3. Messages

Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - wetenhr

Pages: [1]
1
Private parking tickets / Re: Euro Car Parks are trying to reinstate a cancelled ticket
« on: July 08, 2025, 09:17:19 pm »
Am pleased to update that ECP have cancelled the PCN.  A pretty short letter to say the appeal has been accepted and the ticket cancelled. 

Many thanks for the help I received with this.  Another win for the consumer…

R

PS here’s a funny one.  I checked out the case you mentioned where the judge rejected outright the idea that “on the balance of probabilities, X must have been the driver”.  Would you believe the judge in question was at school with me - checked his photo etc and it’s for sure the same guy.  Quite a coincidence. 

2
Private parking tickets / Re: Euro Car Parks are trying to reinstate a cancelled ticket
« on: May 01, 2025, 10:01:20 am »
Quote from: b789 on May 01, 2025, 09:54:46 am
They cannot simply embed a POPLA code within a notice. They are required to include a load of bumf explaining how POPLA works and other rubbish.

Regarding trying "...to con a Court that the driver must have been the Hirer." is a non-starter for them. Have a read of there persuasive appellate case of VCS Limited v Ian Mark Edward (2023) [H0KF6C9C] where the judge says in his conclusion:

"...it is consistent with the appropriate probability analysis whereby simply because somebody is a registered keeper, it does not mean on balance of probability they were driving on this occasion, because one simply cannot tell."

Precisely. 

3
Private parking tickets / Re: Euro Car Parks are trying to reinstate a cancelled ticket
« on: May 01, 2025, 09:07:53 am »
Thanks HC, and noted.  Let’s see what their next step is if any.  I am taking b789’s route of a preemptive complaint and complaint to DVLA, anyway.  But I take the point that the fact they sent me a letter cancelling their claim doesn’t mean it’s game over. 

I will post the original Notice to Hirer here when I lay my hands on it.  However, it does seem to me that they are short of a party to sue, if it comes to that. 

They don’t know who the driver is. 

They have contacted the RK, who’s given them details of the Hirer.  The RK is off the hook, so ECP would now hope to place liability with the Hirer.  But as I understand it, there are quite a few actions they need to take to establish the Hirer as liable, and they have not failed to do several within the prescribed timeframe - most notably they have not provided the documents required under POFA. 

So their hope now must be to establish who the driver was or try to con a Court that the driver must have been the Hirer.  There are several people who could have been the driver so it’s a high bar for them to clear. 

I had overlooked the point about POPLA verification codes - it seems to be placed carefully so it’s easily missed, as several of us did - and there is nothing else in the letter to reference it. I wouldn’t want to rely on POPLA though. 

4
Private parking tickets / Re: Euro Car Parks are trying to reinstate a cancelled ticket
« on: April 30, 2025, 11:22:20 am »
Quote from: H C Andersen on April 30, 2025, 10:19:18 am
Have you posted the notice you received from them?

As regards 'Had a ECP ticket back end of last year.  They’ve contacted me as Keeper (the car is a lease vehicle).' there's no such thing.

If anything, they contacted you as 'Hirer'.

'Hirer' is not a synonym for 'keeper'. It's 'hirer' and hirers can be held liable just as keepers can.

Personally, I don't think their slip would be fatal considering that within the same letter they notified you:

That payment was still due and how to pay;
You had a right to appeal to POPLA;
In general, the action they would take if you did not.

Anyway, the POPLA option is out so they can either take legal action* or not.

The ball's in their court.....and will be for up to 6 years.

* Against the driver or the registered keeper(depending upon their situation) or you as hirer, if they're stupid enough given their failure to comply with PoFA.

My error.  You’re right, it was a notice to Hirer.  I was confusing myself.  But nonetheless, as I understand it they made multiple procedural failings that prevent them from establishing Hirer liability. 

But the key point is that, whatever the merits or otherwise of the hirer liability, they clearly cancelled the PCN in their January letter, and are now trying to reinstate it.  I thought that’s not right or fair, and will write to them now in the strong terms suggested by b789. 

5
Private parking tickets / Re: Euro Car Parks are trying to reinstate a cancelled ticket
« on: April 30, 2025, 11:11:36 am »
That is a very full response, for which many thanks. 

I’ll follow the guidance as you outline.  I hadn’t realised any of the other points you’ve raised re data protection etc, so that’s further grist to the mill. 

Will post back here if they respond again. 

Best regards, R

6
Private parking tickets / Re: Euro Car Parks are trying to reinstate a cancelled ticket
« on: April 30, 2025, 07:55:04 am »
Apologies for being slow to upload info. 

I don't have the original PCN letter (Notice to Hirer) to hand, though I will post when I locate it.  As you will see from the appeal letter, though, they failed to provide any of the other information they are required to give me (notice to hire company, statement from the hire company, copy hire agreements, statement of liability etc).  It was just a PCN letter. 

Attached are:

1. The letter of appeal against the PCN, using some fairly standard recommended language.  Sent January for a letter received in December. 
2. The rejection of appeal letter from ECP, with the cancellation language at the bottom of Page 1.  Note no POPLA code offered, and most of the questions I raised were not addressed. There is some wording here about POFA but it isn't relevant to the points raised in my letter and they couldn't invoke keeper liability
3. The recent letter stating there had been an administrative error. 

As I locate any other paperwork I will forward on.

No admission has been made concerning the driver.

[ Guests cannot view attachments ]

7
Private parking tickets / Euro Car Parks are trying to reinstate a cancelled ticket
« on: April 29, 2025, 07:38:46 am »
Had a ECP ticket back end of last year.  They’ve contacted me as Keeper (the car is a lease vehicle).

Contested it as there were plenty of technical reasons they got the notices wrong.  Anyway they hadn’t done what they needed to invoke keeper liability and didn’t know who the driver was, etc.   

Wrote to them to point all this out and got back a letter denying everything and saying my appeal was rejected etc.  But at the bottom of the letter they put in a phrase “The Parking Charge Notice has been cancelled, however any further Parking Charge Notices issued for the same reasons will not be cancelled.”

End of story? No,about six weeks later I get another letter demanding payment.  I wrote back to say the ticket was already cancelled and they have now replied to say this was an “administrative error” on their part! They still want paid…

Since they’ve previously said they’d cancelled it, is that game over for them, admin error or no?  I would like to write back and say “I’ve previously pointed out you have no case, and you cancelled the ticket - which I accepted.  You cannot reinstate the ticket.”  But am I right to say that?

Pages: [1]