Author Topic: PCN from Euro Car Parks for Norton Street in Manchester  (Read 741 times)

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PCN from Euro Car Parks for Norton Street in Manchester
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The registered keeper has received a PCN for an overstay of 13 minutes. The driver made an honest mistake and got lost on the way back to the carpark, being unfamiliar with the area. The period covered is from when the driver entered the car park. The ticket was purchased 3 minutes later. Is this worth appealing? Or can you give me any other advice?

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Re: PCN from Euro Car Parks for Norton Street in Manchester
« Reply #1 on: »
Please post up the PCN the RK has received.

If the total time is 13 min over on ANPR in / out times, then this should be within the 5 min consideration + 10 min grace periods.

Re: PCN from Euro Car Parks for Norton Street in Manchester
« Reply #2 on: »
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Re: PCN from Euro Car Parks for Norton Street in Manchester
« Reply #3 on: »
Please post up the PCN the RK has received.

If the total time is 13 min over on ANPR in / out times, then this should be within the 5 min consideration + 10 min grace periods.

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Re: PCN from Euro Car Parks for Norton Street in Manchester
« Reply #4 on: »
If the total time is 13 min over on ANPR in / out times, then this should be within the 5 min consideration + 10 min grace periods.
That's not how they work. The consideration period is the time in which a driver may consider the terms on offer, and choose to leave if they so wish. If a driver chooses to park, it doesn't automatically get added onto the grace period to give you a total of 15 minutes overstay.

A better argument might be around time taken to pay etc.
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Re: PCN from Euro Car Parks for Norton Street in Manchester
« Reply #5 on: »
Please post up the whole of the PCN showing both sides redacting ONLY personal info.

Re: PCN from Euro Car Parks for Norton Street in Manchester
« Reply #6 on: »
Sorry, here’s the whole PCN

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Re: PCN from Euro Car Parks for Norton Street in Manchester
« Reply #7 on: »
So, as per normal, The Euro Car Parks NtK is not PoFA complaint so they cannot transfer liability to the keeper.

Re: PCN from Euro Car Parks for Norton Street in Manchester
« Reply #8 on: »
So, as per normal, The Euro Car Parks NtK is not PoFA complaint so they cannot transfer liability to the keeper.

Thank you, could you explain a bit more what that means and what action the RK should take?

Re: PCN from Euro Car Parks for Norton Street in Manchester
« Reply #9 on: »
We can come up with a short and simple appeal to the operator which will almost certainly be rejected.

We can then make a more substantive appeal to POPLA.

Re: PCN from Euro Car Parks for Norton Street in Manchester
« Reply #10 on: »
Thank you for your PCN / NtK which I received yesterday.

I write purely as the Registered Keeper.

As I understand it, the vehicle driver is not known to Euro Car Parks Ltd?

Since there is no legal requirement to do so, I will not be providing any driver details to an unregulated parking operator.

No assumption can be drawn from me simply exercising my legal right.

Having examined the NtK, I can see that it fails to comply with PoFA 2012 Schedule 4 Paragraph 9(2)(e) - in this instance the legally required section of mandatory wording and subsequent two limbed legal choice is clearly not present in the NtK - this is immediately fatal to your reliance on PoFA in order to invoke keeper liability since total compliance is required.

The options are therefore reasonably simple;

Cancel the PCN

OR

Waste further cash and provide me with the POPLA appeals information / codes etc.


I am sorry that I cannot help you further.

Best wishes,

xxxxxx xxxxxxx