Free Traffic Legal Advice

I couldn’t add an attachment so have copied the text.

From ECP:

Further to your email received
a further
investigation has been completed, and I can now confirm the following:
• PCN
/ VRM -
• Vehicle Entry -
• Vehicle Exit -
• PCN Contravention - Your vehicle has overstayed the maximum time period allowed
The PCN was issued on the
at Sainsburys
- Out of Hours for "Your vehicle has overstayed the maximum time period allowed"
Notice to keeper was forwarded on
No payment was made or an appeal logged within the 28 days' time period and a Final Notification Letter was issued on
No payment was made and the PCN has been transferred to a debt recovery agency.
Please note appeals should have been made within 28 days from the date of the Parking Charge Notice or Notice to Keeper/Owner. As no appeal was submitted within this time frame - we are unable to accept your correspondence as this Parking Charge Notice has now been passed to a debt collection agency.

I can confirm that Euro Car Parks have not received correspondence from Sainsburys regarding the above parking charge notice.
This site is 2 hours maximum stay, the vehicle was parked on site for a duration of 2 hours, 28 minutes.
The site is private property and signage on entrance within the private car park clearly set out the rules and regulations of the site and the tariffs (if applicable). By entering the site, parking and leaving the vehicle the driver has accepted the "contract" and therefore if the driver fails to comply with the terms and conditions a parking charge notice will be correctly issued.
Signage on site is quite clear in its intent and clearly sets out the rules and regulations of The Site and the tariffs (if applicable). By entering The Site, parking and leaving the vehicle the driver has accepted the
"contract" and therefore if the driver fails to comply with the terms and conditions as stipulated on the signage a parking charge notice will be correctly issued.
Please be advised that there are a number of signs around the car park indicating the restrictions of the site and it is the responsibility of the driver to read them when parking.
Euro Car Parks offer a space management system, and therefore it is imperative that the terms and conditions are adhered to at all times.
In regard to your GDPR query, I have passed it to the Data Protection Officer, who will respond in due course.

The debt is now with the debt collection agency, and any further correspondence would need to be forwarded to them direct.
Kind Regards,
Customer Services


From ECP regarding the GPDR request:

Thank you for your correspondence regarding your request under Article 17 of the UK General Data Protection Regulation (GDPR) 2018, which provides individuals with the right to request the erasure of their personal data in certain circumstances.
We have carefully reviewed your request and the information we hold about you. After thorough consideration, we must inform you that your request for erasure has been declined. This decision is based on the fact that your right to erasure does not override our legitimate interests as a car park management company. It remains necessary for us to continue processing your data to ensure you adhered with the terms and conditions of the car park, which you agreed to when using the facility.
Furthermore, we are obliged under HMRC (Inland Revenue) guidelines to retain certain information for statutory purposes, such as records relating to payments for a minimum period of six years to comply with financial and tax regulations.
Please note that the right to erasure under Article 17 is not absolute. It applies only in specific situations, such as where data is no longer necessary for the purposes for which it was collected, or where consent has been withdrawn and there is no other lawful basis for processing. In this case, our processing remains lawful and necessary under the legitimate interest basis and for compliance with legal obligations.
For further guidance on the scope and limitations of the right to erasure, you may find the following resource helpful:
https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/individual-rights/individual-
rights/right-to-erasure/
If you are dissatisfied with this outcome and wish to raise a complaint or escalate the matter, you may contact the Information Commissioner's Office (ICO) using the link below:
https://ico.org.uk/make-a-complaint/
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IBCSC
Euro Car Parks Limited Registered in England No. 1270612
Registered Office: 30 Dorset Square, London, NW1 6QJ
A member of ECP (Holdings) PLC Group
Should you require any additional information or clarification, please quote the reference number provided in the subject line of this email (GDPR Ref ART17-20251114-15) in all future correspondence.
Kind regards,
Data Protection Officer
ECP


From Sainsbury’s:

Thank you for your email and the information requested.
I am sorry that Euro car parks have not cancelled your parking charge notice at the stores request.
I have escalated this to the relevant teams within Sainsbury to ensure the parking charge notice is cancelled
I will be back in contact with you once I have confirmation that this has been processed.
In the meantime, should you require any further assistance, please do not hesitate to contact me on the details below.

Thank you! Those are incredible letters, fantastically written. I will send the emails on, and I will keep this post updated with the outcome.

I do hope that there isn’t any negative come back on the store manager who did the cancellation, as it isn’t their fault that this has happened, although I presume that they are authorised to make the decision to do the cancellations, so hopefully any come back is on euro car parks!

Good evening,
In Early September I received a Notice to keeper / Parking charge notice from Euro Car Parks for overstaying 20 minutes in a Sainsbury’s. Honestly - I misunderstood the timings, and thought it was out of hours but clearly wrong.

I spoke to the Sainsbury’s and the manager told me that she would cancel the ticket, I emailed her all details and didn’t hear back.

A month longer I got a reminder from Eurocar parks. I spoke to Sainsbury’s again, and this time got an email back from the store manager confirming that the ticket has been cancelled.

I’ve now received a letter from a debt collection company with a bill for £155. I spoke to them by phone, they told me that the euro car parks had received the request to cancel from Sainsbury’s but that it had been declined. However this wasn’t ever communicated to me. The debt collection company told me that my right to appeal has now lapsed, so my options are to either pay, or refuse to pay, in which case it will go back to Eurocar parks to decide to either take me to court or not.

Is there anything that I can do, or have I lost my opportunity now due to time lapsed?

Apologies I don’t have the letters to hand, as middle of renovating so everything is packed but I’ll get them all all dug out tonight and posted if that would help.

Thanks in advance