the POPLA team as I am responsible for investigating complaints.
 
It is worth pointing out that before submitting an appeal, our website informs appellants that POPLA is a one-stage appeal service, and we cannot reconsider your appeal if you disagree with our decision.
 
The crux of your complaint is that the assessor has incorrectly applied the Protection of Freedoms Act (POFA) 2012 when assessing your appeal.
 
In order for a parking operator to transfer liability of the parking charge to the registered keeper when the driver has not been identified, it must meet the strict requirements pf Schedule 4 of POFA.
 
POFA confirms the notice must be sent with the relevant times and contain the statutory wording:
 
The Notice to Keeper was issued on 19 November 2025, six days after the parking event on 13 November 2025 and therefore it was sent on the statutory time frame.
 
 
The Notice also states the keeper must either provide the full name and address of the driver and pass the notice to them. The notice confirms further if after the period of 28 days beginning the day after that on which the notice is given, the parking charge has not been paid in full and the operator does not know the name and address of the driver, it has the right to receive any unpaid part of the paring charge from the appellant as the registered keeper:
 

 
Therefore, on reviewing the notice to keeper, I agree with the assessor that the operator has met the strict requirements of POFA in transferring liability of the charge to you as the registered keeper.
 
You state the assessor specifically mentions noncompliance with Paragraph 9(2)(e) in the summary at the start of the response.
 
On reviewing the assessor’s decision, I not the appellant has referenced this when detailing your grounds of appeal.  This comment is not the assessor stating the notice is not compliant rather it is a bullet point summary of one of your grounds of appeal.
 
Having reviewed both the appeal and your complaint, I am satisfied the decision reached is appropriate based on the evidence presented.
 
I am sorry that your experience of using our service has not been positive. However, POPLA’s involvement in your appeal has now ended and this response concludes our complaints process. It will not be appropriate for us to correspond further on this matter, and all further correspondence will be noted on your case but not responded to.
 
You are of course, free to pursue this matter further, through other means, such as the Courts. For independent legal advice, please contact Citizens Advice at: www.citizensadvice.org.uk or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh).
 
Yours sincerely,


Paul Garrity
POPLA Complaints
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: InterCity125 on March 10, 2026, 08:48:56 pm
A formal complaint will not change the outcome but an admission that the complaint was mishandled and, that PoFA keeper liability was wrongly established by the Assessor when the NtK was non-compliant, is, tantamount, to the same thing.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on March 10, 2026, 07:45:28 pm
Thank you so much intercity125.

The complaint has been submitted. I understand formal complaint will not change the outcome. What are the next steps for me now while waiting for complaint response.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: InterCity125 on March 10, 2026, 06:38:20 pm
Fill in the missing details and submit to POPLA as a complaint to info@popla.co.uk




POPLA Complaint - Procedural failure by the Assessor to correctly identify non PoFA compliance in a Euro Car Parks NtK.

POPLA Code -

POPLA Assessor - Gayle Stanton.



Dear Lead Assessor,


Background;

I have recently received an appeal response from POPLA regarding a Parking Charge Notice issued by Euro Car Parks.

In my appeal I specifically demonstrated that the issued NtK was not compliant with all the required aspects of PoFA Schedule 4 Paragraph 9(2).

This complaint relates purely to the inability of the Assessor to correctly apply the legislation when required.

In her assessment Gayle Stanton incorrectly establishes keeper liability when keeper liability cannot possibly occur due to multiple compliance issues.


Clear procedural error;

In simple terms, the Euro Car Parks NtK is not compliant with PoFA Schedule 4 Paragraph 9(2)(e).

As you will see in my original appeal, I clearly lead the Assessor, very directly, to the exact failings of the operators NtK.

I think it is fair to say that the Assessor could be left in absolutely no doubt what those failing were.

In her appeal response, Gayle Stanton specifical mentions non compliance with Paragraph 9(2)(e) in the appeal summary at the start of her response.

It is therefore unclear how such a clear and obvious mistake can be made.

In her response, the Assessor explains the basics of PoFA and then states, " I have reviewed the notice to keeper against the relevant sections of PoFA 2012 and I am satisfied that it is compliant in all aspects."

This statement is demonstrably false since an examination of the NtK clearly reveals the missing elements which would be required to make it 'compliant in all aspects'.

In the first instance, I would draw your attention to the fact that the Assessor flatly refuses to engage with the precise evidence provided by myself in respect of the requirements of 9(2)(e) - instead, she simply makes a blanket statement which never addresses the specific evidence.

In my appeal I specifically invited the Assessor to demonstrate where the requirements of 9(2)(e) were met within the operators NtK - if the Assessor believed the wording to have been present then she could have easily copied this wording, verbatim, from the operators NtK in order to prove compliance with the required section.

It is my opinion that the Assessor refuses to do this since it is obvious that the required wording is not present - the Assessor cannot present the evidence which is not there?

