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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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Euro Car Parks - Sainsbury's - Golders Green (ANPR) - 614 Finchley Road, Golders Green, London, NW11 7RX


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I got a NTK through the post today. Attached is the NTK and sat view of the layout. The entrance ANPR camera is before any car park signs, It does not say whether the driver was parked in the actual car park or on the forecourt.

 

Street view shows the signs, I am unable to get a picture of the sign without a drive into London to get there. https://goo.gl/maps/yh1ehnDVUsR2

 

For PCN's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement 27/09/2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 08/10/2018

 

3 Date received 10/10/2018

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Yes

 

5 Is there any photographic evidence of the event? Number plate only

 

6 Have you appealed? {y/n?] post up your appeal]No

 

7 Who is the parking company? Euro Car Parks

 

8. Where exactly [carpark name and town] Sainsbury's - Golders Green

Golders Green ANPR.jpg

jpg2pdf (3).pdf

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You say the invoice arrived today which Is the 11th October so the letter did not arrive within the correct time.

 

You partly obscured the arrival times and we do not yet know the actual length of time allowed.

Were you well over the a!lowed time or Just a matter of minutes?

 

My first instinct would be to call Sainsbury's And explain why you overstayed (assuming You did)tell them how much you spent with them And the reason for the time spent and ask That as you are a regular and good customer Could they kindly cancel the ticket for you Especially as you received the ticket out of time Thus breaching the Data Protection Act.

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Apologies, I opened the letter today, but it came yesterday on 10th.

 

Max time on the signage is 60 minutes (No return within 2 hours).

 

I obscured the exact times as I wasn't sure how anonymous to make it. Total time was 3 hours 20 minutes.

 

Driver shopped for lunch in Sainsbury's but also visited the local area. They don't think they have the receipt but apparently may still be in my car.

 

Just to add, there are garages after the ANPR which appear to be public. I am unsure where the driver actually parked, but if they had parked in that area, then surely this is invalid?

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Sorry not sure I understand what you're asking.

I'm guessing Euro Car Parks owns the signs.

They say "Working in partnership with Sainsbury's".

https://goo.gl/maps/MptscCpybjw

 

I have emailed Sainsbury's to find out who owns the land infront of the garages, as the driver may have parked here.

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Can you get down there and photograph the entrance from the public highway and then the sigange as you see it as you go in plus a close up of the sign and any that are different so they can be read easily. say approximately how big they are, how far off the ground and how bif the font size is.

 

 

Now, if there is a good reason your car was there for a long time you should get on to Sainsburys HQ and moan at them to cancel it. Drinking gallons of coffee in their cafeteria would suffice but if you just parked there to go on a jolly in central London i wouldnt even start that conversation unless you cna prove you did some shopping atthere at the time.

 

 

So, show us the siganeg and we can help you from there. Plenty of hurdles for them to jump yet before their charge is lawful.

 

 

BTW a notice must be issued within 12 days of the day AFTER the event and then they have 2 days to serve siad notice so they are just in time

Edited by honeybee13
Paras
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I'll get some pictures when I can get there, it's only 16 miles away but is in London so would take me more than an hour.

The signage is the same as what is on streetview if that helps?

The images were taken recently.

 

The public highway is a one way system where you can't avoid going through their ANPR, and it isn't obvious that it is a car park, no signs until after ANPR.

 

There is what I believe to be public land after the ANPR in 2 places and cars often park there instead.

I have emailed Sainsburys HO to confirm who the land belongs to.

 

The driver did some shopping in Sainsburys at the time.

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Now there are a couple of Sauinsburys where this is a known problem, the one in Beddington, Croydon is a classic with a bus route going through the car park and a public access road to other buildings at one side that also gets snapped. there is another one where there is access to soem houses and agian PE send out demands and moan that they werent told you had visitors and it isnt fair that they have to cancel a ticket just because you have friends.

 

 

thre are 2 Sainsburys in that area so which one is the subject? They ahvent specified so get pictures of the other one as well so you can use them as a big stick if it goes that far.

