@sainsburys Euro car Parks sainsbury Balham over stay - ** CANCELLED AT POPLA **

[rustyjames]

Hi everyone, and before starting with my request I would like to thanks everyone for their times on helping on the forum.

 

We received a PCN on the 4/03/15 (see doc attached) asking for £70 discounted by £40 if paid within 2 weeks.

 

My wife didn't realised that she couldn't stay longer than 2h. I contacted sainsburys who told me that they were not responsible for the car park therefore I should contact ECP.

 

Yesterday we received the Notice to Keeper dated 24/03/15 (see attached) asking for £70 with a £1.5 handing charge if paid online!

 

 

My wife is 38 weeks pregnant and takes her time when shopping. To be honest she just didn't know! I find this, out of order to be charged £70 for over staying by one hour, specially when she parks there to mainly shop at Sainsburys!

 

Can I fight this ticket? If so, is it ok to send this?

 

 

Dear Euro Car Parks

 

As keeper of the vehicle, registration XXXX XXX, I have received your invoice number xxxxxx.

 

The driver at the time tells me that as a regular customer of sainsburys they never realised the 2h time limits as there isn't any barrier in that car park or clear sign when you drive in,and that they are therefore not liable to pay you any money.

 

Therefore I ask that you allow this appeal on those grounds.

 

If you reject this appeal, please issue me with a valid POPLAicon code.

 

Yours

 

Recorded Keeper.

Edited March 29, 2015 by rustyjames
changed 1 word

[ploddertom]

Hi

 

Welcome to CAG where I am sure you will get the help you require. I have changed 1 word in your letter in order to anonymize it further. As for your images these are too small and you will be better converting them to PDF remembering to take all personal info out,

[havinastella]

I have unapproved attachments as you have left all your information on them.

[rustyjames]

Thanks, Is is ok now?

Edited March 29, 2015 by rustyjames

[dx100uk]

ok so you need to follow the ANPR capture routr

 

 

is that where that letter ha come from.

 

 

you need to await the NTK I think first?

 

 

dx

[rustyjames]

Thank you, I have received the NTK (2nd page of the pdf ) Therefore I can send the Appeal as Ploddertom said?

[dx100uk]

yep

 

 

anything will do

 

 

dog had use the toilet again in Sainsbury's is a good one

 

 

it wont matter they'll refuse the appeal

 

 

you just need the popla code

 

 

dx

[rustyjames]

:lol: excellent,

 

So there is clearly no point of being honest and write at the bottom

 

Please note that from now on the rules have been made clear further to your letter and this will not happen again?

[ericsbrother]

Right, their timing of sending the NTK out is wrong for it to be compliant with the PoFA (must be between 29 and 56 days after the event) so there is no keeper liability.

Keep the letter and envelope and appeal to ECP saying that their NTK is not compliant with the PoFA and therefore there is no keeper liability and no further correspondence will be entered into. Do not identify the driver. Euro are rubbish at getting it right so they will skulk off when you point out their pitfalls (had more than 1 demand from them and they havent followed anything up).

[rustyjames]

So, as they sent it earlier, it's not compliant?

 

I already done an appeal online on the 29/03 following ploddertom suggestion. Should I do another one or just wait for them to get back to me?

 

I haven't got the envelope the NTK came in but the date of the NTK and my appeal does clearly suggest that I received it on the 27 or 28/03.

 

Thanks

Edited April 1, 2015 by rustyjames

[ericsbrother]

no, you shouldnt have done an appeal at all but you should now wait for ther response

and if they dont cancel they are obliged to give you a POPLA code.

 

 

They have 35 days to reject your claim and provide said code otherwise they are non compliant with PoFA and no keeper liability.

[rustyjames]

HI,

 

Further to my appeal online on the 29 March 2015 22:03:02, I have received the POPLA code on the 6 MaY (letter dated from the 5 May 2015)

 

It is over 35 days, therefore can this be ended right away?

[ericsbrother]

appeal to POPLA and say that you are not liable under the PoFA as the reply to the appeal is timed out and therefore there is no keeper liability. You now expect POPLA to instruct them to cease their claim against you as the keeper as they have no lawful reason to continue.

[rustyjames]

Thank you all for the support on this, Popla response just came in and PCN has been cancelled ;-)

[honeybee13]

Excellent news. Well done to you and the people who advised you.

 

And thank you for the update, I'll amend your thread title.

 

HB

[ericsbrother]

Who cancelled, ECP or by POPLA decision? Tell us what the adjudicator said as it will help others.

Well done.

[Chipper64]

Right, their timing of sending the NTK out is wrong for it to be compliant with the PoFA (must be between 29 and 56 days after the event) so there is no keeper liability.

Keep the letter and envelope and appeal to ECP saying that their NTK is not compliant with the PoFA and therefore there is no keeper liability and no further correspondence will be entered into. Do not identify the driver. Euro are rubbish at getting it right so they will skulk off when you point out their pitfalls (had more than 1 demand from them and they havent followed anything up).

 

I'm a bit confused about this. The PCN I'm dealing with was issued 11/09/15 and the letter was dated 22/09/15. so that's outside of the 29 & 56 days. What's my best line of attack?