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Euro Car Parks PCN - Printable Version +- Private Parking Ticket Legal Advice (PPTLA) (https://pptla.uk) +-- Forum: Legal advice forum (https://pptla.uk/forumdisplay.php?fid=3) +--- Forum: Parking Charge Notices forum (https://pptla.uk/forumdisplay.php?fid=4) +--- Thread: Euro Car Parks PCN (/showthread.php?tid=94) |
Euro Car Parks PCN - johnny p - 07-08-2026 Hi - I'm helping a friend with this -- a hospital car park charge!! This case concerns a Parking Charge Notice (private parking firm) issued by Euro Car Parks Ltd, relating to an alleged contravention on Tuesday, 16 June 2026. The notice itself is dated Wednesday, 24 June 2026, and I first became aware of it via received initial notice. The notice appears to have been issued as By post (ANPR/camera). Driver identified status: NO. Equality Act considerations: No. The location is stated as Finchley Memorial Hospital. A preliminary Protection of Freedoms Act (PoFA) assessment indicates COMPLIANT: Likely PoFA timing compliant for paragraph 9 (postal NtK, no windscreen NtD). Route applied: PoFA paragraph 9 (postal NtK, no windscreen NtD). The notice is treated as given on Friday, 26 June 2026 (10 days after the alleged event). Current stage: - Notice responded to: No - Debt recovery letters: No - Letter of Claim: No - County Court claim: No Additional notes provided: I am going through this process as a favour for a friend. Please can I have advice on the strongest next steps and defence points for this case. Thanks, John RE: Euro Car Parks PCN - b789 - 07-08-2026 @johnny p, this is an ANPR/postal NtK, and on the dates given it has been served in time. But that does not make it PoFA compliant. Every mandatory condition in Schedule 4 paragraph 9 still has to be met. The strongest point I can see is that the NtK fails PoFA Schedule 4 paragraph 9(2)(e)(i). That paragraph requires the notice to invite the keeper to pay the unpaid parking charge, or, if the keeper was not the driver, to give the name and address of the driver and pass the notice to the driver. ECP’s notice does not properly do that. It only tells the recipient to provide the driver’s details if they were not the driver. It does not contain the required statutory invitation to the keeper to pay the unpaid parking charge. Generic payment instructions elsewhere on the notice are not the same thing as the mandatory PoFA wording. So the position is:
Therefore Euro Car Parks cannot hold the registered keeper liable. They can only pursue the driver, who they do not know. The next step is a simple keeper appeal. Do not embellish it. Do not talk about who was driving. Do not say “I parked” or “we parked”. The registered keeper should appeal as keeper only, stating that the NtK fails PoFA 9(2)(e)(i), no driver has been identified, and there is no keeper liability. However, be realistic. ECP will almost certainly reject the initial appeal. POPLA are also poor on 9(2)(e)(i), so do not expect this to be resolved at appeal stage just because the point is correct. That does not mean it should be paid. If ECP continue, the usual path is useless debt recovery threatograms, then most likely a county court claim, usually issued through DCB Legal. If/when that happens, the claim must be defended. Provided it is defended properly (which is where I come in), DCB Legal discontinuance before any hearing is, in practical terms, about as close to certain as these things get. I would put it at greater than 99% probability. So the real question for your friend is simple: are they prepared to see this through, or will they eventually panic and pay, allowing themselves to be plucked like low-hanging fruit from the gullible tree, out of ignorance and fear? The initial appeal should be this: Quote:PCN reference: [xxxxx] I wouldn’t put any more effort into an initial appeal that is going to be rejected, no matter what. Come back when it is rejected and you have a POPLA code. RE: Euro Car Parks PCN - johnny p - 07-08-2026 Thanks b789.... I will check to see if they prepared to see this through -- but I think I can convince them to do so! Thanks as ever.
RE: Euro Car Parks PCN - Brenda_R2 - 07-08-2026 (07-08-2026, 11:05 AM)johnny p Wrote: Thanks b789.... I will check to see if they prepared to see this through -- but I think I can convince them to do so!Just to set expectations straight: you’re not going to convince them of anything. They won’t shift an inch until they’re staring down the barrel of a Court fee — usually about a year away. Follow the solid, legally grounded guidance you’ll get here and you won’t pay a penny. But be ready: they’ll fire off every variety of threatening letter they can dream up, all insisting your life will collapse unless you hand over cash. Treat it as irrelevant noise, not substance. And yes, before you ask — there are hoops. Plenty of them. This is just the first. And you do have to jump through every single one if you want to keep your bank balance intact. Follow the advice you are given here. RE: Euro Car Parks PCN - johnny p - 07-08-2026 Thanks Brenda! I've been through this process and yes I know, it gets a bit brutal! I appreciate your insights... and will remind my friend what they can expect.
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