Author Topic: Euro Car Parks - Alexandra Palace - No valid payment-permit was purchased - 06 March  (Read 57 times)

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almep13

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Good evening Forum members,

This redacted NtK was received today with a date of issue indicated as 13 March 2024.

The alleged contravention was for not purchasing a valid payment-permit at Alexandra Palace.

The passenger in the car is disabled and holder of a blue badge and was attending a free event organised by the BBC. Its website was indicating before the event that there was free parking for disabled blue badge holders on first come first served basis and that the traffic marshals will direct the cars. Unfortunately, that link is not showing up any longer, because the event is in the past.

Upon the entrance into the car park the driver stopped by the traffic marshal querying if there was free parking available for blue badge holders and they were directed by the traffic marshal to park on the left of East Court entrance. The car park was almost full

The blue badge holder noticed no signage to indicate that any parking restrictions applied or that the car was entering an ANPR monitored car park.

Upon receipt of the NtK, the disabled Blue Badge holder looked up the parking at Alexandra Palace and it appears that Blue Badge holders are entitled to free parking, but validation on site is required or emailing parking@alexandrapalace.com. Neither the BB holder, nor the driver were aware of such details, hence they just parked displaying the BB and timer disc on the dashboard only to find out that a NtK has been issued.

The BB holder emailed to parking@alexandrapalace.com earlier this evening indicating the circumstances, more or less as above.

I'm attaching links to the PCN, both pages, and I would appreciate your views. There are no pictures of signages at the site at this moment, but hopefully will be available later this week.

https://ibb.co/yytQWFd
https://ibb.co/C8Vy8RN

Thank you for taking your time to read this.

P.S. Forgot to mention that the BB holder provided evidence of the ticket at the event and copies of the BB to parking@alexandrapalace.com.

Kind regards,

Almep13
« Last Edit: March 18, 2024, 10:42:34 pm by almep13 »

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b789

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The NtK fails PoFA 9(2)(e)(i) in that the wording fails to “invite” the keeper to pay the charge. Whilst there are plenty of other reasons to fight this PCN, at this stage, only the keeper must respond and the driver should not be identified.

As the OP is in the process of Plan A, querying the PCN with the landowner/business that has contracted ECP, there are several legs to appeal on for Plans B and C. I or others will no doubt interject on this thread to highlight those options/arguments.

H C Andersen

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The PCN looks to be compliant with the conditions which, as a matter of law, would allow the creditor to pursue the keeper for the charge in the event that it remains unpaid and the PCN is not cancelled.

If there is consensus on this point then other than for the addressees' details there would seem to be no reason to redact any other info.

OP, are you the RK or are you acting on somebody else's behalf?

There are no pictures of signages at the site at this moment, but hopefully will be available later this week.

How so and from where? The RK would be most unlikely to get these from the creditor.

Would anyone be able to return to the site to take photos of signs etc. if required? Indeed, were the signs on the day of a temporary or permanent nature?

b789

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Whilst the NtK “looks to be compliant”, in my opinion, it fails on this point:

9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must

9(2)(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper

(i)to pay the unpaid parking charges;

As ECP state in the NtK, they can only rely on keeper liability if they comply with the applicable conditions of PoFA. Had they included the words “You are now invited to pay the charge...”. They didn’t.
« Last Edit: March 19, 2024, 10:02:27 am by b789 »

almep13

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@b789 and @H C Andersen,

Thank you very much for your prompt and detailed responses, I appreciate. Apologies for the late response.

The BB holder received an email earlier today by the landowner's administration team, parking@alexandrapalace.com, apologising for the experience at their car park, confirming exemption of parking in the future at their car park as well as request to ECP to cancel the PCN. Hopefully, the cancellation will take place soon and I'll keep you posted.

Thank you once again for your time and have a nice evening.

Kind Regards,

Almep13

DWMB2

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Good result! Keep hold of that email just in case.

Quote
Hopefully, the cancellation will take place soon and I'll keep you posted.
Euro Car Parks may or may not bother letting you know (after all, sending a letter costs them money with no prospect of any gain). One common tactic for checking a charge has actually been cancelled is to go on the website as if you are going to pay and see if the PCN comes up. Wait a few days before doing this to give them time to actually cancel it.

almep13

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Thank you DWMB2 for the suggestion, I appreciate it.

Have a good evening.

Almep13