Free Traffic Legal Advice

Thank you for your assistance b789.

Unfortunately I did not see your suggested initial appeal before submitting my appeal but I'm happy to say that my appeal was successful. I highlighted the importance of the Equality Act 2010 and the Disability Discrimination Act 1995 and that reasonable adjustments should be made for disabled individuals. Also, since a season ticket had been renewed for the vehicle as the reminder email had been missed (new email account set up), Kent County Council had suffered no material losses.

I also stated that I will also be contacting the Department for Levelling Up, Housing and Communities as I am aware that they are currently implementing the Parking (Code of Practice) Act 2019 which includes the development of an independent Code of Practice for private parking companies.

I hope this helps other people!

EXTRACTED TEXT:

PARKING CHARGE NOTICE INFORMATION On 26/06/2024 the vehicle: xxxxxx entered Pegwell Bay Country Park Sandwich, at 09:04; :01 and departed at 09:35:30 on 26/06/2024. The vehicle was parked at Pegwell Bay Country Park- Sandwich, Sandwich Road, Ramsgate, Kent, CT12 5JB. On 26/06/2024 you were the registered keeper of the vehicle xxxxx or you have been named by the registered keeper as the driver/hirer at the time of a breach of the terms and conditions of parking as set out in the signage, the Parking Charge is now payable to Euro Car Parks (as the Creditor) We are using the cameras to capture images of vehicles entering and leaving the car park to calculate their length of stay, The signage, which is clearly displayed at the entrance and throughout the car park states that this is land owned and controlled by Kent County Council, the car park is managed by Euro Car Parks and sets out the terms and conditions of the car park by which those who park in the car park agree to be bound. The Parking Charge Notice xxxxxx has been issued as the vehicle was in breach of the terms and conditions set out in the signage and is now payable to Euro Car Parks Ltd (as the Creditor) If you were not the driver at the time the Parking Charge Notice was issued, please provide full name and address of the driver in writing and pass the notice on to the driver. If you are a vehicle hire firm and the vehicle was hired out at the time the parking took place, please let us know and provide us with a Copy of the hire agreement and a copy of a statement of liability signed by the hirer under that hire agreement. If after 28 days beginning with the day after that on which this notice is given, the Parking Charge Notice has not been paid in full, we may pursue you for any Parking Charge amount that remains unpaid Failure to make payment may result in additional costs being incurred through debt recovery and/or court action where further charges will be added Failure to respond to this notice may lead to civil court action to recover the Parking Charge Notice. Non-payment of a Court Order may adversely affect your credit rating. KEEPER DETAILS AND DATA PROCESSING Under regulations 27 of the Road Vehicles (Registration and Licensing) Regulations the DVLA may release information from its vehicle register to any person who demonstrates 'reasonable cause' to have the information available to them. Circumstances incorporated in the pursuance of the Parking Charge Notice issued to the vehicle The Parking Charge Notice has been issued for the reasons explained, therefore giving Euro Car Parks purpose tO apply to the DVLA for details of the registered keeper. For further information on how Euro Car Parks process data please visit our website: www.eurocarparks.com

WHAT HAPPENS NEXT Once payment for your Parking Charge Notice has been made successfully either online, via telephone or by post, the case will be closed All appeals, complaints and transfer of liability may only be submitted online, in writing and must be received within 28 days from the date of our initial correspondence If your appeal is successful, you will be advised in writing. Appeals received within 28 days will be held at the rate applicable, if the appeal is rejected the rate applicable will be held for a further 14 days If your appeal is rejected, you will be provided with details and a reference number for the Independent Appeals Service (POPLA). Please note that POPLA will not accept an appeal if you have not appealed to Euro Car Parks Ltd in the first instance,. Please also note that you can either pay or appeal the Parking Charge Notice. You cannot do both. If you log an appeal to POPLA, you will lose the option to pay the reduced amount.
TK.KCCO3/23

Please visit www.eurocarparks.com to appeal online or write to Appeals Department, Euro Car Parks Ltd, 30 Dorset Square, London, NW1 6QJ

Apologies b789. I've edited the image as requested.

Here is the email correspondence from the county council with the name of the employee removed:

"Good Morning,

Thank you for your email.

Unfortunately,  it is customers responsibility to ensure that they make note of when their season ticket is due to expire and make sure that this is correct. I can confirm that as per our Terms and Conditions which are agreed to at the time of booking a season ticket, we state ‘Season tickets do not automatically renew. It is the responsibility of the holder to reapply before expiry’. I have also attached the Terms and Conditions above.


All of our Kent Country Parks are monitored by Automatic Number Plate Recognition cameras, with clear signs informing visitors that parking charges apply and failure to purchase a pay & display ticket or hold a valid season ticket may result in a fine being issued by Euro Car Parks.

If you believe the fine issued to you by Euro Car parks has been issued in error, please appeal it direct with Euro Car Parks via the appeals procedure, details of which can be found on the reverse of the fine letter.


Kind regards,


Apprentice Business Support Assistant"


I know that the county council own the land but I'm not sure if it's covered by a "Parking Order". Is that information in the public domain? If so, how can I find out? There is no mention on the front or back of the PCN of PoFA 2012? How would I know if it is PoFA compliant? The driver has not been identified.

Thank you for your assistance.