I note with interest that the Assessor does engage in the more subjective elements of my appeal but deliberately and, in my opinion, purposefully, avoids the very specific and objective element which deals with PoFA compliance - because PoFA compliance is totally objective, any engagement with the issue raised (in terms of the precise requirements) would only lead to more clarity on the issue and that, in turn, would lead to a situation where the Assessor would be unable to demonstrate that the NtK was compliant - as a result the Assessor is forced into non engagement with the points raised because they are not rebuttable since the NtK does not contain the required wording and subsequent legal choice which 9(2)(e) requires.


Correct procedure;

Schedule 4 Paragraph 9(2)(e) states the following;


The notice MUST

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver AND invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;


So, in order to establish compliance with 9(2)(e) we must examine the precise wording of the operators NtK - the word AND is deliberately emboldened by myself in order to draw your attention to the precise requirements - that the NtK must set out the prescribed wording AND then invite the keeper to choose between the two options which should be presented to the keeper at that precise point.

So, in the case of the mandatory requirements of 9(2)(e), 9(2)(e)(i) and 9(2)(e)(ii) we are looking for a section of prescribed mandatory wording immediately followed by the presentation of a two limbed legal choice which must be offered to the vehicle keeper (and not the driver).

This should therefore be something along the lines of the following;

==============================================

At the current time, Euro Car Parks (the creditor) does not know both the name and a current address for service for the driver.

The keeper is therefore invited TO PAY THE UNPAID PARKING CHARGES

or

If the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass this notice onto the driver.

==============================================


The required paragraph is clearly missing from the operators NtK - if the required paragraph is present then please feel free to point it out to me?

The information must be presented in this manner to be compliant ie in one paragraph. Compliance cannot be achieved by, for example, placing the information at random points throughout the NtK since this would not present the keeper with the text immediately followed by the legal choice which 9(2)(e) / 9(2)(e)(i) / 9(2)(ii) requires - this point is clearly backed up by the precise wording of 9(2)(e) - the mandatory text which must be immediately followed by the invitation to the keeper to pay the charges or nominate another driver.

In this particular instance it is immediately clear that;

The Euro Car Parks NtK never states the essential mandatory wording required by para. 9(2)(e).

The Euro Car Parks NtK never 'invites the keeper to pay the unpaid parking charges'.

The Euro Car Parks NtK never uses the required mandatory word "or" to connect the two required limbs of the legal choice.

The Euro Car Parks NtK never presents the two limbed legal invitation which para. 9(2)(e)(i) and 9(2)(e)(ii) demands.


Summary;

This, to be fair, is a very clear and obvious oversight by the Assessor given that she was lead directly to the NtK PoFA failings and that those failings were so clearly illustrated - this appears to demonstrate that Assessors are not adequately trained to deal with PoFA compliance even when they are presented with the evidence in a very clear fashion.



I await, with interest, the outcome of your enquiries.


Best wishes,

xxxxxxxx xxxxxxxx
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: InterCity125 on March 10, 2026, 05:01:09 pm
No problem - we can come up with a complaint - the NtK is 100% not compliant.

Give me a day or two.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on March 10, 2026, 03:19:15 pm
Hi all.

As expected I have appeal
Denied by popla. Copy pasted below.

Decision
Unsuccessful
Assessor Name
Gayle Stanton
Assessor summary of operator case
The operator has issued the Parking Charge Notice (PCN) because the driver parked on the site for longer than the maximum stay.

Assessor summary of your case
The appellant has provided the following grounds of appeal which I have summarised for the purposes of assessment: • No keeper liability – the Notice to Keeper is not compliant with PoFA 2012 Schedule 4 (including failure of 9(2)(e)(i)). • Mandatory consideration period and grace period not evidenced and not capable of being correctly applied when the operator relies Euro Car Parks relies on ANPR to calculate “length of stay”. That approach cannot properly measure parking time. It also fails to show that mandatory time allowances were applied. • Inadequate signage – no proof of prominent terms capable of forming a contract. • No proof of landowner authority – Euro Car Parks must evidence every requirement in PPSCoP section 14.1(a) to (f). • Failure to consider mitigation and vulnerability – breach of PPSCoP Annex F. • ANPR reliability and data integrity not proven. In the comments the appellant has provided the following : The conditions of PoFA Schedule 4 Paragraph 9(2)(e)(i) are not met - the critically required wording is obviously not present in the NtK. The PCN shows the driver entering the forecourt (from the main road) by making a shallow turn to the left - more of a taper than a turn in fact - due to the layout, most drivers would enter in this manner. The signage on entry from this direction is wholly inadequate since there is no required 'entry signage' which faces oncoming traffic - this does not appear to meet the minimum requirements set out in The Code of Practice document. The appellant has provided a document detailing their grounds of appeal.

