Jump to content


Euro Car Parks PCN Blackheath Station


Recommended Posts

Posted (edited)

The car park is the only access point on the outbound route. My wife is disabled and for several years I have driven to collect her as she is unable to exit the station via any other means. There is a lift on the inbound route but not on the outbound and the platform exits to the car park. I was not staying the car park, and only exited the vehicle to assist her to the car and take her from the station. This has occurred many times but whether through a change of policy or implementation of a policy I have been issued with a PCN. I referred to the reasons in my appeal but the circumstances were ignored. I'm fairly sure that this does not meet the guidance on accessible parking in Section 4 of the Private Parking Code of Practice. https://www.gov.uk/government/publications/private-parking-code-of-practice

Given there is no other way for her to leave the station, it seems discriminatory to force her to pay every time she uses the station.

 

Please answer the following questions.

 

1 Date of the infringement: 01/04/2022

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  06/04/2022

[scan up BOTH SIDES as ONE PDF- follow the upload guide]

please do not put JPG Picture files into your post

 

3 Date received  14/04/2022

 

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

5 Is there any photographic evidence of the event? Yes, registration plate
 

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

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 on site.

  •   When purchasing a pay and display ticket, you must enter the correct vehicle registration

    number (VRM) and this information is directed to the camera system.

  •   I can confirm that no pay and display ticket matching your VRM was purchased at the time of

    the terms and conditions.

  •   The signage is clear, a valid pay and display ticket must be purchased for the full duration of

    your stay on the car park.

  •   Please be advised that signage on site clearly states that there are no concessions for

    disabled drivers and a pay and display ticket must be purchased.

  •   I can confirm the parking charge notice was issued correctly and remains payable.

    Please make payment of the discounted amount of £60.00 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 by this time the charge will increase to £100.00 and this may also result in the notice being passed to a third party with further charges applicable.

    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.ombudsman- services.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.

7 Who is the parking company? Euro Car Parks

 

8. Where exactly [carpark name and town] Blackheath Station Car Park SE3 9LE
 

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

BPA

 

Copy the windscreen or ANPR section to your thread and answer the questions...

 

ECP PCN.pdf

Edited by FTMDave
Personal details showing
Link to post
Share on other sites

Thanks for giving us the info so quickly - I wish everyone who comes here would do that!

 

Well done also in looking up the government CoP.

 

As well as the work you've done, there is also that the government has extended the grace/consideration period to 15 minutes, and you were there less that 11 minutes, so ECP are stuffed.

 

IIRC there is also something in the CoP about, when there is a change of policy in a car park, signs have to show this for a considerable period of time so regular users don't get caught out.

 

You left the fleecers' reference number showing but I've removed that.

 

The only thing that could go wrong is if you've made some sort of admission to the fleecers in your appeal - so as HB says, please post it up.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

Link to post
Share on other sites

Thank you for replying so quickly. I’ve tried to locate it, but it was completed online and I don’t have access to a copy. When I try to log in to their site it says refer to their response - the rejection.

 

I told them what I’ve reported here and submitted the Disabled Badge as evidence.

 

The email receipt from them said they’d received the appeal but didn’t detail it in a pdf.

Link to post
Share on other sites

There's no-one on CAG who hasn't made mistakes in legal disputes.  I've made loads.  That's just inevitable.  Live & learn and all that.

 

However, if anything like this ever happens again, don't appeal.  As you've seen it does no good and it just gives information to the fleecers that they can use against you.  In particular

   - they knew who the keeper of the the car was, but not the driver on the day, but you've probably told them, and

   - they didn't know what you were doing in your 11 minutes there, you could have been driving round a full car park - but you've probably told them.

 

Anyway, pessimistic bit over.

 

Regarding the fleecers - ignore their rubbish, but come back if they ever send a Letter of Claim.

 

Given this might drag on, try to find out

   - if ECP have planning permission for their signs

   - how long they have infested the car park (from Google Maps they weren't there in 2020)

   - if the car park is covered by railway bye-laws.

 

You already have disability law on your side as you pointed out.  Plus the grace/permission period (government CoP 5.1 / Annex B).  Plus probably the change-over period (government CoP 3.4)  https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practice

 

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

Link to post
Share on other sites

Thanks again. I’ll be sure to do that in future.

 

Your time and generosity are also hugely appreciated.

Link to post
Share on other sites

Well done for having looked up the new Act on parking. However you could have used the Protection of Freedoms Act 2012 and won as well.

Because 

1] their PCN is not compliant with the 2012 Act. They make a big play quoting Schedule 4 s9 [2][f] and yet the have got it wrong. Absolute wazzaks. First they say 29 days when it should be only 28 and second and the more important one is the period of parking which must be included. But what Euro has done is to use the entrance and exit times which is obviously not the same. By the time the car is parked, fetched the wife, got her in the car and then left the parking spot several minutes would have elapsed which is the actual period of parking not the one Euro quoted. Your period of parking would have been around seven minutes -well within the ten minute race period.

2] As the station car park is probably  covered by rail Bye Laws Euro cannot invoke PoFA because it is not relevant land.Put Euro to strict proof that it isn't covered by bye laws.

3] it is a shame that you didn't appeal on the grounds that you were parked for less than 10 minutes which is the allowable grace period which allows motorists time to read the T&Cs in the car park and leave within ten minutes as not being happy with the rules or finished parking anyway. As such they have breached your GDPR they are liable to you for that.

 

You have revealed that you were the driver so you cannot use the fact that they have failed PoFA. However you have no liability to them at all  since you left within ten minutes.

Link to post
Share on other sites

As you are aiding a disabled person and no other alternative, AND the time taken is within the 10 minutes Grace Period, everything alluded to by LFI and FTM Dave applies to the situation, plus as is an issue on disabled access, Euro  and their employer may well be liable for failure to make reasonable adjustment to accommodate the disability, looking at that on the plain facts, had your wife had a taxi pick her up, then maybe Euro would also invoice the Taxi Company.   The Reasonable adjustment is to allow collection of the disabled person without let or hindrance or impostition of a Financial Penalty for merely stopping to pick up said person, and leave well within the allowed Grace Period.

 

 

 Might be an other angle to use if they do do court or are otherwise silly. In fact might be worth a complaint to the Railway Company who hired Euro, as their fleecers are onto a loser here. The press don't like fleecer's who disadvantage disabled people.

 

On the facts as presented on what happened, might be a clear case of Direct or Indirect Disability Discrimination, by making the collection of a disabled traveller subject to a Financial penalty as in an Invoice from a PPC.

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...