Author Topic: Parking Charge Notice Euro car park -Fullwell Cross Leisure Center  (Read 1333 times)

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Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure Center
« Reply #15 on: »
Don’t understand why you have added the last two paragraphs. They are nothing to do with an appeal. Maybe use them as a separate complaint but I’d remove them from the appeal.

They’ve already obtained the keepers details with reasonable cause.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure Center
« Reply #16 on: »

Thank you to everyone who helped. Euro Car Parks (ECP) has rejected my appeal for the following reasons and provided options and have given me the Unique POPLA Verification Code. Please advise on what to do next:


"The Site: Fullwell Cross Leisure Centre - Ilford

Breach of Terms and Conditions:
No valid pay and display/permit was
purchased

Having carefully considered the supporting evidence provided by you, Euro Car Parks (ECP) have
decided to reject your appeal for the following reasons:
 The Site is operated by Automatic Number Plate Recognition (ANPR) system. ANPR
cameras have captured an image of the vehicle registration mark LK63VBZ entering and
leaving The Site and calculated the duration of stay.
 When purchasing a pay and display ticket or mobile payment session, payment is required for
the full duration of your stay and for the full and correct vehicle registration mark. Signage at
the site clearly details the terms and conditions that you must adhere to.
 After checking the providers mobile payment and/or pay and display machine audit reports for
your stay there are no transactions for the vehicle registration mark.
 Please be advised that members must register their full name and correct vehicle registration
details via the console on site. The Parking Charge Notice was issued correctly as the driver
has failed to follow the correct procedure on this occasion. I have investigated and your VRM
is not on the console on this day and no payment has been made for parking therefore the
Parking Charge Notice was issued correctly and remains payable. Please find the
attachment.
 Euro Car Parks do not need to provide evidence of who was driving the vehicle, it is the
registered keeper’s responsibility to inform of the full name and address within 28 days
beginning with the day after the notice was given. If the full amount remains unpaid, under
Schedule 4 of the Protection of Freedoms Act 2012 (‘the Act’), Euro Car Parks have the right
subject of the Act to recover from the keeper of the vehicle at the time it was parked so much
of that amount which remains unpaid, therefore, the notice was issued correctly and remains
payable.
 If you were not the driver, please provide a UK serviceable address with full name of the
driver to col@eurocarparks.com, in order to process a change of liability on your behalf. If

C1 MB
such information will not be provided, the notice will remain payable with you as Registered
Keeper.
The parking charge notice has been issued correctly and remains payable.
Please use one of the following options below to make payment for the amount of £60.00:
1. Online: By visiting https://www.eurocarparks.com/pay-a-parking-charge/
1. Phone: Use the automated telephone service 0203 553 4559.
2. Post: Make your cheque payable to Euro Car Parks Limited (include a £2.50 handling charge
for cheque processing) and post to Euro Car Parks Ltd, 30 Dorset Square, London, NW1
6QJ, quoting the PCN number on the reverse of the cheque.
The parking charge notice will be held for 14 days from the date of this letter to allow time to make
payment.
You have now reached the end of our internal appeals procedure.
You can make an appeal to the Independent Appeals Service, POPLA (Parking on Private Land
Appeals) using the unique POPLA Reference code provided above. Please note, should you decide
to appeal to POPLA, or if you appeal to POPLA and your appeal is subsequently rejected, the option
to pay the discounted amount will no longer be available and the Full Amount of the PCN will be due.
Please note - if the parking charge notice was issued in Scotland and or Northern Ireland, only “The
Driver” can appeal to POPLA.
If you decide to appeal to POPLA, you will need to visit the website, www.popla.co.uk where further
details of how to appeal (either online or by downloading the relevant forms) can be found. If the
driver is unable to access the website, please use the contact us page at
https://www.popla.co.uk/contact. Please ensure that the POPLA Reference Number as noted above is
quoted on all correspondence to POPLA. You have 28 days from the date of this letter to submit an
appeal to POPLA. If you appeal to POPLA, the parking charge notice will be placed on hold.
Appeals may not be accepted if payment is made against the Parking Charge Notice, including any
appeals logged via POPLA.
If you choose to ignore this letter, we will seek to recover the outstanding amount owed to us through
the debt recovery process and procedure, this may lead to court action against you.

By law, we are also required to inform you that the Ombudsman Services (www.ombudsman-
services.org) provides an alternative dispute resolution service that would be able to assist with your

appeal. Please note, we have not chosen to participate in their dispute resolution service and as such,
should you wish to appeal then you must do so to POPLA, as detailed above.
Yours sincerely

PCN Coordinator
Parking Charge Notice Department"

Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure Center
« Reply #17 on: »
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.
All irrelevant to your eky appeal point, delete.

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.
Fails the common sense test, they already have the data, they are processing it and have every right to at this moment in time, not sure where you got this drivel from but that's what it is.
There are motorists who have been scammed and those who are yet to be scammed!

Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure Center
« Reply #18 on: »
You're a bit late, Rookie. The appeal has already been sent and rejected (presumably sent without the extraneous stuff about the DPA, as b789 wisely advised removing this).

OP, your next stop is POPLA. Your appeal to them should ideally be more detailed, leading the assessor through each point explicitly.

Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure Center
« Reply #19 on: »
Can you please help or guide me with appeal templates? Is there any example I can look at?

Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure Center
« Reply #20 on: »
Grounds for Appeal:

in my case 1 and 3 or i should  other points as well ?

1.  Major Keying Error:

The PCN is likely due to a major keying error. I have attached a copy of my store receipt dated [date] as evidence that I was a legitimate customer at the car park around the time of the alleged offense. This demonstrates that the registration number captured by the ANPR system may not be accurate.

2.Unclear Signage: The car park lacked prominent, clear, and legible signage at the entrance and throughout. This made it difficult for drivers to understand the parking regulations and could have easily led to confusion regarding registration entry.  If possible, I can provide photos or descriptions of the unclear signage to further support this claim.

3.Missing Information on Notice to Keeper (NtK): The NtK fails to comply with the Protection of Freedoms Act 2012 (POFA) by not including crucial information. Specifically, it lacks evidence of the period the vehicle was allegedly parked. This omission weakens the operator's case significantly.

4. Landowner Authority: While I acknowledge this point may not be as strong as the previous ones, I would like to inquire about the operator's authority to issue parking charges at this location.  If they cannot provide sufficient evidence of lawful authority from the landowner, the PCN should be cancelled.

Re: Parking Charge Notice Euro car park -Fullwell Cross Leisure Center
« Reply #21 on: »
Nope.

Make a list of the points you intend to appeal on, remembering that POPLA willingly consider posts of law or breaches of the BPA CoP. Things such as PoFA failures that mean only the driver can be liable (assuming you haven't "outed" yourself as the driver), signage issues such as lack of prominence or unreadable terms and so on, does the PPC have a valid contract with the landowner to issue PCNs in its own name and so on.

List those points saying you are appealing on those posts and then go through each point n detail, pointing out which paragraph of the CoP or PoFA was not complied with. There are links to the applicable CoP and PoFA in the signature of posts by @DWMB2.

You are expected to put some effort into this yourself. We will try and steer you in the right direction but don't expect everything to be handed to you on a platter. There is plenty of available information on the internet and you should use your favourite search engine to assist.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain