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    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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Euro Parking Services - NTD Ashted Lock, Dartmouth Middleway, Birmingham, B7 4AZ


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1 Date of the infringement: 23/10/2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]: 25/10/2018

 

3 Date received : 26/10/2018

 

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

 

5 Is there any photographic evidence of the event?: yes - 2 photos on letter

 

6 Have you appealed? no - letter states I need to provide certain things to appeal, but not how or where to

 

7 Who is the parking company?: Euro Parking Services

 

8. Where exactly?: . The letter states "Birmingham Science Park, B7 4BB" - however, I was parked in "Ashted Lock, Dartmouth Middleway, Ashted Lock Way, Birmingham, B7 4AZ"

 

The simple story here is that on the second day of starting a new job, I didn't display a parking permit (not being used to doing so) - and then I received this.

 

I believe I've a case to appeal, due to the fact that the parking spots are reserved for our company, and I have a permit, just forgot to display it.

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They've already failed on a few things. Sit tight and the regulars will be around. There's no rush. Euro car parks / parking services always and without fail make glaring mistakes

  • Confused 1

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Also please take down your PDF. There are still personal identifiers on it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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did they leave a windscreen ticket?

this is operator pictures,

they've issues the NTK too soon.

you have a valid permit regardless to not displaying it.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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then ignore them.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

as the supposed breach is parked without displaying a valid permit I would bet on the sigange limiting parking to permit holders only.

 

That means there is no offer of a contract to non permit holders and the amount demanded is then designed to deter rather than an offer of terms.

 

that makes the demand an unlawful penalty and not a sum due as a contractual considerations.

 

In short, they lose

Edited by dx100uk
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Hi

I have looked at Ashstead Lock but I can't see any 'Way' on Google Streetview. Does this site include Birmingham City Council Licensing and CityServe? If so, I'm looking at the right place. There are signs at the entry at each entry and they state 'Pre authorised vehicles and permit holders only' I cannot clearly view the on site signs so it might help if you could supply us with pictures.

 

 

Euro Parking Services do take court action but there is no info on how many cases were won (by default or poor defence) and how many were lost They have issued around 7.5k tickets and taken court action on 56 occasions this year.

 

 

 

 

The facts are that Euro have stated the completely wrong place and you can state this as such if it went to court. As Euro is a member of the IPC, they don't follow PoFA and as such can't rely on keeper liability but they will try if it got that far. They assume the driver is also the keeper and sue on that basis except you have no obligation to tell them who was the driver. What I have seen these companies do is not use PoFA except when it suits them, usually at court.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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so POFA terminal fail as the poscode is a different address and the name Birmingham science park isnt a single place.

The poscode you quote ending 2AZ is not the same place so they have failed to identify the land in question.

 

Also the wording of the NTK isnt POFA compliant but they dont care as no-one will force them to change their ways.

Same goes with the abuse of the non ticketing system, it would be interesting to know who actually took the photographs as I would bet they arent an employee of Euro and thus should not process your personal data by passing it on to the parking bandits.

 

As alrady said, as the site is permit only they havent offerd you a contract to park so cnat claim for a breach of contract.

Stupidity and ignorance wont stop them chasing you though, greed trumps.

 

Ignore the parking co and please let us see some pictures of the signage in detail as I would bet there is more than 1 thinmg wrong with that as well.

Edited by dx100uk
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  • 4 weeks later...

Had another letter yesterday - inviting me to pay a £100 fine as as the registered keeper I was now liable as I hadn't identified the driver.

 

Can upload if needed, but it's pretty similar to the other one - although it states the ticket was issued 2 days after.

 

Do you need an upload?

 

Hmm, only just seeing the response regsarding signage.

Let me get that for you.

Don't know why I didn't get an email

 

Does this site include Birmingham City Council Licensing and CityServe? If so, I'm looking at the right place.

 

Yes, definitely the correct place, we're above the licencing office!

 

 

There are signs at the entry at each entry and they state 'Pre authorised vehicles and permit holders only' I cannot clearly view the on site signs so it might help if you could supply us with pictures.

 

See above

IMG_20181029_122658.jpg

Edited by dx100uk
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where does it say FINE please

upload that letter.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Attached is the letter from yesterday.

 

Apologies for the wording of "Fine" that was my own comment - I don't believe that wording was used anywhere

 

Just as a note - realise I transposed a couple of lines in the address, it should be

 

Ashted Lock, Ashted Lock Way, Dartmouth Middleway, Birmingham, B7 4AZ"

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you don't believe. Why do you believe a speculative invoice by a private parking company can ever be a legal fine?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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so operator pictures and vanishing windscreen ticket syndrome

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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That letter has just shot themselves in the foot. As lookingforinfo has mentioned, the letter states that a notice to driver was affixed to the car. For that to be true, the NTK shouldn't have reached your doorstep until after 28 days have passed (29-56 days)

 

As the NTK arrived in a couple of days, the NTK is non compliant as is the fact that the keeper is unable to appeal as IPC members only accept appeals from drivers, not keepers.

 

Another thing to note and another string to your bow is that they breached your data by getting your details from the DVLA.

 

You couldn't make up just how bad that letter is!

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I would.

The only time to respond is if a Letter Before Action/Claim comes in the post

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Yes ignore. Who knows their stupidity may give you more rope. Doubtless their unregulated debt collectors will write next threatening you with unwarranted demands for sums of money [£160 for example] which they just pluck out from the sky hoping that will scare you into paying something you never owed in the first place.

Later when they have heard nothing from you they will change their tune and send in their begging letters by reducing the amount they want. You've got to love them for their perseverance.

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