Euro Parking services

[acee18]

Received a PCN in the post from Euro Parking Services for driver not parking within a bay. There's a free small car park for the Tesco Express with about 5 car parking spaces which were all full at the time so the driver parked on the side for less than 2 minutes.

The contravention date is 15/09/2019 and the issue date was 01/10/19. I am aware that Protection of Freedoms Act 2012 Schedule 4 Section 9 states that for keeper liability to apply the keeper must receive a notice to keeper within 14 days. Does this exceed the 14 days or not? Im not sure if it includes the weekends?

Also, is £100 (£60 if paid within 14 days) a true pre-estimate of loss for less than a 2 minute stay??

Ive attached images of the letter sent.

Advice would be much appreciated,

Thanks.

[ostell]

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

First class post with free certificate of posting

pre estimate of loss is a non no since Beavis.

There would appear to be other POFA fails but I can't read clearly

[acee18]

Thank you so much!

I appealed last night and got a reply by email this morning saying:

XXX

Re: Parking Charge Notice Number XXX (Vehicle: XXX)
09/10/2019

Site: Chamberlain Buildings

Issue date: 01/10/2019

We acknowledge receipt of your appeal (representations) received on 09/10/2019 in relation to the above Parking Charge Notice (PCN).

We have reviewed your appeal and in doing so, we took into account the representations that you made in support of your appeal as well as evidence which was submitted by the parking attendant. We reached the decision that in this instance, the Parking Charge was issued correctly for the following reason(s).

The terms and conditions of use of the car park are clearly stated on the signs prominently displayed around the car park, these include vehicles must park within marked bays and and not park in such a way as to cause obstruction to others. According to our records your vehicle was incorrectly parked, we have no option but to reject this appeal.

The penalty notice was posted on 01-10-2019 09:17:44. Any delay in receiving it would be the responsibility of the Royal Mail.

We are satisfied that the Parking Charge Notice was issued correctly and that sufficient attention was brought to the driver with regards to the terms and Conditions enforced. In light of the aforementioned, your appeal (representations) is rejected. We will not accept any further appeals. We have now extended the discounted payment period by 14 days to allow you time to pay the discounted settlement amount. Please now make payment of £60 to reach us by 23/10/2019 or £100 to reach us by 06/11/2019. We must advise you that once the discounted settlement rate passes it will not be offered again. If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). In order to appeal, you will need your parking charge number, your vehicle registration and the date the charge was originally issued. Appeals must be submitted to the IAS within 21 days of the date of this letter. However, if you choose this option your Parking Charge will automatically increase to £100. Please visit www.theias.org for full details. Payment can be made using a debit or credit card by calling the automated payment line on 0845 121 0065 or online at www.europarkingservices.com. You may send a cheque or postal order made payable to Euro Parking Services Ltd. Please ensure you write your Parking Charge Notice number clearly on the reverse. Please do not send cash through the post. For our full Complaints Procedure please visit www.europarkingservices.com. Should you consider not making a payment, we must draw your attention to the landmark decision in the Supreme Court of the United Kingdom, dated 4th November 2015, Parking Eye Ltd- v -Mr Barry Beavis. Further details on the case can be found at https://www.supremecourt.uk/cases/uksc- 2015-0116.html. This case was seen as an important 'test case' due to the complex legal arguments used by both sides. The ruling sets a legally binding precedent on all similar cases for the while of the United Kingdom. If a payment is not received by the above date we will commence court action to recover what you owe. This will include additional charges to include (but not limited to) legal and court costs. Should judgement be awarded in our favour, this may affect your ability to obtain credit in the future.

XXX

Does this mean I can’t do anything about it?

[ostell]

Write back to them agreeing with their statement that the Notice was indeed posted on the 1st October. But as the alleged breach was on the 15th of September that gives a period of 16 days between those events. Suggest they might care to read 9 (4) of schedule 4 of The Protection of Freedoms Act 2012 and explain how 16 days complies with the requirement of "delivered within the relevant period" when the relevant period is defined, in 9 (5), as 14 days. As you recollect from arithmetic at school 16 is certainly larger than 14. The keeper can therefore not be held liable

After that just sit tight and do nothing. No appeals to the IAS

Ignore debt collectors but come back if you get a letter before claim. Keep copies of everything

[acee18]

Haha! Thank you Ostell!

The email said I can't reply to the email or appeal again so I've forwarded their letter and emailed it to the address they have on their website. Fingers crossed.

[acee18]

Just an update, they have decided the cancel the notice!!

Thank you so much!!