Assessor supporting rational for decision
When assessing an appeal POPLA considers if the operator has issued the parking charge notice correctly and if the driver has complied with the terms and conditions for the use of the site. The appellant has advised that the Notice to Keeper is not PoFA compliant. The Protection of Freedoms Act (PoFA) 2012 is a law that allows parking operators to transfer the liability to the registered keeper in the event that the driver or hirer is not identified. In this case, it is not clear who the driver of the appellant’s vehicle is, so I must consider the Protection of Freedoms Act (PoFA) 2012, as the operator issued the Parking Charge Notice (PCN) to the keeper of the vehicle. I will therefore be assessing keeper liability. The operator has provided me with a copy of the notice to keeper sent to the appellant. I have reviewed the notice to keeper against the relevant sections of PoFA 2012 and I am satisfied that it is compliant in all aspects. The Private Parking Sector Single Code of Practice (The Code) sets the standards its parking operators are required to comply with. The appellant states that they were not allowed a consideration or grace period. Section 5.1 of the Single Code of Practice states that parking operators must allow a consideration period of appropriate duration, subject to the requirements set out in Annex B to allow a driver time to decide whether or not to park. In this case the recommended consideration period according to Table B.1 is five minutes. The Code also includes the following note: NOTE 2: The consideration period may end earlier than the times prescribed in Annex B where there is evidence that the driver has, accepted the terms and conditions applying (whether or not they have chosen to read them) which may for example be evidenced by the driver parking the vehicle and leaving the premises, paying the applicable parking tariff, or remaining on the controlled land for more than 5 minutes. As the vehicle remained on the site for one hour and one minute this was exceeded and the driver became liable to comply with the terms. Section 5.2 of the Single Code of Practice requires a parking operator to allow a grace period in addition to the parking period. However, the Code advises that grace periods are not applicable to short stay areas where the parking of a vehicle is allowed for a limited period not greater than 30 minutes, such as drop off and pick up zones. In this case as the maximum stay allowed is 15 minutes which is a short stay car park, drivers are not entitled to a grace period. The appellant has advised that there was no entrance signs and Section 3.1.1 of the Single Code of Practice states that there must be an entrance sign displayed and maintained at the entrance to the site, to inform drivers whether parking is permitted subject to terms and conditions or prohibited. Section 3.1.2 of the Code contains the principles the entrance sign must display, including whether public parking is available. Its design must also comply with the standard format as described in Annex A. The entrance sign must take into account the speed of vehicles approaching the car park. The operator has provided evidence of the entrance signs on the site and these advise that the maximum stay permitted is 15 minutes. These signs also advise that motorists can see the signage on the site for further terms and conditions. Due to this I am satisfied that the entrance signs comply with Section 3.1.2 of The Code. Section 3.1.3 of the Single Code of Practice contains the requirements for signs displaying the terms and conditions. The signs must be placed throughout the site, so that drivers have the opportunity to read them when parking or leaving their vehicle. The terms and conditions must be clear and unambiguous, using a font and contrast that is be conspicuous and legible. The operator has provided evidence of the signage on the site and this advises that parking is limited to 15 minutes and that failing to comply will result in a £100 PCN being issued. I am satisfied that the signage on the site complies with Section 3.1.3 of The Code. The appellant says they were unaware of the terms and conditions. However, a driver does not need to have read the terms to accept them—only to have been given the opportunity to do so. It is the driver’s responsibility to locate and understand the terms before parking. Based on the photographic evidence and site map, I am satisfied that the driver would have passed at least one sign and therefore had this opportunity. The appellant states that there is no evidence of landowner authority and Section 14.1 of the Code states that where controlled land is being managed on behalf of a landowner, written confirmation must be obtained before a parking charge can be issued. In this case the operator has provided a memorandum of understanding and I am satisfied that the operator has the authority to issue PCN’s on this site. The operator does not need to provide a full copy of the full contract as it may contain commercially sensitive information. The appellant states that the operator has not considered any mitigating circumstances. The Appeals Charter is a statement on how certain circumstances should be handled by the parking operator. This details when a parking charge should be cancelled, and when a parking charge should be reduced to £20, when an appeal is based on an error or mitigating circumstances. In this case the appellant has not provided any explanations as to why the operator or POPLA should consider their mitigating circumstances. The site operates Automatic Number Plate Recognition (ANPR) cameras, which capture vehicles entering and exiting the site to calculate the time a vehicle has remained in the car park. This data captured is then compared with the online transaction record, and therefore if any vehicle has overstayed the maximum stay of 15 minutes, a PCN is issued. The data provided by the operator shows that the vehicle had been parked on the site for one hour and one minute on the day in quesiton. ANPR technology is generally reliable, though POPLA sometimes receives appeals alleging ANPR errors. In such cases, POPLA considers whether any evidence casts doubt on the accuracy of the system. The operator must first prove the PCN was correctly issued, usually by providing ANPR images. If they do so, the burden then shifts to the motorist to provide evidence that questions the ANPR’s reliability. This may include an account of events, but physical evidence—such as receipts showing the motorist was elsewhere—is usually more persuasive. The POPLA assessor ultimately decides whether the evidence demonstrates an ANPR inaccuracy. In this case the appellant has not provided any evidence to cast doubt on the operator’s ANPR evidence and therefore I can only consider this evidence in this case. The operator has issued the Parking Charge Notice (PCN) because the driver parked on the site for longer than 15 minutes and therefore did not comply with the terms and conditions. Based on the evidence provided, I am satisfied the parking charge has been issued correctly therefore, I must refuse the appeal. This means the appellant is required to pay the full parking charge to the operator.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: InterCity125 on January 26, 2026, 04:09:16 pm
The images show your vehicle turning left into the car park - this would have been the driver's view on the way in: Google Street View (https://maps.app.goo.gl/oTVTbXPDezSA3nFVA)

Their own signage plan support this and shows that the entrance signage is angled such that it would not be particularly prominent to a vehicle turning left. I would point this out.




