Author Topic: Euro car park - Fullwell cross Leisure centre.  (Read 5249 times)

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Re: Euro car park - Fullwell cross Leisure centre.
« Reply #30 on: »
Great.

Hashim

Re: Euro car park - Fullwell cross Leisure centre.
« Reply #31 on: »
Good afternoon Intercity125

Have you had time to draft a response yet!.

Also received a response from Redbridge council as follows:

Date: 10 February 2026

Dear Mr Oomerjee

Thank you for your complaint received on 23 December 2025.

The matters you raise have been considered and the response is set out below:
The London Borough of Redbridge is the freehold owner of the land comprising Fullwell Cross Leisure Centre.

However, the leisure centre and its associated car park are demised under a long lease to Vision - Redbridge Culture & Leisure, a charitable company. Under that lease, Vision has exclusive possession and control of the premises, including responsibility for the operation and management of the car park.

The car park is operated as an ancillary facility to the leisure centre and is not managed or enforced by the Council under its statutory traffic management or civil parking enforcement powers. No Traffic Regulation Order applies to the site, and the Council does not exercise day‑to‑day control over parking at this location.

For clarity Vision - Redbridge Culture & Leisure operate as a wholly independent entity with its own Board of Management. In the circumstances, Vision is free to make its own arrangements in respect of the management of its car parks.  The car park is not operated by the Council as a traffic authority parking place.

On the basis of the lease arrangements in place, Fullwell Cross Leisure Centre car park is not excluded land for the purposes of Schedule 4, and it is therefore open to the occupier to operate parking management arrangements under private law, including reliance on Schedule 4 where the statutory conditions are met.

Vision has appointed Euro Car Parks Ltd to provide parking management services at the site, insofar as the Council can ascertain they are legally entitled to do so.

The Council is satisfied that the operator is not asserting keeper liability on land which is statutorily excluded from Schedule 4.

There is no evidence before the Council that DVLA data is being obtained or processed in an improper or misleading legal basis at this location.

Your request for the correspondence to be shared with Legal Services and the Monitoring Officer has been noted, and this response fulfils that request.

In summary:

The car park at Fullwell Cross Leisure Centre is not operated by the Council as a traffic authority parking place.
The land is not excluded from Schedule 4 of the Protection of Freedoms Act 2012.
Private parking enforcement arrangements at the site are capable of being lawful, subject to compliance with the applicable statutory and regulatory requirements.
I trust this clarifies the Council's position.

I regret that you felt it necessary to complain and am grateful you took the time to bring these concerns to our attention.  I hope our response has now answered and resolved the concerns you raised.

I trust that we have dealt with your complaint satisfactorily.  If, however you are not satisfied with our explanation, in some circumstances we may consider a request that your complaint is considered as a Stage 2 Review. You will need to:
provide detailed information as to why you are unhappy with our Stage 1 response
provide detailed information and evidence as to why you feel your complaint has not been answered in our Stage 1 response
provide detailed information as to the outcome you are seeking from raising a Stage 2 review
A request for a Review should be made within 20 working days. In some circumstances, we may not escalate your complaint, however, we will write to you giving our reasons for this.

A senior manager will be appointed to review your complaint, and we will write to tell you the outcome of the Stage 2 Review within 20 working days.

If you would like your complaint reviewed, please respond to this email


Yours sincerely


[REDACTED]
Business Improvement Manager
London Borough of Redbridge



www.redbridge.gov.uk
@RedbridgeLive
www.facebook.com/Redbridge
« Last Edit: February 10, 2026, 12:00:56 pm by DWMB2 »

Re: Euro car park - Fullwell cross Leisure centre.
« Reply #32 on: »
I find that the Council's response is contradictory and seems to be an attempt to get around the 'relevant land' issue.

Schedule 4 Paragraph 3(1)(b) specifically excludes "a parking place which is provided OR controlled by a traffic authority"

The council's response ONLY deals with the 'controlled' part of the legislation.

'Vision - Redbridge Culture & Leisure' are still a company under the umbrella of Redbridge Council.

Our argument is that the car park is still 'provided' by the council (or it's direct subsidiary).

The council's response does not deal with BOTH legs of the legislation.

The legislation clearly sees both aspects as important otherwise the wording would only state 'a parking place controlled by a traffic authority' - therefore the word 'provided' must have a specific meaning which differs from the meaning of 'controlled'?


Re: Euro car park - Fullwell cross Leisure centre.
« Reply #33 on: »
So where do we go from here. 

Re: Euro car park - Fullwell cross Leisure centre.
« Reply #34 on: »
Wait on POPLA.

Re: Euro car park - Fullwell cross Leisure centre.
« Reply #35 on: »
Thanks.

Re: Euro car park - Fullwell cross Leisure centre.
« Reply #36 on: »
Good Morning.

