Euro Car Parks overstay PCN, Tybridge Retail Park, Worcester

[sayling]

Hi

Usual story I guess, only I haven't seen many tales of woe relating to Euro Car Parks.

I've attached the PCN that was posted to me (hopefully suitably redacted) and will today be posting a version of the parkingcowboys challenge letter to ECP (the link to the Legal Beagles template appears broken).

I also rang and spoke to the manager of McDonalds (my reason for being there), but he advised that they didn't own the land and, as tenants, had no power to rescind the charge. I'm currently researching/trying to find out the current landowner (I think AXA sold it to Charity/Christian Vision in 2012) so I can approach them too (interestingly, in one article I saw, it said PC World and Homebase had a 15 year lease granted, and McDonalds had a 'long term lease'. It doesn't help, I don't think, that the McDonalds in question is a franchise owned by HJL Restaurants...

I've also submitted an online request to Worcester Council to see if anyone has had or applied for planning permission for the erection or use of ANPR cameras in the car park.

However, and I realise this is perhaps a little early, is the advice still the same considering the outcome of the Parking Eye vs Beavis appeal hearing?

(Hope I haven't put this in the wrong sub-forum!)

[mystery1]

Re: Euro Car Parks overstay PCN, Tybridge Retail Park, Worcester

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—


(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;
(i)specify the date on which the notice is sent (where it is sent by post) or given (in any other case).


I've not read the letter you sent or are sending but it'll no doubt get a popla code so that'll do. The areas above are requirements for keeper liability and are either missing or incomplete IMO. That must be included at popla and should lead to a win.

M1

[sayling]

Re: Euro Car Parks overstay PCN, Tybridge Retail Park, Worcester

Cheers M1. You do some amazing work on this forum and I truly appreciate your time.

[sayling]

Re: Euro Car Parks overstay PCN, Tybridge Retail Park, Worcester

Been a long time, but I didn't want to jinx anything by replying earlier - basically, I drafted and sent my letter, requested a POPLA code as part of the letter - and have, to date, received no response whatsoever.

Hopefully, that will be that mashappy:

[mystery1]

Re: Euro Car Parks overstay PCN, Tybridge Retail Park, Worcester

File everything away, just in case.

M1

[ostell]

Re: Euro Car Parks overstay PCN, Tybridge Retail Park, Worcester

I believe that if they have not responded to your appeal within 35 days then, according to BPA guidelines, then the appeal is deemed accepted. Depends on the wording of the letter you sent.

[mystery1]

Re: Euro Car Parks overstay PCN, Tybridge Retail Park, Worcester

You must acknowledge or reply to the challenge within14 days of receiving it. If at first you only acknowledge
the challenge, or your reply does not fully resolve it,
normally we would expect you to seek the additional
information you require from the motorist and accept
or reject the challenge in writing not more than 35
days after the information required to resolve it has
been received from the motorist. It is acknowledged
that in exceptional circumstances, an investigation into
a challenge may take longer than 35 days after such
information has been received and in these instances the
motorist must be advised accordingly and given a date by
which they can expect a resolution. If this date cannot be
achieved then the motorist must be written to again and
a revised resolution date agreed. We may require you to
demonstrate that you are keeping to these times

BPA code of practice.

M1