3. Euro Car Parks are trying to reinstate a cancelled ticket
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Re: Euro Car Parks are trying to reinstate a cancelled ticket
« Reply #15 on: »
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.
Although it doesn't particularly affect the approach, for clairty, most of said bumf would seem to have been included:
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Re: Euro Car Parks are trying to reinstate a cancelled ticket
« Reply #16 on: »
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. 
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Re: Euro Car Parks are trying to reinstate a cancelled ticket
« Reply #17 on: »
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. 
« Last Edit: July 08, 2025, 09:20:40 pm by wetenhr »
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  3. Euro Car Parks are trying to reinstate a cancelled ticket