Good spot - I have added that to the appeal document.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on January 26, 2026, 03:42:10 pm
I noted this point early on but didn’t mention it as I thought it would be disregarded.

You take a left into shell and drive forward to the back passing fuel pumps on your right. At the back there is plenty of signage not accessible on google street view. That’s where the courier collection boxes are.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: DWMB2 on January 26, 2026, 02:00:36 pm
The images show your vehicle turning left into the car park - this would have been the driver's view on the way in: Google Street View (https://maps.app.goo.gl/oTVTbXPDezSA3nFVA)

Their own signage plan support this and shows that the entrance signage is angled such that it would not be particularly prominent to a vehicle turning left. I would point this out.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on January 26, 2026, 01:24:56 pm

Thanks inner.

I can confirm dwmb2 there is a map in the evidence pack. I been trying to deal with imgbb since yesterday but I’m still having issues. I uploaded 35 page pdf but the link only shows 18 pages.

Here is a link that’s only valid for 24 hours before deletion that’s shows the last 18 pages with maps and signage.

https://jumpshare.com/s/JC3MfbPkeKM8Zv70029V
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: InterCity125 on January 26, 2026, 11:46:17 am
I've modified the wording slightly and added a section which shows complaint wording which I feel adds weight to the appeal.

I cannot open the entire evidence pack so I cannot tell if a map is present.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: DWMB2 on January 26, 2026, 09:41:42 am
So the NtK is not PoFA compliant - end of.
I'd be amazed if the assessor agreed. As of yet, I'm also not sure we've seen the 9(2)(e)(ii) point tested in court either, so I'm not sure it's quite right to describe it as "end of". It might therefore be wise to challenge some other points in ECP's response.

Do they provide a map of the site anywhere? Their landowner contract refers to one, but if they've not included one in the evidence pack that's an issue.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: InterCity125 on January 26, 2026, 07:54:56 am
Yes, got it to load.



So the NtK is not PoFA compliant - end of.

You could comment with the following;





The conditions of PoFA Schedule 4 Paragraph 9(2)(e)(i) are not met - the critically required wording is obviously not present in the NtK.

The wording of PoFA makes it clear that total compliance with Para 9(2) is required in order for PoFA to be relied upon. Para 9(1) reinforces that point beyond any doubt.

The conditions set out in Schedule 4 of PoFA are not met simply by the parking operator stating that they are - close examination of the NtK is required.

I highlighted the NtK failings in my original appeal - the operator simply skips over this point and never demonstrates compliance - their further comments simply demonstrate that they do not understand the requirements of para. 9(2).

The NtK provided in the operator evidence contains a number of highlighted areas (in order to seemingly challenge my appeal evidence) but the highlighting still fails to highlight the required wording - no amount of highlighting will make the required wording magically appear.

I challenge the operator / POPLA assessor to specifically show where the required wording is on the operators NtK?

In order to be compliant, PoFA specifies that the notice 'must' state all of the information required in para. 9(2) in order for the parking operator to rely on PoFA - at no point does the issued notice to keeper 'invite the keeper to pay the unpaid parking charges' - the absence of this required wording is immediately fatal to the operators case - therefore the operator cannot rely on PoFA to transfer liability to the keeper and, as such, the keeper cannot be pursued as the operator is suggesting.



By way of help, in order to satisfy the requirements of para. 9(2)(e), the wording on the NtK from the operator MUST contain wording along the lines of the following;

At the current time, Euro Car Parks (the creditor) does not know both the name and a current address for service for the driver.

The keeper is therefore INVITED TO PAY THE UNPAID PARKING CHARGES  (Para 9(2)(e)(i) requirement but not present on the Euro Car Parks NtK)

Or

If the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass this notice onto the driver (Para 9(2)(e)(ii) requirement)


The wording of Paragraph 9 (of Schedule 4) means that partial compliance with Para 9(2) is not sufficient to move liability onto the keeper using PoFA as the notice 'must' contain all the stated information from 9(2)(a)to(i). The wording used (must) means that total compliance is required with each section and subsection.

Also note that certain sections of para. 9(2) require that the information is provided in a specific manner - that 9(2)(e) requires that the information is presented in such a manner as the keeper is given a specific legal choice between paying the parking charges themselves OR providing the driver details - critically, this legal choice is never set out on the operators NtK as the correct wording from one leg of that choice is never stated.

