Euro car park

[SweetRita22]

Hello Legal Beagles. It's been a couple of years but sadly I now need your expertise.
13/01/24 We parked in a Euro carpark as I wasn't feeling very well. I have long-covid and struggle with low sugar so needed to eat. My husband dropped me at the door of a weather spoons as I'm disabled. I went into the Green Parrot in Perranporth Cornwall. I asked the lady serving if we were ok to park as my husband was sitting in the car waiting for me. She asked me what I wanted and I explained I needed a sandwich to takeaway. She said "oh you will be fine" I gave her my order for 2 sandwiches and 2 coffees. She said I will issue with a table number so don't worry. She actually gave me the staff table for me to sit and wait. I paid by card so I have proof we had food. The food took 20 minutes. We arrived at 11.32 and left at 11.54 (22 minutes) On the 25/01/24 We received a parking charge notice for £75. They state in their notice they issued it on the 16/01/24 but we didn't receive it until the 25/01/24, they all so state we have 14 days to pay a discounted amount by the 02/02/24 (7 days)
We have spoken to the Green Parrot who simply said their staff member had misinformed me about the parking and they couldn't do anything at all to help. Please can you advise us? Is there anything we can do? We literally do not have any money spare We have our pension, my pip and universal credit to live off. Before COVID I worked for age UK and my husband taught maths at high school. He has been my carer since 2020. Thank you.

[des8]

Could you please post up the parking charge notice, first removing identifying details such as name & address and reference numbers but leaving in all dates and times.
I don't suppose you have proof of the late delivery of the notice eg doorbell camera photo of postman delivering it?

Any possibility of a picture of the car park signs? I've looked on Google Earth but they are not legible?
If you can't get them easily, don't bother

[SweetRita22]

Thank you for your reply, Sorry I couldn't get back to you straight away.

Please find attached PCN.

Unfortunately no proof of delivery date, not even stamped on the envelope and it was delivered to a post room in the building, not direct to our door.

We will be going to the car park tomorrow to take photographs of the signage.

The manager at JDW Green Parrot, when asked if she could remove my ticket, she said I do have the power but on this occasion, not yours. So I asked her who's she could take off and she said staff and contractors. However, we have been there and they allow contractors to drink there, not work there, without paying. Is this useful information for our case?

Thanks again.

[des8]

There seem to be at least two types of signs, so get both.
Also check if there is one at the entrance you used that would be seen by a driver.

[SweetRita22]

Hello Des, I have taken the photographs you asked for. There are numerous signs including some at the entrance. I have tried to include some pics that give an overview of where in the car park the signs are located and some close ups so that the writing is clear enough to read. Thank you again.


The above pics are the entrance, I will attach the rest in a separate message because of the 6 pics maximum rule.

[SweetRita22]

And the rest of the pics!



Hopefully these are comprehensive enough. Should we contact Euro Car Parks to tell them we disagree with the PCN?

[des8]

So for your initial appeal you could write:

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 invite the keeper—(i)to pay the unpaid parking charges; in terms as a prescribed by section 9 (2) (e)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

first class post with free certificate of posting from a post office


They won't accept it but you need to jump through the hoops

[SweetRita22]

Thank you, that sounds amazing. We will post that tomorrow and upload a copy of the letter and proof of posting.

[tesla6518]

Just wondering,but I cannot see the Terms and Conditions in any of the photographs.

[des8]

Just wondering,but I cannot see the Terms and Conditions in any of the photographs.

The difficulty in reading those signs (small fonts) is one of the points to be used in the subsequent POPLA appeal

[SweetRita22]

Thank you Tesla6518 and Des8

[SweetRita22]

I have now attached the letter of initial appeal and the proof of posting. Thanks again everyone.


Letter of appeal to Euro Car Parts.pdf

[SweetRita22]

Hi everyone,

Euro Car Parks have now written back refusing my initial appeal. I have attached the letter. The date on the letter is unclear but appears to say 02/02/24. Again we didn't receive this until yesterday 08/02/24. Unfortunately there were no postmarks or proof that the letter was received almost a week after the date on the letter. ECP appeal refusal.pdf

Thank you again for your help.
S

[tesla6518]

Now you make your POPLA appeal, others on here are more experienced to advise you on that.

Also notice on the Terms that you must abide by, Disabled bays are for blue badge holders only park. Blue badge must be displayed, crafty bit right at bottom, no concessions for Blue badge holders. I wonder how many have been caught on that. ( disabled bay = coned or roped off! I wonder)

[SweetRita22]

Thank you Tesla6518.
We are hoping to get some advice on the POPLA appeal as soon as possible from this forum.
What you say regarding the disabled bays are appalling. This company is extremely unscrupulous! There is also some tiny red writing at the bottom of a letter they sent which neither my husband or I can read?