Euro parking services PCN NTK

[honestyvo]

Hello,

I was wondering if someone could assist me please with a EURO PARKING SERVICES PCN NTK that I have received in the post.

I attach photos of the letter.

do I have grounds to appeal? Do I ignore it?

there is a template that I have found on the forum but unsure if this is suitable for this incident. I note the appeals process is online and not by post. Template found:

Dear Sirs,

I have 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 give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. The Period of parking is also incorrect as it cannot, be definition, be parking as the vehicle is moving in front of the cameras.

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.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc

Can someone advise please? Thanks a lot.

[honestyvo]

Attachments of letter.

[des8]

.

I'll try and help, but unfortunately i can't enlarge your NTK without it becoming too blurry to read

I can't believe they have issued the demand when the vehicle was only in the park for 2 minutes
They are members of BPA and their guide to members @ 10.2 they should consider:
"A grace period that allows for motorists to enter the car park, understand the terms and conditions of the site and then leave if they choose not to accept them."

On the face of it your appeal seems fine, but i can't check the NTK, as already explained, but don't expect Euro Parking to accept it (they are in the business of relieving you of your money!)

[honestyvo]

des8 thank you for the reply. I’ve attached clearer photos. Hopefully they can be zoomed in.

the letter doesn’t state they are members of BPA? Just IPC? Unless I’ve missed something.

If that’s the case, do I appeal with BPA or?

thanks again.

[honestyvo]

Clearer attachments.

[des8]

RE the reference to BPA, that was on their website, but not on the NTK!

As said earlier your letter seems fine, but expect your appeal to be rejected.
If you appeal to IAS, again anticipate it will be rejected
However i would anticipate a win in court!

You could mention that as the vehicle was only in the car park for less than 2.5 minutes, it was obviously not parked and there could not have been any intention to form a contract.

They are members of IPC who state in their comments on Parking (code of Practice) Act 2019
"A Consideration Period is a non-contractually binding period of time given to a motorist to read the Terms and Conditions on car park signage to make an informed choice about whether to park or not. The exact duration of a Consideration Period will vary depending on the context, but it should be reasonable, while avoiding the possibility of abuse by motorists who fly park, drop off passengers on airport roads or ‘nip to the shops’"

You haven't indicated what the signage on site stated... perhaps it was forbidding, so no contract could be formed anyway

[honestyvo]

Des thoughts before I hit send please?

To whom it may concern,

I have received your Notice to Keeper xxxxx for vehicle VRM Xxxxx.

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 give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. The Period of parking is also incorrect as it cannot, be definition, be parking as the vehicle(s) is moving in front of the cameras.

You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

In addition, the second image provided does not indicate the VRM of the vehicle in question and as such can not be attributed to the first photo.

Even if the vehicles in both the images were of the same vehicle the PCN indicates it was there for approximately 2 minutes and 11 seconds. The BPA Code of Practice to which you are a member states:

13.1 The driver must have the chance to consider theTerms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract.The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.

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

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Kind regards,

[des8]

Des thoughts before I hit send please?


In addition, the second image provided does not indicate the VRM of the vehicle in question and as such can not be attributed to the first photo.

Even if the vehicles in both the images were of the same vehicle the PCN indicates it was there for approximately 2 minutes and 11 seconds. The BPA (of which your website avers you are a member) Code of Practice states:

13.1 The driver must have the chance to consider theTerms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract.The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.

Also the IPC, of which organisation you are a member suggests a code of practice includes:
"A Consideration Period is a non-contractually binding period of time given to a motorist to read the Terms and Conditions on car park signage to make an informed choice about whether to park or not. The exact duration of a Consideration Period will vary depending on the context, but it should be reasonable, while avoiding the possibility of abuse by motorists who fly park, drop off passengers on airport roads or ‘nip to the shops’"

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

Suggested amendments in red, but your case, your appeal!

[honestyvo]

Des appreciate it. Sent! I’ll let you and others know how it goes.