It also appears that the parking operator needs to reconsider their relationship with their solicitors in that respect.


I have also examined the operators signage layout.

The PCN shows the driver entering the forecourt (from the main road) by making a shallow turn to the left - more of a taper than a turn in fact - due to the layout, most drivers would enter in this manner.

The signage on entry from this direction is wholly inadequate since there is no required 'entry signage' which faces oncoming traffic - this does not appear to meet the minimum requirements set out in The Code of Practice document.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on January 25, 2026, 06:04:43 pm
What error are you getting exactly?

When you click the link is it a blur screen of document seems like trying to load? If so you need to scroll down and somewhere in the middle it will say load full resolution. Click this.

I checked the other day it was loading fine for me but I tried just now it’s loading but as I mentioned above and after clicking load full resolution, I’m only able to view 18 pages of 35.

Anyone else having any issues? Or can you please advice how to fix this.

Greatly appreciated.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: InterCity125 on January 25, 2026, 12:16:29 pm
I cannot get this to load.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on January 24, 2026, 05:42:51 pm
Thanks Brenda. Explained very well. I’m going all the way untill their wheels fall off (I believe).

Here is the full evidence pack.

https://ibb.co/TxvW0yj6

Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: DWMB2 on January 24, 2026, 02:44:59 pm
If you can show us a redacted version of the whole thing that would be useful. You've made the effort to put in a POPLA appeal so we might as well try and pick any holes in their evidence that can be found.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Brenda_R2 on January 24, 2026, 02:35:03 pm
As I posted earlier, the rejection letter (either from the company issuing the invoice or POPLA) was entirely predictable and was to be expected.

Don't panic - to achieve the end goal (i.e they drop the claim before it gets to Court) you have to jump through these little hoops.

Batten down the hatches - over the next few months you will receive lots of very menacing letters from a debt collection agency advising you that your entire world is going to collapse if you don't just pay up.

Again, this is all part of the journey - don't relent, listen to the advice of the other very wise posters here and you won't pay a penny.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on January 24, 2026, 02:14:14 pm
Sorry I forgot to mention I uploaded only partial evidence pack as most of it was just repeated documents we’ve been through already.

35 pages in total if needed I can upload it here?

Yes it contains original Pcn, my appeal their rejection letter and a lot of signage photos and maps.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: DWMB2 on January 24, 2026, 12:33:37 pm
Is that their entire evidence pack, have you shown us all the pages?

Were there any other attachments, such as a copy of the actual PCN you initially received?
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on January 24, 2026, 12:22:08 pm

I received a response within popla 23/01/26. I have 7 days to reply.

PDF link below

https://ibb.co/kVHpJsxy
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: b789 on December 29, 2025, 04:30:04 pm
You are ONLY appealing as the "Keeper". Do not select any other option for this. You are not acknowledging one way or another that you were or were not the driver. There is simply no legal obligation to identify the driver, whether it was you or, if not, you know who it was.

Also, you simply select "Other" for the reason. Do not try to overthink this.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on December 29, 2025, 01:31:08 pm
Greatly appreciate it b789.

I just got home discharged from hospital.

Yes im aware the initial appeal wasn’t going to work and at this stage as you rightly said we can try to persuade a moronic Popla accessor of the keeper liabilities but the chance is slim.

I’m happy to go all the way and follow your exact defence template when we reach a county court claim.

I’m doing the popla appeal now. What’s the best option for Popla appeal under? I see 5 options, I believe these 2 are most fitting.

1) I was not the driver or the registered keeper of the vehicle at the time of the alleged improper parking.

*You bought the vehicle after the alleged improper parking.
*You sold the vehicle before the alleged improper parking.
You hired a car, but were not the hirer at the time of the alleged improper parking.
*You were not the driver at the time of the alleged improper parking.
You provided the driver's details, but the parking company continued to pursue you.

Supporting evidence may include
*Evidence confirming the date the car was purchased or sold
*Evidence that someone else was driving the car at the time of the alleged improper parking

2) (Other grounds for appeal. Appeals based solely on the following grounds for appeal are less likely to be successful)
Other
*You will need to provide reasons why you are appealing your parking charge.

Supporting evidence may include
*Any evidence to support your reasons for appeal

Thanks
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: b789 on December 27, 2025, 06:46:14 pm
Here is one you can use but don't hold your breath for POPLA to uphold it. Where this is going to be won is if they try to litigate with a county court claim. I can assure you with greater than 99.9% certainty that any claim made that is defended with the template defence we provide, will eventually either be struck out or discontinued.

Quote
POPLA APPEAL – EURO CAR PARKS (ECP)
PCN number: [insert]
Vehicle registration: [insert]
Date of event: 13/11/2025
Location: Shell – Newport (1 Malpas Road, Newport, Wales, NP20 5PA)

I am the registered keeper of the vehicle. I am appealing as keeper only. The driver will not be identified.

