EPC ANPR PCN - Overstay - Solent Retail Havant Car Park, PO9 1ND

[GB_Joe]

1 Date of the infringement 04/04/24

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 10/04/24

3 Date received 13/04/24

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 n/a

7 Who is the parking company? Euro Car Parks

8. Where exactly [carpark name and town]

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

..................

 

Hi all

I just stumbled upon this forum,

we've had a PCN through and thought I'd consult with the experts before I take any action!

Hopefully I've filled this all out correctly so you can see everything you need, but let me know if not and I'll try to sort it out.

Thanks in advance for your help!

 

 

2024-04-10 EPC NTK for event 2024-04-04.pdf

[FTMDave]

Thanks for filling in the sticky so quickly - we wish everyone would do that!

More in a mo.

[FTMDave]

You left the PCN number showing, but no worries, I've redacted it.

Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court.

You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?

 

[Bazooka Boo]

This is the one that is free for two hours?

Which is well known for not having enough time for customers to do their shopping/browsing at this site.

Ask HBC what planning permission they gave ECP regarding the time limits for parking.

 

[Homer67]

The NTK is not compliant because it states you overstayed but does not state what their permitted parking period is.

Anyway the permitted parking period cannot vary from the original period when planning permission for that car park was granted, I suspect it was an all day job or certainly longer than 2 hours 45 minutes.

It's always worth getting on to the shops you visited socials and declaring how you will never shop there again and drop an email to the CEO of the store you spent most money it.

Other than that it's waiting time for a Letter Before Claim, then snotty letter time.

Be prepared for a flood of every increasing threatening letters from the PPC and their tame DCA.

[FTMDave]

On Parkopedia and on  Google Maps the maximum period is shown as two and a half hours.

But that originally the limit was three hours.

[dx100uk]

thread title updated

dx

[FTMDave]

Is this place near to you?

I ask for two reasons.

If you can easily go back, then get photos of the signs.  On GM and Parkopedia there are various comments about the signs being pants.

Also go back to the school uniform shop and ask the manager there for contact details for the retail park (which I've Googled & Googled and got nowhere).  The school uniform shop will just be tenants of the retail park, they won't be able to do anything.  It will be the retail park that called EPC in, and we've seen loads of cases where the organ grinder has intervened and called off the monkey. 

As for EPC, aye, ignore them until LoC stage.

[GB_Joe]

Thanks Dave

It's not too far away, about 8 or 9 miles,

I will probably venture over on my bike if I can't think of a good reason to drive there again!

I'll have a chat with Mrs GB_Joe tomorrow and see which shops they visited, I know M&S was on the list (had to try on multiple sets of trousers!) and they are actually in that bit of retail park.

The uniform shop is across the way in the Meridian Centre, so probably not helpful to get them involved.

[lookinforinfo]

Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges ".

It does not say that even though it continues correctly with blurb about the driver.

The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc. 

All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park.

However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving.

So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you .