Euro Car Parks ANPR PCN - overstay - Appeal Rejected - Institute Road, Kings Heath, Birmingham

[ericsbrother]

without original NTK we cnat help you on keeper liability matters so she will just have to continue as though a keeper liability has been created until we can prove otherwise.

so tell us all about the event

[ericsbrother]

Ok the key thing here is that there is no method of paying for more than 4 hours so it is an unfair contract.

 

If you read the early bird timings it is a nonsense, likewise the insistence that you read the other signs for conditions

- they either show them here to form part of the contract or they are meaningless.

 

Now with an appeal to POPLA, you are likely to lose becasue they are very limited in what they actually look at as far as reasons for appeals and this may well fall outside their remit but still worth a go as you have appealed the ticket.

 

You will need to look for a court case that is for the same thing- a lack of ability to pay for more time- and quote it in your appeal.

 

Have a look at the parking pranksters web page and blogspot to see if you can search for similar cases, they do exist.

Then you appeal using that as precedent and see what they say.

 

If your appeal is rejected it still costs the parking co money and it is not binding on you so you can decide if you want to continue to fight  or not.

 

to my mind they are on to a loser but we have seen a couple of very peculiar judges decisions recently so defending a court claim is not a one way street but it will cost you little more than just paying up even if you lose so odds in your favour

[ericsbrother]

in short their signs say that you get clobbered if you dont display a ticket, they DONT say that you get clobbered for overstaying.

There is no such condition in the contract to breach so you cnat owe them money for breach of contract.

 

Now if you want to take this simple appeal to POPLA it wont hurt, just use the signage images and that simple statement.

If POPLA reject then it wont harm you anyway but ECP may just drop hands to avoid paying the £27 for your appeal so they dont risk their income stream from those who havent considerd this but then find out later about your success if POPLA agree