Author Topic: Overstay Parking St Nicholas Street Weymouth Euro Car Parks  (Read 758 times)

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Hello.

I have received an NTK from Euro Car Parks

It has images of my van entering the car park at 11:30:54 and leaving at 14:44:30
I paid for 3 hours and they say the permit purchased does not cover the 3hours 14minutes I was there.
I have the ticket I paid for which is timed from 11:36 to 14:36
On the day I was well aware of the time I had paid until and returned by 14:36 and moved my vehicle, but obviously had not vacated the car park.
I was not aware on entry or exit of ANPRs and thought I was paying for parking, not access to the car park.
I have sent a letter using a template from MSE. [ Guests cannot view attachments ] [ Guests cannot view attachments ] [ Guests cannot view attachments ]

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Re: Overstay Parking St Nicholas Street Weymouth Euro Car Parks
« Reply #1 on: »
I don't know where you got that rubbish appeal from but it certainly isn't the current advised appeal on MSE.

Can you see an obvious problem with your appeal?

Quote
...I decline your invitation to name the driver, which is not required of me as the keeper of
the vehicle.

...5. It did take me some time to maneuver [sic] into a suitable parking space, read the charges and decide how much to pay for.

A classic case of blowing your foot off by inadvertently naming the driver.

Anyway, it doesn't matter. As long as you follow the advice you receive here, you won't be paying a penny to ECP. This will be a protracted affair and will go all the way to a county court claim. However, it will never get as far as a hearing and will either be struck out or discontinued.

So, do you want to fight this and not pay a penny to ECP?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Overstay Parking St Nicholas Street Weymouth Euro Car Parks
« Reply #2 on: »
LOL :D

Yes, I wish to fight this.


Re: Overstay Parking St Nicholas Street Weymouth Euro Car Parks
« Reply #3 on: »
If or when there is a CC hearing, where would that take place?

Re: Overstay Parking St Nicholas Street Weymouth Euro Car Parks
« Reply #4 on: »
If or when there is a CC hearing, where would that take place?
It won’t take place if you follow advice here.

Technically it will be at your nominated local court, but the case will be discontinued before the claimant has to pay the court fee.

Re: Overstay Parking St Nicholas Street Weymouth Euro Car Parks
« Reply #5 on: »
There won't be a hearing. The claim will never get that far.

For now, all you can do is wait for the appeal rejection from ECP. It won't be worth appealing to POPLA but you may as well do so, just make ECP pay the £30 fee for an assessment.

Come back when you receive the appeal rejection.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Overstay Parking St Nicholas Street Weymouth Euro Car Parks
« Reply #6 on: »
My course of action
  • Wait for rejection by ECP
  • Appeal to Popla as it will cost ECP
  • Then return here
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Thank you, I will do as suggested and return presently.
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Re: Overstay Parking St Nicholas Street Weymouth Euro Car Parks
« Reply #7 on: »
I have now received my rejection, so onwards to Popla.

An interesting side note, my name on the correspondence is incorrect, they have obviously got it from the DVLA who made a mistake.

EG I am christened Dave*, but people persist in correcting it to David, including the DVLA on my logbook, so ECP have called me David on the letter. They have middle and last name correct.

Is this of importance.

* I am not called Dave, thats just an example.

Re: Overstay Parking St Nicholas Street Weymouth Euro Car Parks
« Reply #8 on: »
If your legal name is, for example, "Dave" and not "David," then the mistake in the letter could matter. Legal documents should use your correct name, especially if they claim to be official or binding. If the name is wrong, it raises questions about whether the notice was properly addressed to you, whether they’ve identified the right person, and whether the notice was validly served.

If the DVLA made the mistake and the parking company relied on that, it doesn’t excuse them. They’re still responsible for making sure they’re pursuing the correct person. This kind of error could support your argument that they’ve been careless or haven’t followed proper procedures.

You could use the name issue to show a pattern of sloppy administration, especially if you’re already pointing out other problems like PoFA non-compliance or poor paperwork. You might also ask them to correct your name in future letters to show you’re serious about accuracy.

On its own, the name mistake probably won’t cancel the claim. But combined with other issues, it helps show they’re not being careful or thorough.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Overstay Parking St Nicholas Street Weymouth Euro Car Parks
« Reply #9 on: »
Thank you for the advice.

I have appealed to POPLA and shall return in due course.

Re: Overstay Parking St Nicholas Street Weymouth Euro Car Parks
« Reply #10 on: »
I appealed to POPLA. TBH I made scant effort at the appeal as I assumed the only value was costing Euro Parks £30.
A couple of weeks later I was notified by POPLA that Euro Parks  had withdrawn and no further action necessary. I have heard nothing from Euro Parks.

Thank you for your help, it would all to easy to pay and “just move one” or be intimidated by Euro Parks, but you gave me the support I needed.

Thank you again.
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