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I have received a ticket from Euro Carparks in Norfolk after entering one of their sites and finding it full. I queued for 22 minutes and did not leave my car then left. I was then surprised to be fined £85 (now up to £145 after appealing to Popla). I am am happy to go to court on this but would struggle to afford a lawyer, can anyone offer advice on chance of success or potential costs I could incur?
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As you enter this type of car park your reg. no. is recorded and when you leave.
Parking Charge Notices are the result of a parking infringement on private land or in a car park which is operated by private organisations on behalf of the landowner, and are not enforced by the local highways authority or the police.
This means you are liable to a Parking Charge Notice as opposed to a local-authority-issued parking ticket or Penalty Charge Notice.
You say you have appealed and that is the correct thing to do. The fine should not increase during the appeals process. However, if the appeal fails, the best practice would be to not let the fine spiral out of control. I assume there are is appropriate signage when you enter the car park
If the operator is a member of an accredited trade association such as the British Parking Association (BPA) or the International Parking Committee (IPC), the ticket should give reasons for the contravention and methods to pay, along with the information on how you can appeal.
If you wish to appeal further, you can take your case to POPLA - but please note POPLA will only consider appeals against Parking Charge Notices issued by a member of the BPA. POPLA is a free service for motorists, and operators pay for costs associated with cases that motorists take to them, however appealing at this stage may result in the parking operator withdrawing the ability to pay the parking charge at the reduced rate.
If POPLA rules in favour of the operator, you may then finally choose to take your appeal to the Ombudsman Services.
Your options after this are limited. The private car park operator will likely seek payment through aggressive tactics such as court threats and debt recovery enforcement. You may well choose to pay at this point, as you could then be summoned to a small claims court.
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There is a case where the judge ruled that driving around looking for a space is not parking. I can't remember the reference but I believe it was connected to the Fistral car park.
All you can really do is wait for the letter before claim
Post up a redacted copy of the PCN, but leave datesComment
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Thank you Ostell that is really helpful I think I have found the case you refer to here https://parking-prankster.blogspot.c...t-parking.html. My case is a little different in that I left without either parking my car or buying a ticket. I have received a letter from their debt collection agency after POPLA rejected my appeal. I am now considering quoting this judgement in writing to them and suggesting they take me to court if they still believe I am liable for a fine. A risky strategy but these companies can be such bullies... Any advice gratefully receivedComment
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[QUOTE=ostell;n1502156]There is a case where the judge ruled that driving around looking for a space is not parking. I can't remember the reference but I believe it was connected to the Fistral car park
Thank you Ostell that is really helpful I think I have found the case you refer to here https://parking-prankster.blogspot.c...t-parking.html. My case is a little different in that I left without either parking my car or buying a ticket. I have received a letter from their debt collection agency after POPLA rejected my appeal. I am now considering quoting this judgement in writing to them and suggesting they take me to court if they still believe I am liable for a fine. A risky strategy but these companies can be such bullies... Any advice gratefully received
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