Free Traffic Legal Advice

Someone I know has Recently joined a new gym and has been 7 times now in the last 2 weeks without realising they have to enter their reg at the desk inside for parking. Only yesterday they have had 3 letters come through all with a £60 fine, assuming they will now get another 4 come through. They Tried contacting the gym but they say it’s nothing to do with them and appeal to Euro car parks. Anyone know what their appeal process is like? They are happy to pay one of the fines or even the first 3 but seems unfair to have to pay 7 upfront before any warning. Thanks!

The driver has parked here 7 times for the gym  and has received 3 charges with assuming 4 more on the way. This car park is for the gym but the driver didnt log the reg plate at the desk.

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They are not "fines". They are speculative invoices for £100 each with a "mugs discount" of 40% if you make the operators life easy by not nothing to fight it. The invoices are issued because, according to the operator, the driver breach a contract.

You should tell your friend to cancel their membership a the gym if they won't intervene to get the PCNs cancelled.

The only advice I can give you right now is that if your friend Ofers to pay one of them then they will be seen as being liable for all of them. If they follow the advice we give here, they won't be paying a penny to ECP.

Tell your friend to appeal each PCN, only as the Keeper, without revealing the identity of the driver. Appeal each PCN individually.

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:

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.

The appeals will be rejected but they can then try POPLA and, if/when that fails, they will eventually go to litigation and that is where they will be won.

Replying to b789‘s reply: if the appeal is taken to POPLA the letter states the opportunity to pay the reduced fee is gone and the full amount (£100) will have to be payed. I suppose its a risk that may have to be taken and weighed up. What are the chances of it ending with ECP?