1. No keeper liability – the Notice to Keeper is not compliant with PoFA 2012 Schedule 4 (including failure of 9(2)(e)(i))
Euro Car Parks is attempting to hold the registered keeper liable. That is only possible if, and only if, the Notice to Keeper fully complies with all mandatory requirements of Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). There is no concept of “partial” or “substantial” compliance. If the statutory conditions are not met, keeper liability does not arise and liability (if any) remains only with the unknown driver.

This Notice to Keeper is not PoFA-compliant. In particular, it fails PoFA paragraph 9(2)(e)(i).

PoFA paragraph 9(2)(e) requires a Notice to Keeper to: (i) state that the creditor does not know both the name of the driver and a current address for service for the driver, and (ii) invite the keeper to pay the unpaid parking charges.

The wording on this Notice does not “invite the keeper to pay” the unpaid parking charges. Instead it tells the keeper that if they were not the driver they should provide the driver’s full name and address and pass the notice to the driver, and it threatens that if the keeper does not provide the driver’s details the operator may pursue the keeper. That is a request to identify the driver (and a threat), not the statutory invitation to the keeper to pay.

Parliament deliberately used the phrase “invite the keeper to pay” in PoFA 9(2)(e)(i). A notice that omits that mandatory invitation and replaces it with a demand for driver details is not compliant with PoFA. As a result, Euro Car Parks cannot rely on PoFA to transfer liability from the unknown driver to the registered keeper.

POPLA is therefore invited to allow the appeal on this ground alone.

2. No evidence of the required period of parking – time on site is not parking and Parliament used the word “parking” deliberately

Even if POPLA were to consider the allegation on its merits (which is not necessary given the absence of keeper liability), the charge is not proven because Euro Car Parks has not evidenced any “period of parking”.

PoFA uses the term “period of parking”. Parliament did not use “time on site”, “period on site”, “length of stay”, or similar. This distinction matters. A vehicle can be on a site for a period of time without being parked for that entire period.

Euro Car Parks relies on ANPR camera timestamps. The Notice to Keeper shows only an entry time (09:48:27) and an exit time (10:49:13) and asserts “Time in car park: 1 hour(s) 1 minute(s)”. That is not a period of parking. It is merely the time between two camera captures at the perimeter.

ANPR entry/exit timestamps inherently include non-parking time, including but not limited to time spent driving in, locating a bay, manoeuvring, waiting due to congestion, reading signage and deciding whether to stay, and time spent leaving and queuing to exit. None of that is parking. Euro Car Parks has produced no evidence identifying when the alleged parking period started, when it ended, or whether the vehicle was parked continuously at all.

Euro Car Parks is put to strict proof of the actual period of parking and evidence supporting it. If the operator’s evidence is merely ANPR entry/exit times, then the statutory concept of a “period of parking” has not been evidenced and the allegation is not made out. POPLA cannot substitute “time on site” for “period of parking” because Parliament did not.

The charge must be cancelled because Euro Car Parks has not proven the alleged breach.

3. Mandatory consideration period and grace period not evidenced and not capable of being correctly applied when the operator relies Euro Car Parks relies on ANPR to calculate “length of stay”. That approach cannot properly measure parking time. It also fails to show that mandatory time allowances were applied.

Rules require a consideration period at arrival to allow a motorist to locate and read signage and decide whether to stay, and a grace period at the end of parking to allow time to leave. These are separate concepts and must be applied separately. Where an operator relies on ANPR camera time, the operator must demonstrate with a transparent calculation that any alleged overstay remains after those required periods are accounted for, and that the calculation is based on parking time rather than camera time.

Euro Car Parks has not produced any calculation or evidence showing how it applied these required periods at this location on the material date, nor how an alleged overstay is said to exist after they are applied to the actual period of parking. In the absence of such proof, the allegation is not established and the charge must be cancelled.

4. Inadequate signage – no proof of prominent terms capable of forming a contract
The keeper disputes that the driver agreed to any contract with Euro Car Parks. This is a petrol station environment with mixed use, including use of the UPS Q Locker. Any contractual terms seeking to impose a £100 charge must be prominently displayed, clear, and readable before parking. The operator must prove that the driver had a fair opportunity to read and understand the terms, including the charge amount, prior to any alleged contract.

Euro Car Parks has not provided sufficient evidence of:
a) the entrance signage as seen by a driver on approach and entry
b) the full wording of the terms, including how any maximum stay is defined and when the timing starts/ends
c) the prominence and legibility of the £100 charge on the signage
d) a dated site plan and photographs showing where signs are positioned in relation to where vehicles can park and in relation to the UPS locker area
e) lighting conditions at the relevant time and whether signage was readable

In the absence of strict proof that the terms were prominently conveyed, no contract can be established and the charge must be cancelled.

5. No proof of landowner authority – Euro Car Parks must evidence every requirement in PPSCoP section 14.1(a) to (f)
Euro Car Parks has not produced definitive proof that it has authority from the landowner (or a party with sufficient interest in the land) to operate at this site, issue parking charges, and pursue them.

