Author Topic: Retail Park Overstay at Goodmayes Ilford  (Read 861 times)

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Retail Park Overstay at Goodmayes Ilford
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Hello Everyone, Received the following NTK by post over an overstay at a retail park in Goodmayes Ilford.

https://drive.google.com/file/d/1mizPCFHrueKrf9zLHm6YdpkFPWYk0zye/view?usp=sharing
https://drive.google.com/file/d/1T2opK8sRMpJnnAIIRdhOh939n430Plxz/view?usp=sharing


Following in the location of the retail park.


https://www.google.co.uk/maps/@51.5672005,0.1164689,3a,75y,56.71h,84.22t/data=!3m7!1e1!3m5!1s65ScnpC2RArVx8d3SYE8_w!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D5.77660417193232%26panoid%3D65ScnpC2RArVx8d3SYE8_w%26yaw%3D56.71433187673948!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI0MTEwNi4wIKXMDSoASAFQAw%3D%3D

The driver went to the retail park with family, did monthly shopping at different stores and then ate dinner at Nando's within the retail park. Total time stayed 3 hours 48 mins. It never occurred that a retail park with variety of stores might have a time restrictions on the site. Parking is free however total limit is 3 hrs max.
Given the variety of stores and restaurant, it is not unconceivable that someone might stay there more than three hours, and it was in the evening.

Unfortunately only the restaurant cash receipt can be accessed via loyalty programme to prove that driver just didnt park the vehicle there and went somewhere else.
The cash receipts from other stores had been thrown away and no proof is there to substantiate the time stayed.

Is there any way this can be appealed?

This parking notice seems genuinely unfair and extortionate.

Any help appreciated, thanks.

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Re: Retail Park Overstay at Goodmayes Ilford
« Reply #1 on: »
Plan A is to always try and get whoever contracted ECP to manage the car park to get it cancelled. If it is a large retail park, then the landowner will use a managing agent to contract ECP. The best way to find the managing agent is to check the big advertising plinth  near the entrance to the retail park. Usually, new the bottom of that plinth are the details of the managing agent.

A polite complaint to them that you have been unfairly issued a Parking Charge Notice (PCN) for being a patron can often do the trick. It is always useful if you can evidence expenditure but not essential.

If that doesn't get you anywhere, this is what will happen... whether you appeal to ECP or not and if if you do, and it is rejected (it will be) and then try POPLA (which will also be rejected), this will end up as a county court claim. That is a good thing. Why? Because, as long as a claim is defended, they will eventually discontinue and that will be the end of the matter.

IN over 99% of these claims, they discontinue before they have to pay the trial fee or the claim is struck out or, in the extremely rare case where it actually goes to a hearing, it is won. This is the known modus operandi, certainly for any private parking operator that uses DCB Legal as their solicitor, and ECP is no exception.

The only thing you need to be aware of is that you need to ignore all the debt collector letters that come your way in the meantime. You can safely ignore all debt collectors as they are powerless to do anything. Use their letters as kindling or to line the bottom of a litter tray. We do not need to know about them and you must ignore them.

When a Letter of claim (LoC) is issued or the actual claim arrives, we will advise on how to respond and provide the defence to the claim.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Retail Park Overstay at Goodmayes Ilford
« Reply #2 on: »
Many thanks for the detailed advice. It seems from the sign, pls see below, that the car park is managed by the Euro Car park themselves, and there is no other managing agent!

https://drive.google.com/file/d/1eEYZ8DGVWQ6jjrVi9spP2Idej2jGbyHv/view?usp=sharing

Does it mean, there is no point sending them a complaint?

Will it help if any of the store (i.e. Nandos) within the retail park is contacted to help in this issue?

Thanks.

Re: Retail Park Overstay at Goodmayes Ilford
« Reply #3 on: »
It is exceedingly unlikely that ECP own the land. It is the land owner or their managing agent you should seek out.

Re: Retail Park Overstay at Goodmayes Ilford
« Reply #4 on: »
That is a car park contractual sign. You need to go back to wherever you were and check the advertising plinth for the site management company. I can guarantee that ECP have been contracted by the landowner or their agent to manage the car park.

The landowner or their agent are jointly and severally liable for the actins of their agent (ECP) and can, if they want, get ECP to cancel the PCN. If they say they can't, you have to question who is the Organ-grinder and who is the Monkey in their contractual relationship.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain