PCN from Euro Parking Services.

["NIB"]

Hi Am a first timer, on this forum. Basically have received this PCN Notice to Keeper, in the post yesterday. Wondered where I stood with it? Although a Blue Badge Holder, It was not displayed in front windscreen, as my wife was only purchasing cigarettes and papers from Tesco's. I remained in vehicle. Had no idea there was signage in car park, re rules and regs. Having read this notice, it seems there is very little room for an appeal. Apparently they do not adhere to any form of rules themselves! Is it worth an appeal? Enclosed is copy of PCN.

[charitynjw]

Hi & welcome to LB.

(If there wasn't a notice to driver (windscreen ticket) attached at the time of the parking event)

Section 9
(4) The notice must be given by—

(a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

https://www.legislation.gov.uk/ukpga...dule/4/enacted

["NIB"]

Hi Am a first timer, on this forum. Basically have received this PCN Notice to Keeper, in the post yesterday. Wondered where I stood with it? Although a Blue Badge Holder, It was not displayed in front windscreen, as my wife was only purchasing cigarettes and papers from Tesco's. I remained in vehicle. Had no idea there was signage in car park, re rules and regs. Having read this notice, it seems there is very little room for an appeal. Apparently they do not adhere to any form of rules themselves! Is it worth an appeal? Enclosed is copy of PCN.

Hi CHARITYNJW
Many thanks for your reply. Do I fill in their on line appeal, and quote section 9, or is there a template letter available to send them?

[charitynjw]

Hi CHARITYNJW
Many thanks for your reply. Do I fill in their on line appeal, and quote section 9, or is there a template letter available to send them?

From personal preference I do not like on-line forms, as the company (parking co in your case) can dictate how & what is submitted.
I prefer my own version, & often send it via land mail with a free certificate of posting as proof of sending.
I don't normally use tracked post, as they can be rejected by the recipient.
Emailing is ok, but it's not every firm that will accept email submissions, so be careful.
& yes, just state that the Ntk is defective, & so void, courtesy of Protection of Freedoms Act 2012, Schedule 4, s9 failings.
But don't hold your breath in anticipation of them capitulating.
From what I've seen, my guess is that these representations/'soft' appeals are given scant attention, if any at all.
You'll probably receive a generic "After careful consideration we reject your appeal" type robo-response.

[ostell]

Does this help?

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc

Send first class mail with free certificate of posting from any post office.

I can't see if they are members of the BPA or IPC. Either way they will probably refuse the appeal but if they are BPA you will get a POPLA code and you then appeal to POPLA with all (there are many) the POFA failures and you should then be successful.

If it's IPC then don't appeal to the IAS as you will lose, just wait to see what comes next.

[charitynjw]

I can't see if they are members of the BPA or IPC. Either way they will probably refuse the appeal but if they are BPA you will get a POPLA code and you then appeal to POPLA with all (there are many) the POFA failures and you should then be successful.

If it's IPC then don't appeal to the IAS as you will lose, just wait to see what comes next.

From their website

POFA (Protections of freedoms act) provides authority to PPC (private parking companies) which are complainant [sic] to the IPC code of conduct etc

https://www.europarkingservices.com/...formation.html

["NIB"]

Thank you guys, for your advice. Will draft a reply to EPS, see what sort of reply I get. Will keep you posted.

[charitynjw]

Thank you guys, for your advice. Will draft a reply to EPS, see what sort of reply I get. Will keep you posted.

.......but don't hold your breath for a happy outcome.
Many folks hold the view that the allegedly cozy relationship between IAS, IPC, their members & even their members' solicitor of choice is somewhat suspect.

https://www.parkingcowboys.co.uk/int...ing-community/

[tlogic]

Does this help?

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc

Send first class mail with free certificate of posting from any post office.

I can't see if they are members of the BPA or IPC. Either way they will probably refuse the appeal but if they are BPA you will get a POPLA code and you then appeal to POPLA with all (there are many) the POFA failures and you should then be successful.

If it's IPC then don't appeal to the IAS as you will lose, just wait to see what comes next.

Hi Ostell,

I only signed up to the forum to say Thank you for the above post as your post helped me cancel a bogus invoice from CP Plus.

Great website btw, surprised I haven't come across it earlier.

Thanks again.

R

Tlogic

["NIB"]

Hi Guys
Just to say I posted a copy of Ostell's template to ECP, ON 14/06/19. Still awaiting a reply!

["NIB"]

Still no word from ECP, regarding my PCN.

["NIB"]

Hi Guys...After all this time, I have finally had a response from Euro Parking Services. And this is it!

["NIB"]

Received Letter Before Court Action now.

[ostell]

So you must respond to this and tell them that you, the keeper, have no liability in this matter as their client has failed to comply with several of the statements required by schedule 4 of the Protection of Freedoms Act 2012, namely, but not limited to, 9 (2) (f) the statement of keeper liability, 9 (2) (a) giving period of parking, 9 (4) failing to deliver within* the relevant period and as such any action is bound to fail.

This has already been pointed out to the client in a letter of xxxxx which was not responded to.

I hope that in your appeal you did not identify the driver.
*