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Euro Car Parks PCN , BP fuel station Glasgow Airport


MR PCE
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On the 12th of September 2021, I visited an official BP (British Petroleum) fuel station near Glasgow International Airport. I never seen any signs saying there were parking restrictions. I sat in the station inside my vehicle for over an hour, whilst purchasing 2 separate items from the shop. I then received a Notice to Keeper (NTK) Parking Charge Notice (PCN). Reading: 

 

Parking Charge Notice amount due £100. Payment for the parking charge notice is due within 28 days from 15/10/21  shown above if the parking charge notice is paid within 14 days from the date of this notice a prompt payment discounted amount of £60 is payable.

 

Under that it states we were parked at BP Petrol station Glasgow at 19:44 and departed at 21:14

 

Then says that: On the date you were the registered keeper of the vehicle or you have been named by the registered keeper as the driver when there was a breach of terms and conditions of parking.

We are using cameras to capture images of vehicles entering and leaving the car park and calculate their length of stay. Signage on the car park clearly informs of the terms and conditions.

 

The parking charge notice xxxxxxxxxx has been issued because the vehicle was parked at BP Petrol Glasgow. As no valid pay and display/permit was purchased this was in breach of the terms and conditions at this site.

 

It then mentions Schedule 4 of the protection of freedoms act 2012.

 

I did not respond to this and have now been sent a final reminder which is demanding the outsdanding fine to be paid and offering a further 28 days to respond, Then saying failure to respond will result in debt recovery action and further charges. 

 

I have now officially appealed. I found the Parking Cowboys draught letter online and amended my details into it, I sent it and have received a rejection of appeal. 

 

I'm hoping someone is familiar with the Parking Cowboys draught and can give me some advise on where to go from here.. 

 

TIA 

 

Mr PCE

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you are in scotland

totally ignore them

 

no tort of trespass

no POFA 2012

 

 

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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Hi thanks a lot for answering! Here are my answers:

 

It is a PCN's received through the post [ANPR camera capture] (must be received within 14 days from the Incident)

 

1 Date of the infringement 12/09/2021
 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 17/09/2021

 

3 Date received 24/09/2021
 

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 photo of my registration plate on entry and exit.
 

6 Have you appealed? [Y/N?] post up your appeal]

Yes. I used a template shared on this page: 

 

ction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data

Sharinuthority to disclose or refer this letter or any other

 

communication from me to any other person or organisation.

 

Have you had a response? [Y/N?] post it up

Yes:

 

Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons:

  • The car park is operated by Automatic Number Plate Recognition (ANPR) – cameras capture an image of vehicles entering and leaving the car park and calculate their length of stay.
  • Parking at the above site is limited to 15 minutes.
  • On entry to private land it is the responsibility of the driver to check for signage and ensure that your vehicle has been correctly parked.
  • Your vehicle was parked longer than 15 minutes, therefore the notice was issued correctly and remains payable.
  • vehicles found not adhering to the signage will be issued with a parking charge notice (PCN).
  • Please be advised that there are a number of signs around the car park indicating the restrictions of the site and it is the responsibility of the driver to read them when parking.
  • With regards to the reference to “Pre-Estimate of Loss/breach of consumer contracts 1999.” Please be advised that the Supreme Court has made judgement (04/11/15) that clearly sets out the issue of parking charge notices on private land (law of contract applies) and in particular pre-estimate of loss. The parking charge notice is enforceable on the basis that it protected a legitimate interest when the driver failed to adhere to the terms and conditions and was not extravagant, exorbitant nor unconscionable. The parking charge is not an unenforceable penalty and does not breach the Unfair Terms in Consumer Contracts Regulations 1999.

Please make payment of £100.00 by visiting our website at www.eurocarparks.com or use the automated telephone service 0203 553 4559. Alternatively make your cheque payable to Euro Car Parks Limited (to include a £2.50 handling charge for cheque processing) and post to Euro Car Parks Ltd, 30 Dorset Square, London, NW1 6QJ, quoting the PCN number on the reverse of the cheque. This amount is now due and the charge will be held for 14 days to allow time to make the payment. If payment is not received within this time further charges will apply. You have now reached the end of our internal appeals procedure.

 

You can make an appeal to the Independent Appeals Service, POPLA (Parking on Private Land Appeals) using the unique POPLA Reference code provided above. Please note, should you decide to appeal to POPLA, or if you appeal to POPLA and your appeal is subsequently rejected, the option to pay a discounted amount will NO longer be available and the FULL AMOUNT of the PCN will become due.

 

Please note - if the ticket was issued in SCOTLAND and or NORTHERN IRELAND, ONLY “THE DRIVER” can appeal to POPLA. If you/the driver decides to appeal to POPLA, you will need to visit the website, www.popla.co.uk, where further details of how to appeal (either online or by downloading the relevant forms) can be found.

 

If the driver is unable to access the website, please call us for further information on how to obtain the forms. Please ensure that the POPLA Reference Number as noted above is quoted on all correspondence to POPLA. The driver has 28 days from the date of this letter to submit an appeal to POPLA. If the driver appeals to POPLA, we will suspend recovery activity on the PCN.

 

Appeals may NOT be accepted if payment is made against the Parking Charge Notice, including any appeals logged via POPLA, if applicable.

 

If you choose to do nothing, we will seek to recover the monies owed to us via debt recovery procedures and may proceed with Court action against you.

 

By law we are also required to inform you that the Ombudsman Services (www.ombudsmanservices.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution services. As such should you wish to appeal then you must do so to POPLA, as explained above.

 

Yours sincerely

 

7 Who is the parking company?

Euro car parks (ECP)

 

8. Where exactly [carpark name and town]

MFG - BP Petrol Station Glasgow
 

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

BPA
 

 

I attached a copy of the first letter received and a photo of the "final notification letter" I just received.

NTK Mr PCE_compressed.pdf

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As dx says, being in Scotland gives you a great advantage.

 

When you wrote you'd appealed I feared you'd thrown that advantage away, as generally in an appeal motorists out themselves as the driver - but you didn't!

 

How did you pay for the items you bought?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you want advice on your thread please PM me a link to your thread

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you've not dobbed yourself in as the driver so IMHO go radio silent now.

 

i have removed the link and external appeal letter text.

 

next even if outside of scotland do not ever appeal

 

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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