ECP ANPR PCN - overstay - Pitsea Retail Park Basildon

[Reds123]

another PCN .Not paying up . not sure what was the maximum stay . I cant believe they have sent it for 56 minutes !!

 

ECP NTK PCN.pdf

[honeybee13]

Hi.

You've left the car reg on the photos in your pdf. Could you cover them up please?

HB

[dx100uk]

just redact anything that they can use to ID you here as an anon user.

like name address, reg, ref no's, pcn no. barcodes/qrcodes. not every single time/date/figure.......

 how can we check anything is correct or not.

[Nicky Boy]

Could you also please fill out the sticky?

 

[FTMDave]

Is it possible, with it being the evening, that the idiots have a no-parking period after a certain time of day?

Mind you, presumably the fast-food outlets were still open.

Which shops or restaurants did you visit?

[Reds123]

Will probably visit the area and look . We visited the McDonald’s.

[FTMDave]

Excellent.  So that's proof that outlets were open.  No way is 45 minutes or whatever limit they've made up a reasonable time to have a meal in a restaurant.

The very best thing you can do, if possible, is to go back and take photos of the signs.  Good idea.

Please fill in the sticky.  It's perfectly possible the fleecers haven't respected the timescales for keeper liability.

[lolerz]

Having a quick look on street view it seems like Max stay is 3 hours between 06:00-00:00 and 00:00-06:00 is 1 hour. This was as of August 2018 but I can't imagine them clamping it down that much considering there's 2 supermarkets in the area as well as the restaurants.

Who can do their shopping in 45 minutes?

[Reds123]

Tats smart ! It’s the evening time  . Best I peak in on one of the days to get the details right.

[lookinforinfo]

Thank you for posting the PCN you received. However there was a fair amount missing-probably on the back of the PCN. It is information telling you that if payment is not made within 28 days they will have the right to transfer the charge from the driver to the keeper. It may also quote from the Protection of Freedoms Act. 

They often get the wording wrong so that the keeper does not become liable for the charge. That is dependent on them not being told who was driving hence the reason we are asking to see your appeal in.case you admitted being the driver.

So could you please post up the whole PCN minus your details and the car reg.

[Reds123]

Will do it coming morning. I might have missed some information.

 

It says it was parked without authorization .

pcn EC.pdf

[FTMDave]

What idiots.

Go get the pix when you can.

[Reds123]

1 Date of the infringement -23/07/23

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] -28/7/23
 

3 Date received - not sure .
 

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? yes
 

6 Have you appealed? [Y/N?] post up your appeal] no
 

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

7 Who is the parking company? Euro car Park.

 

8. Where exactly [carpark name and town Pitsea Retail park BASILDON
 

 

Also this time I have received a NTK ON 27/8/23 demanding the outstanding  balance 

NTK.pdf

[dx100uk]

no its a final demand letter.

dx

[FTMDave]

Yep, ignore the fleecers.

What about the pix of the signage you said you were going to take?

[Reds123]

I need to do it. Haven’t been able to do it. But will do . 

[Reds123]

Please find the signage ,They have now assigned my case to Debtrecovery plus and I am being sent more threats to pay!!

 

The day of infringement was a Sunday and they have a time limit of 45 minutes outside the regular hours.

EUROCAR PARKsignage.odt

[dx100uk]

so what!

a dca is not a bailiff 

and has

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

read up before panicking during the down times 10'000 of like threads here already

dx

 

[FTMDave]

There is a 5-minute consideration period to read the signs and a 10-minute grace period to leave the car park, and you were within these times.

That's not to mention that a 45-minute limit is an unreasonable term when there are food outlets.

This attempt at fleecing is going nowhere.

That said, if you can, get the retail park to intervene and call off their dogs.  I've Googled and can't find a damn webpage or e-mail address for them.

[Homer67]

They can't randomly change allowed parking time according to the time of day in that car park anyway!

Check on planning permission as parking time would be declared on that and it cannot change.

[Nicky Boy]

On 03/10/2023 at 12:42, Reds123 said:

they have a time limit of 45 minutes outside the regular hours.

Highly dubious...

You've had to guess/interpret what the (deficient) sign means.

What the signage LITERALLY says is...

"MAXIMUM STAY 45 MINUTES (OUTSIDE OF THESE HOURS)"

Outside of what hours?

Why should the reader have to guess/interpret what they mean?

[lookinforinfo]

It looks as if the notice is at the entrance to the car park. There is an awful lot of information to observe in the short time that  a motorist drives through. So seeing there is a three hour stay is probably all that most motorists need and don't even pick up on the other part of the sign that limits the time to 45 minutes. 

The PCN is not compliant as it misses out a key piece of information . Schedule 4 Section 9 [2][e] "(i)to pay the unpaid parking charges; 

As they haven't invited the keeper to pay the charges on behalf of the driver  ECP  cannot  transfer the charge for the driver to the keeper. Only the driver is now liable for the charge. Good luck to finding the driver when so many people are allowed to drive your car. All you have to do is not to give away ho was driving.  Always describe yourself as the keeper, never "I" and never admit you were driving if you were the driver.

 

Edited October 7, 2023 by lookinforinfo

[Reds123]

This is the response from the management of the retail park “

Apologies for the delay in coming back to you. I needed to check with our Facilities Manager, what the exact parking restrictions are.

 

You will see below a photo of the signage, where it clearly shows that at 17:00 on Sunday the maximum stay is 45 minutes. This is to prevent anti-social behaviour and at that time only KFC and McDonalds are open. When the other tenants are open there is a maximum of 3 hours. “.

[Reds123]

I did write again, but declined to cancel the pcn in the name of “ antisocial behaviour “

[FTMDave]

So a complete shirking of their responsibilities.

Anyway, 45 minutes isn't enough time to park, queue, order and eat a meal so this is going nowhere - it's an unfair term.

Get onto the local council and see how long for parking is stated in the planning permission for the site - as Homer says. I bet it isn't 45 minutes.