I have received the following communication from POPLA:

Dear Mr Oomerjee,

Your parking charge appeal against Euro Car Parks - EW.

Euro Car Parks - EW has now uploaded its evidence to your appeal. This will be available for you to view by clicking here

Please note: some evidence may not show immediately, if it is not currently available on your account please check back later before contacting us.

You have seven days from the date of this correspondence to provide comments on the evidence uploaded by Euro Car Parks - EW.

Please note that these comments must relate to the grounds of appeal you submitted when first lodging your appeal with POPLA, we do not accept new grounds of appeal or evidence at this stage

Any comments received after the period of seven days has ended will not be considered and we will progress your appeal for assessment. Therefore, if you have any issues with the evidence uploaded by Euro Car Parks - EW such as being unable to view it online, please contact POPLA immediately via phone - 0330 1596 126, or email - info@popla.co.uk, so that we can look to rectify this as soon as possible.

After this period has ended, we will aim to issue our decision as quickly as possible. The decision we reach is final and binding. When the decision is reached there is no further option for appeal.

Yours sincerely

POPLA Team

ET6114/003


This is the link to view this document.

https://drive.google.com/file/d/1PU-UADmNgY3CRiHLm8W4CZ0o-s5We4LR/view?usp=sharing


What's next.......

Thanks

Hashim

Re: Euro car park - Fullwell cross Leisure centre.
« Reply #37 on: »
You need to construct a response in which
  • you point to any points you made in your appeal, but which have been ignored by ECP in their response are effectively points that they agree with
  • for other points made by ECP, you challenge them because if you don’t you imply that you agree with them
I have not myself read your attachment(s) but someone else who does may have more observations.

Re: Euro car park - Fullwell cross Leisure centre.
« Reply #38 on: »
I cannot access the document.

Re: Euro car park - Fullwell cross Leisure centre.
« Reply #39 on: »
Please try now as I have lifted the restrictions

Re: Euro car park - Fullwell cross Leisure centre.
« Reply #40 on: »
Perfect - all visible now.

I have quickly read through their submission.

Have only read quickly but it appears to me that they never address the issue of it being a Council owned car park??

They mention it but they do not address your assertion that PoFA cannot apply.

Will read it over again once I get time.

The NtK is not PoFA compliant anyway - we can address that when we comment on their evidence.

Re: Euro car park - Fullwell cross Leisure centre.
« Reply #41 on: »
Comments on Euro Car Parks evidence.


The parking operator has not addressed the matter of 'non relevant land' - the car park is Council owned and as such PoFA cannot be applied in this location as a Council constitutes a traffic authority.

The operator briefly acknowledges that my appeal contains the above point but, rather oddly, their response never rebuts my assertion - instead the operator seemingly deviates away from the specific appeal point and starts talking about signage - as a result the non relevant land issue appears to be deliberately avoided.



Once again the operator asserts that the NtK is PoFA compliant when it is not.

In order to be compliant the NtK must contain specific text and legal choices as specified by Schedule 4 of PoFA.

In this instance, the requirements of Schedule 4 Paragraph 9(2)(e) are not satisfied by the operators NtK.

To be compliant, the requirements of 9(2)(e) can only be met if a specific paragraph is placed in the NtK which should read as follows;

------------------------------------------------------------------------------------------------------
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 required paragraph is clearly missing from the operators NtK.

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 legal choice which 9(2)(e) requires.

The Euro Car Parks NtK never states the 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 presents the two legged legal choice which para. 9(2)(e)(i) and 9(2)(e)(ii) requires.

If the required mandatory wording and subsequent legal choice is present on the NtK then, I would ask that either Euro Car Parks or the POPLA assessor point out the required statutory wording?

In order to rely on PoFA, all requirements of Schedule 4 Paragraph 9(2) must be met - the wording is not subjective, it is 100% objective in nature.

The missing wording is immediately fatal to the operators case.
« Last Edit: February 11, 2026, 02:52:13 pm by InterCity125 »

Re: Euro car park - Fullwell cross Leisure centre.
« Reply #42 on: »
Thank you.

I will now respond with the comments that you have supplied to POPLA.

Hashim
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Re: Euro car park - Fullwell cross Leisure centre.
« Reply #43 on: »
Sorry for the previous post regarding Debt recovery. it was a mistake on my part. That was relating to another incident which should have been cancelled a while ago.


Sorry about that...

« Last Edit: February 19, 2026, 06:53:06 pm by Hashim »

Re: Euro car park - Fullwell cross Leisure centre.
« Reply #44 on: »
@Hashim Generally ignore debt collectors. They are powerless. HOWEVER, that seems to relate to a parking charge from UK PCM (Parking Control Management), so it seems to be from another parking charge at a different place.

If you didn't get a NTK, you should get in touch with them (UK PCM, not Trace) asking what it's about, ask for proof of posting, etc...

Would suggest opening up a new post for that one.