Euro Car Parks - then Debt Recovery Plus Ltd

[mulcahyms]

hi there, wonder if someone can help. I have read some threads but believe my case may be slightly different...so please read on :-)

My wife got a Parking Charge when parking over the 3 hours at Solent Retail park in Havant. We contested it as there weren't sufficient signage in the area that my wife parked. This was ignored by Euro Car Parks and we went to POPLA and the case was dismissed, so ECP are now after their money. My wife has since received a letter from DRP asking for £150 (not sure why it seemed to increase by £50) and threatening the usual stuff.

Does the fact that I have gone to POPLA mean that they have a case? Also, we have never said that it was my wife driving, so they are writing to her as the registered keeper of the car.

Any advice welcome.

Also, if it did go to court, what would the implications of this be if their case was won? Would this go against my wife's credit record?

Many thanks

[ostell]

Re: Euro Car Parks - then Debt Recovery Plus Ltd

So edit your post so that the driver cannot be inferred. You can ignore DRP, they're debt collectors.

So post up the original PCN, pictures of the signs (though I know they are quite reasonable but others might spot something) and you appeal to ECP and POPLA, redacting personal and identifying details.

POPLA quite often make ridiculous decisions where the assessors work on what they think the law is rather than actual.

If it does get to court AND you lose AND you don't pay within a month THEN you get a mark on your credit record.

[charitynjw]

Re: Euro Car Parks - then Debt Recovery Plus Ltd

You do not have to accept the POPLA decision, whereas if you had won your appeal the parking co would have had to abide by it

[mulcahyms]

Re: Euro Car Parks - then Debt Recovery Plus Ltd

****Update 13th November *******

Thanks you for your reply and advice, so as suggested here is the following information (when I work out how to attach it).
1. Letter from my wife rejecting PCN
2. ECP response.
3. Further letter rejecting ECP claim.
4. Photo of the car park aerial view - my wife's car was parked in the 'A' section, which is part of the same car park.
5. Top two photo's are where my wife's car was parked - no signs in front of shops. Bottom two photo's are the opposite side of the car park - where there are signs.

Appreciate any response.

Also, what rights do DRP have if any regarding the debt? My wife is concerned that they will come and take our children away (or similar!) if we don't pay?

I'm not too sure that the letters from my wife (1 & 3 above came through so will include text below...sorry for length of this message)

Letter 1:
Without Prejudice
Address

1^st July 2017

APPEALS
ECP
30 Dorset Square
London NW1 6QJ

I am in receipt of PARKING CHARGE NOTICE 88880873824 from yourselves in relation to car parking at Solent Retail Park, Havant.

On the day in question, I was shopping and having lunch at the retail park. When I entered the car park I did not notice the car park signs warning about cameras and the parking restrictions and I proceeded to park my car in front of Marks & Spencer.

I had my lunch and returned home and was shocked to receive this parking charge notice. I returned to the retail park to check where the signs were and I was surprised how difficult they were to see. As you enter the car park they are displayed at quite a height, so for someone like me, driving in to the car park and already being high up in my car they are virtually impossible to see, I only saw it as I got out to look for the signs. I recreated my journey which was to drive along the road and turn right to park in from of Marks & Spencer. I was then facing the shop and walked straight in. I looked all across the car parking spaces in front of the shops and there are not any of your signs visible, so people who did what I did would not see the signs for parking. I do acknowledge that there are multiple signs around the car park, but if you follow the route that I followed then it is not apparent and they are not visible.

Therefore I do not consider it fair for you to charge me a substantial amount of money for something that I was not aware of, nor would have been aware of due to lack of signage and request that you issue a cancellation of this ticket.

I would also suggest that you review the car park signage and ensure that signs ae visible along the from row of parking spaces in front of the shops….as they are not now, then others will be aware of the parking restrictions.

Letter 2:
Without Prejudice
Address

16^th August 2017


APPEALS
ECP
30 Dorset Square
London NW1 6QJ

PARKING CHARGE NOTICE 88880873824
Car Park: Solent Retail Park – Havant Car Park 2

I am in receipt of your letter dated 2^nd August 2017 and my response has been delayed due to being away on holiday, however I am disappointed to read your reply.

The points that you have made do not address the points that I had made in the original letter sent on the 1^st July 2017.

I did not question the fact that you have ANPR, or that there are signs within the car park. My point was that these should be reasonably visible and if you follow the journey as I did (and you clearly have not, or else you would have realised the point that I was making) then you will see that the car park signs are not clearly visible….as I said in my previous letter, there aren’t any in the section that I parked in, so these would not have been, nor were they, reasonably visible, so that I could read, acknowledge and accept the terms.

I feel strongly about this point as I would not have stayed beyond the term if I had been made aware. I also notice that there aren’t any signs in the area that I mentioned, which I feel is an issue/error that you should look at addressing.

Therefore I am advising you that I will not be making payment of £90, which isn’t the correct amount anyway and look to you to take the necessary measures to put additional signage up in the car park.


Registered Keeper

[mulcahyms]

Re: Euro Car Parks - then Debt Recovery Plus Ltd

Thank you for the response.

Do you know what the power is of the debt collector? Can they come to our house and demand payment or take goods away?....or our children :-)

I understand that they cannot take us to court as it would have to be ECP - is this correct? And if we've not admitted who was driving (although I guess it could be inferred) can they take us to court?

thanks

[ostell]

Re: Euro Car Parks - then Debt Recovery Plus Ltd

They are only debt collectors is to write letters to you with more threatening wording, and then you will get a letter from Zenith who share the next desk in the office.

However those letters identify your wife as the driver, it would be difficult to say otherwise. I know it's after the fact but the driver is never admitted, ever (well very rarely).

I don't know why your wife did not see the signs, they are very apparent on that site, both sides, and they do warn about the cameras, indeed you have a sign in your photo. (I'm about to take SWMBO to M & S).

[mulcahyms]

Re: Euro Car Parks - then Debt Recovery Plus Ltd

They are apparent if you're looking for them, but if you're a woman with a baby int he back and shopping and food on your mind then you may not. Then when you get out of your car and walk to the shops the signs are not to be seen. The sign in the photo is to show that they have signs in from of the shops on one side of the park, but not on the other...which is what I don't understand, surely it should be consistent. My point was that if you didn't see them coming in to the car park, then parked and walked to the shop then you wouldn't see them. My concern is that maybe POPLA appeal decision was based on what you've just said...that you felt the picture was showing a sign, when what it was showing was that there were signs on one side but not on the other...in exactly the same parking place.

By the way...what's SWMBO ? We did write to M&S as well about the parking fine and asking if they could have a word with ECP but never had a response.....

[ostell]

Re: Euro Car Parks - then Debt Recovery Plus Ltd

She Who Must Be Obeyed. New Nightie bought. It's for the granddaughter hopefully coming to stay this weekend.

We did talk to the manager of M & S about the parking, eg why are the disabled bays the furthest bays from the door, but the response was that the layout and control of the car park is nothing to do with them. He did comment that he would do things differently.

Why not go in and ask to speak to the manager next time you are in, he's very approachable, and see if he will do anything if he's able.

I can understand why there is a time limit on the site. People used to park in there and then go into Havant to work as the Havant car parks are all P & D run by PE. I think Tesco suffer from this but at the moment are not taking action.