Free Traffic Legal Advice

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.

Yes... however, the minimum consideration time is 5 minutes! Don't overthink this.

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.

Euro Parking Services are an IPC member, so there is no POPLA. Instead it's the useless IAS.

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.

Good point, thanks.