ECP ANPR PCN - MFG Esso Cobham serv station A2 Trunk Road, Cobham DA12 3BH

[anarchist]

Hi all, I've just received the referenced notice to keeper.  To keep the story short, I stopped at this service station after finishing a job down south and driving back up North.  I remember seeing no signs at all, and then was pretty shocked to receive the NTK.  It claims I was stopped here for 1 hour, 1 minute - during this time I stopped for fuel and food, then sat in my car for maybe the remaining 30 minutes (I've just bought a house, and just had contracts exchange and had a million people calling!)

 

Thanks in advance!

 

1 Date of the infringement

20/08/2019

 

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

09/09/2019 - the car is a lease car, so I assume they contacted the lease company first, who then had to give them my details to send the NTK to?

 

3 Date received

13/09/2019)

 

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 zoomed in photo of only my registration plate, for both entry and exit.

 

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]

Esso service station, Cobham, Gravesend

 

For either option, does it say which appeals body they operate under.

BPA

 

If you have received any other correspondence, please mention it here

None

Edited September 16, 2019 by anarchist

[ericsbrother]

so any idea what the breach was? if it is overstaying how long was the permitted time.

 

It may be worth contacting the service station  as you ate there and ask them to get the charge cancelled. How did you pay for the food? you can make things awkward for tehm if they dont but bear in mind the peopel working there dont often know about the arrangements that the owners have in place.

 

Also have a moan at Esso themselves and if they deny any responsibility remiond them that their advertisements are big on offering coffee and food but fail to mention having to pay some third party £100 for actually eating it. embarrassment oftne gets results and they wont want a fuss on social media.

 

If that fails we have plenty of other reasons whay you shouldnt pay but try this route first and dont be in a hurry to want to speak to the parking cowboys

[anarchist]

It specifically states 'as the vehicle was in breach of the following terms and conditions;

 

The vehicle was parked without a valid Pay by Phone transaction

 

There is no reference to the terms of parking, there is no evidence of the signage or what it states, or anything else.

 

"How did you pay for the food?"

 

It was paid for on my credit card, its on my bank statement.

 

Oh - maybe relevant info that I've forgotten:

 

The car is a company car.  The NTK has gone to my employer, and not to myself, I am not named at all on it, and my employer has not responded to it in any way yet.

[ericsbrother]

stupid of them to say that as there must be an alternative method to pay.

 

get on to the garage and ask them to cancel. if they dont go to comapany head office and try again and then Esso if garage owners arent interested.

 

It would be wise to let Esso know that you are minded to name the garage co in any legal action that comes from this and do they really want their name dragged into it as it is after all and ESSO station?

 

lay it on with a trowel without actually threatening anything specific.

[anarchist]

 

Cool - yeah that sounds logical, I'll get on to the garage today.

 

"stupid f them to say that as there must be an alternative method to pay."

 

Do you mean that there must legally be an alternative method to pay than the pay by phone?

[ericsbrother]

what it means is that they have failed to make provision for peopel to actually comply with the contracual conditiosn.

 

an example fo  a similarly unenforceable contractual condition would be "If you dont read this notice you owe us £100"

[anarchist]

I've attached a couple of images of the site that I've obtained from Google street view (dated May 2019).  The signage on the entrance to the car park is very high, and at a distance where if I were close enough to read it in the car, I would not actually be able to see it.  

 

Cheers!

 

 

 

 

[dx100uk]

PDF only please read upload

 

 

[FTMDave]

Any update here?  I ask as we have someone new being hassled for parking at this site.