EPS ANPR PCN - ignored LOC now Claimform - - 29 sec stay! - Shoulder of Mutton , Birmingham ***Claim Discontinued***

[lookinforinfo]

What did they claim you did that even only being there for 29 seconds was enough to warrant a PCN?

[lookinforinfo]

You should apply to the Guiness Book of Records for being "parked"for 8 seconds while entering and leaving a car park.   Obviously you cannot have parked there- the most you could have done is stopped for a few seconds before leaving. 

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I note that  you didn't post up the PCN you received for overstaying your welcome by 27 seconds.  Could you please post it up here as it may not even comply with PoFA 2012 which could be of additional help for you. I  hope you still have it as your local newspaper would love to have a story like that to give the whole area a laugh at Euro park's expense. You never know the embarrassment might force them to cancel  it.

[lookinforinfo]

Do you not have the original PCN? If so posting it up could help strengthen your case.

[lookinforinfo]

Thank you for posting up their PCN. They have made a major blunder by sending you the wrong PCN. This one is meant for people who have hired  their car.

They have given you 21 days to pay the amount rather than 28 days. And they are pursuing you under s14 when it should be section 9 [f]  of Schedule 4.

 

The PCN is not compliant with PoFA  which means that the keeper is not liable to pay the amount -only the   driver is liable. But in this case as you are being pursued for the wrong section of the Act I would think that even if you were the driver you would not be liable. 

 

I cannot think why they would even begin a case against you when you just drove around their car park but I would threaten them with breaching your GDPR which these days can be a couple of thousand pounds.

 

In their contract, non patrons  have a grace period of 5 minutes. By not stopping there you were surely a non patron.

 

[lookinforinfo]

I have just looked over the contract with the Shoulder of Mutton. It looks as if the pub did not use a solicitor when the agreement was drawn up as it so biased in favour of EPS.

One interesting thing is that initially the contract is for 48 months which in my book means 2 years. yet further down in the agreement  point 2,2 it states that the agreement is for four years.

 

Another interesting point for Judges to ponder is  in point 1 .A    " PCN -parking charge notice means a rate set at a level to deter motorists from parking at the site in breach of the enforcement policy". That sure sounds like a penalty to me.

It then carries on to say that any  vehicle that does not comply with the enforcement policy is considered  a nuisance [to the extent of trespassing]. Strange that he should call those motorists as trespassing since only the land owner can pursue the motorist not his monkey.

 

The other thing about thee contract as dx100uk pointed out is that as the signatories have been redacted we do not know who signed the document or indeed if anyone signed it. You should know who signed it so that the Court as well as yourself can be assured as far as possible that the contract is valid.  

It is doubtful in any case since the length of term of the contract is incorrect, does the contract include a penalty clause and shouldn't the

 "Parking Management Agreement " come before the contract was signed, not after.  It begs the question as to whether the Shoulder of Mutton signee [if there ever was one] was even  shown  the lower part of the agreement.

[lookinforinfo]

Thanks Gick you spotted my deliberate mistake. just checking that people do read my  posts.

 

Honestly?  You caught me bang to rights. Put he cuffs on and I'll come quietly Guv.

[lookinforinfo]

That is good news. It takes a weight off your shoulders and you can have a well earned Christmas with no worries about parking tickets.And it sure beats the hell out of paying them anything.