Now for ANPR capture they MUST provide photographic evidence in the NTK and I cant see anything on yours that fulfils this requirement. It is not just about number plates it is evidence of the vehicle and thei toy cameras are around 5% wrong so they need to show more than a digitally altered picture of a small part fo a vehicle. Again, that is somehting to clobber them with but they wont be willing to accept this argument as they would have to do some work then and probably lose money.

So, if you can nice pictures of the entrance from the public highway, evidence the camera is spying on the wrong place and pictures of the other sainsburys just down the road to cause confusion and show they have breached the POFA in their lazy NTK.

 

 

In the meanwhile get on to Sainsburys Head ffice and tell them abotu this shoddy outfit and the capturing of images of vehicles on the public highway and using it to besmirch sainsburys good name etc and tell them that you expect them to tell the parking cowboys to cancel or you will not only defeat the claim form the parking co but drag Sainsburys name through the mud in socail media, local paper etc if they dont want to help

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They did specify which Salisbury's in the letter. Further down they gave the full address.

 

It's going to be difficult getting there to take pictures of the signs, it's around a 3 hour round trip, or 2 hours at night. How important is it to get those pictures?

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aqnd how have you contacted sainsburys? if by email it means you ahvent read a lot of the threads that say dont use email because all that happens is they forward the email to the parking co who then just use it to harass you. Phoning head office would have been the first step and then a stiff letter to the corporate team at the top rather than any customer service group.

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what email addy did you sned it to, we always say look up the boss's email address at ceoemail and use that. It will get through to a hO team and they have the clout to order ECP to stop being silly.

If you have emailed a customerservices addy you ahve just given away more information to the parking co.

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Yep customer service. But I didn't give details yet. I wanted to see what they say before giving any details or dates. Passing any details will be against GDPR anyway since I didn't ask them to get ECP to cancel, just asking if they would be willing to. I've sent a follow up email demanding that my details are not passed to ECP unless I agree so.

 

I'll email Mike Coupe, is there anything in particular I should say? Should it be an email on mitigating circumstances or complain about the parking company themselves and that the driver parked on public land just after the ANPR camera?

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the look up the ceo email and start again. Explain the parking co's siganeg is so crap it doeans t form a contract, cameras sited in the wrong place and that they as the peope who brought in a bunch of crooks to rob their customers blind are the peopel who should sort t out before it all becomes public knowledge on facebook, twitter etc. I bet the area has its own facebook accout so start finding palces you can post up about this if you dont get a suitable response. yopu might want to adjust the language I have used but keep the sentiment, they are not honest

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Thanks ericsbrother, I'll get an email written up today.

 

Do you think it would be worth me asking who owns the garages next to the car park as the driver may have parked here and I can use this as a defence?

 

If a car were to reverse in front of the last garage, it would have been caught on ANPR.

 

Does ANPR record video? as this may show this.

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I have an over stay from Euro Car Parks from staying too long at a Sainbury's. I emailed their customer service (waste of time), but made it clear I didn't want any of my details passed on to ECP unless it is to instruct ECP to cancel the notice. This way they can't pass on details which would show you as the driver.

 

I was then contacted by someone from Head Office who want to know more about my complaint. (Not sure if I'm allowed to post email addresses here, but I can PM?)

 

I looked at the Bolton Store on Street view and I can see the entrance ANPR, but I cannot see the exit, since the car park slowly turns into another car park managed by another company and there are many ways to exit the ECP operated carpark.

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I've also read the BPA Code of Practice, and realised that where they put the sign for the car park entrance is beyond the ANPR. the ANPR doesn't even cover if cars are entering the actual car park or not. There is no way that they can prove if any cars captured on ANPR even entered the car park. There is a a separate sign just before the ANPR that only covers parking in the service area.

 

I couldn't find this mentioned in the CoP, but is it worth complaining to the BPA about anyway?

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You get the ticket sorted with Sainsburys befoe you start anything else.

 

 

 

Also consider who is trhe BPA paymaster, it is again sainsburys who should receive the complaint first so once your ticket is cancelled you can go on the attack.

 

 

 

By all means tell them when you give them more details that their pet aprking co is probably ticketing peopel who have not even visited their store and they are going to get the grief over it as some of the more rampant parking defenders wil try and get ticketed on purpose just to create a breach of the DPA and they will go after the store as they have more to lose than a mickey mouse parking outfit

Edited by honeybee13
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