The Private Parking Single Code of Practice requires written authorisation and specifies what that authorisation must evidence. Euro Car Parks is put to strict proof by producing evidence that satisfies all requirements of PPSCoP section 14.1(a) to (f), including:
a) the identity of the landowner or the party with sufficient interest in the land
b) the exact land to which the authorisation applies, with clearly defined boundaries
c) the start date, end date and duration of the authorisation and confirmation it was in force on the material date
d) the scope of the operator’s authority and what enforcement activity is permitted
e) the operator’s authority to issue charges and pursue them in its own name
f) any conditions, exemptions, or restrictions governing enforcement

A generic witness statement, summary letter, or heavily redacted agreement does not provide definitive proof of authority. Unless Euro Car Parks produces evidence addressing all of PPSCoP 14.1(a) to (f), POPLA must find that landowner authority is not proven and the charge must be cancelled.

6. Failure to consider mitigation and vulnerability – breach of PPSCoP Annex F
Although POPLA may state it does not assess mitigation, the operator is required to consider it. Annex F of the Private Parking Single Code of Practice requires operators to act fairly and to consider vulnerability and serious health circumstances when making decisions on enforcement and appeals.

Euro Car Parks was informed that the appellant has been hospitalised with severe diverticulitis, including repeated admissions and significant cognitive impairment affecting their ability to deal with correspondence and deadlines. There is no evidence that Euro Car Parks gave any meaningful or fair consideration to those circumstances. Failure to do so is a breach of PPSCoP Annex F and demonstrates unreasonable and unfair operator conduct.

POPLA is invited to take this breach into account when assessing the overall propriety of Euro Car Parks’ enforcement.

7. ANPR reliability and data integrity not proven
Euro Car Parks relies on ANPR. The operator must prove that the ANPR system is accurate, properly maintained, correctly synchronised, and that the images and timestamps are reliable.

Euro Car Parks is put to strict proof of:
a) maintenance, calibration and audit records for the ANPR system for the period around the material date
b) evidence that the system clock was accurate and synchronised
c) the full ANPR log for this vehicle on the material date to rule out missing reads or double-dip errors
d) evidence of appropriate manual checks before issuing the charge

If Euro Car Parks cannot provide strict proof of reliability and integrity, the allegation is not proven and the charge must be cancelled.

Conclusion
Euro Car Parks cannot transfer liability to the keeper because the Notice to Keeper fails PoFA, including a clear failure to comply with PoFA 9(2)(e)(i) (no statutory invitation for the keeper to pay). In any event, Euro Car Parks has not proven a “period of parking”, relying instead on ANPR camera timestamps which only show time on site and cannot evidence parking. Euro Car Parks has also failed to prove compliance with mandatory time allowances, failed to prove adequate signage capable of forming a contract, failed to provide definitive proof of landowner authority as required by PPSCoP 14.1(a) to (f), failed to consider vulnerability as required by PPSCoP Annex F, and failed to prove ANPR reliability.

I respectfully request that POPLA allows this appeal and directs Euro Car Parks to cancel the parking charge.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on December 27, 2025, 05:58:11 pm
Would someone be kind enough to draft popla appeal for me please?

Not an excuse but I’ve genuinely been hospitalised with severe diverticulitis. Second time hospital stay since last weekend, got discharged Tuesday 23rd afternoon and back in on Wednesday 24th evening. My body not responding to treatment and they still want to keep me in a few more days before I get discharged. I’m so badly brain fogged I don’t know even know where to start.

Sorry to ask and thanks in advance if you can help.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: b789 on December 26, 2025, 07:48:13 pm
You actually have 33 days from the date of the initial appeal rejection. DO a search of the forum for some recent POPLA appeals and get a feel for how they should be put together and show us what you have before submitting anything so we can provide any necessary edits.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on December 26, 2025, 06:52:05 pm
I think I have 28 days to appeal to popla. Please can someone help me with a copy and paste draft so I can log appeal with popla.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: jfollows on December 18, 2025, 04:02:47 pm
Reply #4:
Quote
Initial appeal won't work but you may then be able to persuade a moronic POPLA assessor that you are not liable as the Keeper.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Brenda_R2 on December 18, 2025, 03:52:04 pm
Entirely expected - don't panic  :)

Just follow the advice you receive from other much more wise posters than I and you won't pay a penny.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on December 18, 2025, 03:46:07 pm
I have received a response for rejection of internal appeals today in my email.

Please find pdf attached in the link below.

https://ibb.co/HT0xnNSR
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: b789 on November 23, 2025, 03:51:39 pm
Just send it anyway. I is not going to make one iota of difference to the outcome. If you are really feeling desperate to send an appeal, post it first class and just get a free proof of posting certificate from any post office.

