Hello,
I've received a Parking Charge Notice from Euro Parking Services, which I've attached.
I've searched the forum and appealed using the recommended text, quoting PoFA, as the keeper.
They've rejected the appeal and I've attached their answer.
What do you guys advise in this situation?
Thank you, I appreciate you helping people like me.
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The Notice to Keeper says period of parking is 3min 56sec. The notice is not PoFA complaint and therefore they cannot hold the Keeper liable. Only the driver and they have no idea who that is unless the Keeper blabs it, inadvertently or otherwise.
They have provided absolutely no evidence that the driver emailed longer than the minimum consideration period and therefore they cannot evidence that any contact was entered into.
Please confirm that you have not identified the driver and only appealed as the Keeper.
You can appeal to POPLA and point out their failure to fully comply with all the requirements of PoFA and therefore you cannot be liable. You will have to lead the POPLA assessor by the nose as to why their NtK is not PoFA compliant and use an analogy such as this to hammer it home:
Just as you cannot be partially or even mostly pregnant, an NtK cannot be partially or even mostly PoFA compliant. It is a binary matter. It either is or it isn't and you can show why because PoFA 9(2)(a) has not been complied with. They were obliged to record a "period of parking" that exceeded the minimum consideration period and they didn't.
So, not PoFA compliant and no contract could have been formed. Have a search for other POPLA appeals and build one around one of those. Show us before you send anything. You have 33 days from the appeal rejection date to submit a POPLA appeal.
Hi,
Thank you for your reply.
Under the period of parking it does state the exact time from and to that equals the 3m 56s, I just wiped it out as it's near the photos of the car. I don't see any info about the minimum consideration period, what is that?
I can confirm that I have appealed as the keeper and not the driver.
Thanks
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Yes... however, the minimum consideration time is 5 minutes! Don't overthink this.
I feel like there's nothing against them.
It's not like a normal car park, it's a small fast food car park and they don't even have the option to pay as it's a patrons and customers only car park. I've went and took a photo of the signs (attached). It states that it's for customers only while they remain on the premises. The driver left the car and they have photos and maybe videos of it.
If there are no other flaws in their NtK, you reckon I should play the 5 minutes card with POPLA? They didn't provided me with a POPLA code in the rejection letter by the way. In the usual car parks if you want to pay, the machine will tell you that it's been under the minimum preset time so no need to pay but this is not the case.
Thank you!
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You are overthinking it. I you want to continue to do so, then please study the PPSCoP first and then come up with better thoughts!
BPA/IPC Private Parking Single Code of Practice (PPSCoP)Annex B is the section that applies with reference to section 5.1 and 5.2.
Suffice it to say that the PCN is nothing more than a speculative invoice for an alleged breach of contract by the driver. The operative word is "contract". A contract by conduct cannot be entered into unless the driver has had an opportunity to consider the terms and conditions of that contract.
The PPSCoP requires the operator to allow a minimum consideration period before deciding to either accept this e terms and park or leave. The minimum consideration period is 5 minutes (it may be longer). Unless the operator can evidence that a contract was entered into, which can only be done if they can evidence that the vehicle was parked for longer than that minimum consideration period, then they cannot prove that a contract was ever entered into in the first place.
So, the Keeper received an invoice because they allege that the driver breached the contractual terms and conditions. There is no evidence that the driver did so, therefore the invoice (the PCN) is invalid.
Do you still want to argue the point?
Check the appeal rejection letter. The POPLA reference number should be in the header at the top of the letter.
Hi, thank you for your reply.
I have looked and still can't find the POPLA number. No 10 digit number in the header or anywhere else. Do you think the missing number something we can use as an advantage?
I have studied the PPSCoP but the problem is:
The consideration period may end earlier than the times prescribed in Annex B
where there is evidence that the driver has, accepted the terms and conditions applying
(whether or not they have chosen to read them) which may for example be evidenced by
the driver parking the vehicle and leaving the premises
which the driver did and they have proof of that.
Thanks a lot for your time!
Euro Parking Services are an IPC member, so there is no POPLA. Instead it's the useless IAS.
Well, in that case, do you have any other advice on how to go forward in this matter? The 14 days of discount have passed and paying £100 for 5 minutes of parking doesn't sound good.
Is Euro Parking Services doing it right, or we can find some flaws in their PCN?
Thanks
Euro Car Parks use DCB Legal who try to frighten you into paying by initating the court process, but will discontinue when you stay the course. Lots of other cases posted here. You will get help at each step in the process.
Just wait until you get a formal Letter of Claim and come back when you do.
It's not Euro Car Parks, it's Euro Parking Services, I don't think it's the same company.
Any other advice for me, guys?