3. NtK - Euro Car Parks
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Re: NtK - Euro Car Parks
« Reply #15 on: »
Okay, I've reread it a few more times and I think I understand now.

They don't invite me to pay it. They say that I'm "liable" if the driver doesn't pay, or say they have a right to "recover" the costs. They don't actually ask me to pay the fine do they?

So this is the crux of their problem and it is this issue that makes it non compliant?

Thanks so much for your help.
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Re: NtK - Euro Car Parks
« Reply #16 on: »
Please stop referring to it as a "fine". A poxy, ex-clamper, unregulated private parking company is not an 'authority' of any kind that can issue "fines" or "penalties".

It is nothing more than a speculative invoice for an alleged breach of contract by the driver. Do not dignify them with the idea that their PCN is a "fine".

As for the failure to "invite" the Keeper to pay the charge, there can be no implied obligation. They either invite the Keeper to pay or they don't. In this case, they don't.

Many operators include something like this to overcome the issue:

Quote
You are now invited to:

(i) Pay the charge; or
(ii) Provide the drivers name and address for service and pass this notice to them.

They have chosen not to do this.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: NtK - Euro Car Parks
« Reply #17 on: »
IMO, it is certainly arguable that 9(2)(e)(i) has not been complied with in this case.

As for substantial compliance not being sufficient, IMO case law is against this view. But this shouldn't prevent the keeper arguing the 'invitation' point at POPLA. But if this is done, then IMO the reason for its inclusion and the effect of its omission should be referred to.
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Re: NtK - Euro Car Parks
« Reply #18 on: »
Hi,.I've just realised the POPLA appeals date passed 10 days ago. Am I completely screwed now? What will their next steps be and what can I do in the meantime?

Thanks.
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Re: NtK - Euro Car Parks
« Reply #19 on: »
You just ignore all the debt recovery letters you are going to receive. Debt collectors are powerless except to try and persuade the low-hanging fruit on the gullible tree to pay up out of ignorance and fear.

Eventually, you will receive a Letter of Claim (LoC). When you do, come back and we will advise further.

No one who follows the advice pays a penny to ECP.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: NtK - Euro Car Parks
« Reply #20 on: »
Thanks for all the advice provided this far. I'll be back.
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