I can't believe we are having all these posts about a poxy ECP appeal which will be rejected anyway.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on November 23, 2025, 03:20:55 pm
Also where it states “Please note we do not accept appeals from this form. Click here to lodge an
appeal” when I click on “here” (hidden link) it takes me to the initial appeal where I said character count doesn’t show.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on November 23, 2025, 03:17:25 pm
Thank you b789
I thought it would be worth asking to see what your thoughts were. Appreciate the reality check.

I clicked on contact us link, I do see the upload but it does state on there that they will not accept any appeals through this form. Please see screenshot.

https://ibb.co/NgZW5wjb
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: b789 on November 23, 2025, 02:17:46 am
Use their “Contact us” form and upload the appeal as a pdf file.

https://www.eurocarparks.com/enquiry/

You are showing a naivety that will not serve you well in this process. Do not imagine for one moment that there is some reasonable person going to actually review your appeal. The initial appeal will NEVER be successful.

They see the low-hanging fruit on the gullible tree a mile off. Write what you want if you think that wasting your time and effort will make a difference. Please don’t come back later and tell us how disappointed you are.

You’ve asked for advice and it has been given. This will almost certainly end up as a county court claim issued by DCB Legal. If you defend the claim with the advice we provide, you won’t pay a penny. Or, if you want, try it your way.

Just do a search of the forum for any ECP PCN.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on November 22, 2025, 09:48:29 pm
ECP appeal portal is purposely difficult to navigate. Now on the appeal section it doesn’t show my character count and neither lets me paste the whole section. The paste stops at “ Your NtK can only hold the driver liable. ECP have no”

After this it won’t allow me to write anything further. Please advise @b789.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: jfollows on November 22, 2025, 05:27:58 pm
Use the appeal as written.

People who amend suggested appeals from @b789 usually shoot themselves in the foot in the process.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on November 22, 2025, 05:21:41 pm
Forgot to mention to you b789.

I know you said copy and paste this appeal to ecp and no need to edit. However I was thinking if it’s better
to polish the appeal so it doesn’t seem harsh to attain higher appeal acceptance rate?

While I totally agree the NtK doesn’t fully comply. You know what people are like nowadays, the person reviewing the appeal might take it personally and reject it despite knowing it doesn’t fully comply so why not give me the pleasure of headache by dealing through POPLA appeal since they also got nothing to lose. Correct me if I’m wrong.

Maybe I’m thinking too much I’m sorry for asking and no disrespect Intended in any way.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on November 22, 2025, 05:07:19 pm
Thank you b789.

I will copy and paste this directly to ECP appeal portal on their website. When I hear back from them I will copy and paste the reply here.

As for POPLA I have lost all hope for any fair dealing as a lack of common sense from their moronic accessors as you rightly mentioned. I know this from a previous appeal experience.

Thanks to all.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: b789 on November 22, 2025, 02:44:15 pm
Initial appeal won't work but you may then be able to persuade a moronic POPLA assessor that you are not liable as the Keeper. If that doesn't work, you will have to ignore all the useless debt recovery letters you will receive and the eventual county court debt claim. However, I can guarantee with greater than 99.9% certainty that if you follow the advice you receive here and defend with the template defence, the claim will eventually be either struck out or discontinued.

If unsuccessful at POPLA, expect the whole process to take 9-12+ months. To start you just need a simple appeal to ECP and when rejected you can make a more detailed appeal to POPLA.

There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

Quote
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 registered 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.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on November 22, 2025, 02:32:53 pm
Please read and act on https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/, which includes a link on how to post images here.

Thank you jfollows that’s exactly what I ended up doing. Seen your reply after I posted the photo links.
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on November 22, 2025, 02:30:44 pm
I’m sorry I’m finding it difficult to add photos of PCN.

I managed to use a host to upload photos for viewing. Sorry things have changed since I last been here.

https://ibb.co/8gRGr9MX
https://ibb.co/FCTzxS0
Title: Re: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: jfollows on November 22, 2025, 02:26:16 pm
Please read and act on https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/, which includes a link on how to post images here.
Title: EURO CAR PARK OVERSTAY SHELL PETROL STATION
Post by: Mocede28 on November 22, 2025, 02:24:39 pm
Hello to all.

I hope you are all good and well.
I’ve not had good luck recently and been issued in the post today 22/11/25 a letter as follows in the screenshot.

Truth is I didn’t realise the petrol station was monitored by euro car parks. I actually came here to
Drop a UPS parcel as it’s the only Q locker access point in Newport. Asked lady on till in shell, I have an ups parcel to drop off and where the lockers are, she said I need to park at the back and the lockers are there. I found the lockers but after drop off in the lockers it wouldn’t provide a drop off receipt via text or email despite following the on screen instructions. Waited a few mins and still no receipt. Since it was evening I thought I’ll wait till morning. So the next day ( day of PCN) I attended there again to see if I scan the photo of label and get my receipt, still no help so I rang UPS on the spot and it took me one hour to settle this on the phone and then i left after it was resolved. It was a £1400 iphone 17 pro max I was posting hence I was desperate for the drop off receipt.

I appreciate any help or questions.

Kind regards