EPC ANPR PCN - paid but overstayed -Jackson Road, Clacton on Sea, CO15 1JA

[Fringer]

Hi All

 

Another flaming Parking Charge Notice received. Think I've actually followed instructions correctly this time!

I need to go and get a photo of the sign in the car park which I will do tonight 

1 Date of the infringement 3/10/2022

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 10/10/2022
 

3 Date received 13/10/2022
 

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? Number plate photos of entrance and leaving
 

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

Have you had a response? [Y/N?] post it up N/A yet as not appealed
 

7 Who is the parking company? Euro Car Parks

 

8. Where exactly [carpark name and town] Jackson Road, Clacton on Sea
 

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

POPLA

 

[honeybee13]

Hi.

 

Thank you for giving us the details. I've added to your thread title to show the address of the car park.

 

In the third paragraph of their letter, you've left the PCN number. It would be better to edit that out to keep this anonymous.

 

HB

[Fringer]

Damn it! Missed that one!

I've now re-scanned with that covered

Can the older be deleted?

 

2023-10-10 EPC NTK for 2023-10-03 PCN.pdf

[honeybee13]

I've removed the pdf from your first post but left the rest.

 

HB

[FTMDave]

The car was there for an hour and 15 minutes.  What do the fleecers reckon you did wrong?

[Fringer]

I only paid for an hour...

[honeybee13]

So they say you stayed for an hour 15 minutes and a few seconds? They have to allow you time to find somewhere to park, buy a ticket if that applies and time to leave the car park especially if there's a queue.

 

Someone with more detailed knowledge than me should be able to talk you through this.

 

HB

[FTMDave]

Yep, the time on the PCN is the time you were in the car park, not the time you were parked. 

 

The government Code of Practice allows you five minutes at the start to read the signage.  And 10 minutes at the end to get out of the car park.  So you didn't overstay. 

 

Well, you did by ... 13 seconds.  Which is "de minimis" and laughable.

 

Their own trade association recognises the 10 minutes at the end but not the five minutes at the start but who cares, I'd like to see them justify this in court.

[Fringer]

Thank you

I will ignore in the usual manner and await to see what arrives on my doormat next!

[brassnecked]

It will be the usual MO scary letters but don't ignore a Letter of Claim.

[Fringer]

Hi everyone

 

Have received the attached just in time for Christmas 

 

2023-12-14 DR+ Debt Letter.pdf

[Nicky Boy]

I like it... "intent not to pay added to case".

Maybe they're getting the drift at last!

 

Oh and just put it up on the string with all your other xmas cards...

[Fringer]

Yet another letter...

 

2023-02 DR+ Chasing payment letter.pdf

[honeybee13]

It's not from the PPC or their lawyers and it doesn't say Letter of Claim - that would be a proper letter. You can ignore anything from debt collectors.

 

HB

[lookinforinfo]

As it is BPA Code of Practice that Euro parks follow then there is only 10 minutes extra time as BPA, wrongly , take the view that while there is a five minute consideration period, should the motorist accept the T&Cs  then the Consideration period is cancelled and does not count as extra time.

 

BPA Code of Practice

13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.

13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place.

 

Amazingly enough the IPC take the correct approach

 

IPC Code of Conduct

 

A Consideration Period is a non-contractually binding period of time given to a motorist to read the Terms and Conditions on car park signage to make an informed choice about whether to park or not.14 Oct 2019

 

So the IPC include the Consideration period as well as the grace period before they issue a PCN for overstaying.  The BPA do not  which  is inconsistent with their director Kelvin Reynolds' statement some years ago .

 

Good car parking practice includes ‘grace’ periods

WWW.BRITISHPARKING.CO.UK

 

 

[honeybee13]

Thread reopened. Please post your update here.

HB

[Fringer]

HI

So I thought it had gone quiet but received a new letter from a different debt collectors about this 

 

sorry it's upside down 

2023-09 ZZPS Debt Letter.pdf

[FTMDave]

Debt collecting agencies have no power to do anything as it's not their debt.

Laugh at them and ignore.

[dx100uk]

thread title updated

pdf properly named and dated

#please leave all dates and times and amounts on uploads just remove your detail and any REG/REF numbers only

a DCA is not a BAILIFF

and have ZERO  powers on ANY debt no matter WHAT it's type

await until or if you ever get a letter of claim with a reply pack want I&E

dx

 

[Fringer]

Thank you 

[honeybee13]

Thread reopened.

HB

[Fringer]

Thank you for re-opening 

I have received another letter today - these people are relentless

 

2024-04-18 DCB(L) reminder Letter.pdf

[dx100uk]

On 22/09/2023 at 11:12, dx100uk said:

await until or if you ever get a letter of claim with a reply pack want I&E

 

[Fringer]

They keep sending this type of letter but never had a letter of claim

Is this really just scare tactics?

[dx100uk]

of course

its all they can do 

just like any DCA on a consumer debt..

issue idle threats that mean absolutely ZERO, NADA...

totally, legally, powerless