Hi thanks a lot for answering! Here are my answers:
It is a PCN's received through the post [ANPR camera capture] (must be received within 14 days from the Incident)
1 Date of the infringement 12/09/2021
2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 17/09/2021
3 Date received 24/09/2021
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? There is a photo of my registration plate on entry and exit.
6 Have you appealed? [Y/N?] post up your appeal]
Yes. I used a template shared on this page:
ction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data
Sharinuthority to disclose or refer this letter or any other
communication from me to any other person or organisation.
Have you had a response? [Y/N?] post it up
Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons:
The car park is operated by Automatic Number Plate Recognition (ANPR) – cameras capture an image of vehicles entering and leaving the car park and calculate their length of stay.
Parking at the above site is limited to 15 minutes.
On entry to private land it is the responsibility of the driver to check for signage and ensure that your vehicle has been correctly parked.
Your vehicle was parked longer than 15 minutes, therefore the notice was issued correctly and remains payable.
vehicles found not adhering to the signage will be issued with a parking charge notice (PCN).
Please be advised that there are a number of signs around the car park indicating the restrictions of the site and it is the responsibility of the driver to read them when parking.
With regards to the reference to “Pre-Estimate of Loss/breach of consumer contracts 1999.” Please be advised that the Supreme Court has made judgement (04/11/15) that clearly sets out the issue of parking charge notices on private land (law of contract applies) and in particular pre-estimate of loss. The parking charge notice is enforceable on the basis that it protected a legitimate interest when the driver failed to adhere to the terms and conditions and was not extravagant, exorbitant nor unconscionable. The parking charge is not an unenforceable penalty and does not breach the Unfair Terms in Consumer Contracts Regulations 1999.
Please make payment of £100.00 by visiting our website at www.eurocarparks.com or use the automated telephone service 0203 553 4559. Alternatively make your cheque payable to Euro Car Parks Limited (to include a £2.50 handling charge for cheque processing) and post to Euro Car Parks Ltd, 30 Dorset Square, London, NW1 6QJ, quoting the PCN number on the reverse of the cheque. This amount is now due and the charge will be held for 14 days to allow time to make the payment. If payment is not received within this time further charges will apply. You have now reached the end of our internal appeals procedure.
You can make an appeal to the Independent Appeals Service, POPLA (Parking on Private Land Appeals) using the unique POPLA Reference code provided above. Please note, should you decide to appeal to POPLA, or if you appeal to POPLA and your appeal is subsequently rejected, the option to pay a discounted amount will NO longer be available and the FULL AMOUNT of the PCN will become due.
Please note - if the ticket was issued in SCOTLAND and or NORTHERN IRELAND, ONLY “THE DRIVER” can appeal to POPLA. If you/the driver decides to appeal to POPLA, you will need to visit the website, www.popla.co.uk, where further details of how to appeal (either online or by downloading the relevant forms) can be found.
If the driver is unable to access the website, please call us for further information on how to obtain the forms. Please ensure that the POPLA Reference Number as noted above is quoted on all correspondence to POPLA. The driver has 28 days from the date of this letter to submit an appeal to POPLA. If the driver appeals to POPLA, we will suspend recovery activity on the PCN.
Appeals may NOT be accepted if payment is made against the Parking Charge Notice, including any appeals logged via POPLA, if applicable.
If you choose to do nothing, we will seek to recover the monies owed to us via debt recovery procedures and may proceed with Court action against you.
By law we are also required to inform you that the Ombudsman Services (www.ombudsmanservices.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution services. As such should you wish to appeal then you must do so to POPLA, as explained above.
7 Who is the parking company?
Euro car parks (ECP)
8. Where exactly [carpark name and town]
MFG - BP Petrol Station Glasgow
For either option, does it say which appeals body they operate under.
I attached a copy of the first letter received and a photo of the "final notification letter" I just received.
NTK Mr PCE_compressed.pdf