Free Traffic Legal Advice

Hi, hope you can help. Driver was in the car park to pick up kids from swimming lessons at Fullwell Cross Leisure Center, Ilford.   

I, the registered keeper, received a PCN through the post a £60 parking charge notice from Euro Car Parks.

Driver registers the car reg using the computer screen at reception inside the center

but after talking to reception their view is driver might have entered the wrong number plate or it didn't go through and offered no help.

Can you help and guide what to do? Thanks.

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Thanks for spotting - OP please reattach with info redacted as above.

Appeal only as the keeper... it'll be refused. Appeal to POPLA, only as the keeper, to include the fact that ECP has not complied with all the strict requirements of PoFA 2012, namely 9(2)(e)(i) in that there is no invitation for the keeper to now pay the charge, in that NtK.

Add all the usual POPLA appeal points.

they confirmed there's a record  in the swim class on that day and time

Does that record include confirmation of the vehicle's VRM and confirmation that the driver registered the vehicle? If not, then it's unlikely to constitute evidence that the driver complied with the terms of parking. Are the leisure centre the landowner? If so, you should try to politely pressure them into intervening, rather than throwing you to the lions that they hired!

Photos of the signage might be useful for later down the track, too.

OP, you posted:

but after talking to reception their view is driver might have entered the wrong number plate or it didn't go through and offered no help.

Please take us through the registration process step-by-step.


See page 11 here: https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/Version91.2.2024Highlight.pdf

Major and minor keying errors.

Bear in mind that the 'invitation to driver to pay' defence has a chequered history at POPLA - it will be rejected by ECP, bank on it - and therefore a 'minor keying error' must result in cancellation of the PCN by ECP, and 'major' to a reduction in the charge to £20 for 14 days after ECP respond but revert to the full charge thereafter.

Let's take the latter example and depending on the specifics which gave rise to such an error, why would anyone want to risk £80 at POPLA given the less-than-certain outcome?






IMO this is not as black and white as is suggested.

I think the above is useful context, so that the OP (and others in similar situations) go into things with their eyes open, knowing there might not be a quick fix if they plan to fight it.

(as an aside, are ECP issuing claims again these days [albeit oft-discontinued]? They went very court shy for a period)

(as an aside, are ECP issuing claims again these days [albeit oft-discontinued]? They went very court shy for a period)

Yes. Whilst ECP never used to be litigious, they now use DCB Legal to try and scare their victims into funding their scam.

For single PCN claims, DCB Legal will never proceed to a hearing as long as the defendant uses a robust defence as per the template we suggest. It is a numbers game for them. Out of the tens of thousands of claims they issue every month, there are enough that result in the low-hanging fruit capitulating and even more that end up as CCJs in default for them not to bother with any that are robustly defended.

Can you please check my draft appeal? Does it look fine or should I amend it?

I appeal as the keeper of the vehicle. The driver, on the date in question, was authorized to park at the location as they were patrons of the leisure center, as evidenced by [provide evidence].

The driver made their best endeavors to comply with the system and entered the vehicle details, and can only think the iPad/device signal/software failed, which is out of the driver’s control.

Your NtK failed to fully comply with the strict requirements of PoFA because you failed to include the required invitation for the keeper to pay the charge as required in PoFA 9(2)(e)(i). There is no legal obligation for me to name the driver, and I will not be doing so. Please cancel this PCN and save us both time and money, or issue me a POPLA code where you will have it confirmed that you cannot hold me, the keeper, liable.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offense, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all, and you must consider this letter a Section 10 Notice under the Data Protection Act. You are required to respond in writing to the address below within 21 days. I have kept proof of submission of this appeal and look forward to your reply.