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Manage PCN

Comprehensive Guide


The Protection of Freedoms Act 2012 (POFA) grants authority to private parking companies (PPCs), compliant with the International Parking Community (IPC)_ Code of Conduct (such as Euro Parking Services Ltd), to collect payment for an unpaid parking charge from the driver of a vehicle who has breached or contravened the terms and conditions set out by us while parking. Under Schedule 4, PPCs are permitted to pursue the registered keeper of the vehicle for payment in situations where the driver’s identity is not disclosed. The registered keeper can avoid liability by notifying us (within 28 days of receiving a request for information) of the correct name and address of the driver. If the registered keeper fails to do so, they will become liable for the unpaid parking charge and must pay it.

How to Appeal a Parking Charge Notice

Appealing a Parking Charge Notice (PCN) is a structured process with clear timelines and guidelines, providing motorists with a fair opportunity to present their case and seek a resolution. At Euro Parking Services Ltd., we are dedicated to providing motorists with a clear and transparent process for appealing parking charges, ensuring that each appeal is reviewed impartially and on its merits. While we uphold this commitment, it is important to note that most PCNs are issued in accordance with applicable regulations. As a result, not all appeals may lead to a favourable outcome. The essential details required to submit an appeal are outlined below.

Appeal Submission Guidelines

  • You must submit your appeals within 28 days, beginning from the second working day after the notice was issued.
  • To submit an appeal, you are required to provide your full name, residential address, vehicle registration number (VRM), and the Parking Charge Notice reference number. Additionally, a detailed written explanation outlining the grounds for your appeal must be submitted.
  • Motorists can submit their appeal through the following methods:
    • Website: You could visit our website www.europarkingservices.com and write to the appeals department.
    • Post: Write to us at Euro Parking Services, Appeals Department, Office 2, 51 Pinfold Street, Birmingham, B2 4AY.
  • All supporting evidence should also be provided during the submission.

Processing Time

Decisions on appeals are taken within 28 days. However, if a response has not been received within this timeframe, please contact us directly for clarification. Do not assume the appeal was successful without confirmation.

Reduced Rate Payments

  • Motorists can retain the option of paying a reduced charge of £60 if the appeal is submitted within the initial 14-day period.
  • If your appeal is rejected, you will be given an additional 14 days from the date of the rejection to pay the reduced rate.

Steps to Be Taken If Your Appeal Is Rejected

  • At this stage, we advise motorists to not ignore the PCN and pay it to conclude the matter efficiently.
  • If you still wish to appeal your PCN further and get an independent body to review it, you may lodge an appeal with the Independent Appeals Service (IAS). The IAS provides an alternative dispute resolution mechanism, provided the appeal is submitted within 28 days of the internal decision.
  • If the appeal is upheld by IAS, your PCN will be dismissed and no further enforcement actions will be taken. However, if the appeal is rejected, you will have 28 days from the decision date to complete your payment. Please note that once an appeal has been submitted to IAS, you will lose the opportunity to pay the reduced rate of £60. For more details on the appeals process, visit www.theias.org.

Complaints

Motorists who wish to challenge the validity of a PCN may submit an appeal. Any other concerns should be addressed through the complaints procedure. Complaints must be submitted directly to us in writing at the address provided on the reverse side of the PCN. If you are dissatisfied with our response, you may escalate your complaint to the IPC. For further information, please visit www.theipc.info.

Data Protection

Please note that while issuing a PCN, we collect your personal information, including the vehicle registration number. If payment of a PCN is not received within 28 days of its issuance, we may request the vehicle keeper’s information from the Driver and Vehicle Licensing Agency (DVLA) and issue a formal notice to the registered keeper. In cases where enforcement action is necessary, your information may be shared with debt recovery agencies and/or solicitors to recover the outstanding charges. Enforcement actions may incur additional costs that will be added to the due amount.

EPS adheres to the DVLA rules and regulations and ensures that all information is retained and processed solely for its intended purpose, in compliance with data protection laws. For any questions or concerns regarding data protection, contact our data protection officer at [email protected]. Our Privacy Notice is also available at europarkingservices.com/privacy-policy.

Additional Information

  • Any photographic evidence related to the PCN can be reviewed online for reference.
  • While we are committed to addressing all appeals fairly and efficiently, we encourage appellants to ensure that all relevant details and documentation are accurate and complete at the time of submission.
  • If a parking charge notice becomes overdue, an additional fee of up to £70 may be applied. It is important to note that this does not prevent the court from awarding further costs or imposing additional fees through the court and enforcement processes. These additional charges may be added during the debt recovery process.
  • Enforcement action may be taken to recover an outstanding parking charge if payment has not been made within the stipulated 28 days, or once the appeals process has been concluded and the deadline for full payment has passed.
  • Appeals may not be accepted that have been submitted after the period to submit as the appeal has lapsed.

The Supreme Court Hearing on Parking Charges

On 4th November 2015, the Supreme Court handed down its landmark judgment in the matter between a private parking company and Mr Barry Beavis. This further appeal, lodged by the defendant, was heard over the course of three days in July 2015. The Supreme Court, by a majority decision, dismissed Mr Beavis’s appeal on both grounds.

In reaching this decision, Lord Neuberger, Lord Sumption, Lord Mance, Lord Clarke, Lord Carnwath, and Lord Hodge (with Lord Toulson dissenting) found that the parking charge levied by the parking company was neither ‘unfair’ nor ‘penal’. They concluded that the parking company had a legitimate interest in charging motorists who overstayed their permitted parking period. The Court also referenced the Protection of Freedoms Act (POFA), emphasising that parking charges of this nature are allowed under specific conditions. Practically, the car park mechanism put in place by the private parking company was advantageous to both consumers and retailers as it maintained a system that prevented misuse of the facility.

The Supreme Court also agreed with the analysis of the charge amount previously provided by both HHJ Moloney and the Court of Appeal. It found that the sum of £85 was neither ‘extravagant’ nor ‘unconscionable’ and determined that the amount of the parking charge was reasonable.

In light of the Supreme Court’s judgment, it is clear that parking charges, when implemented fairly and transparently, serve a legitimate purpose in managing parking facilities effectively. While the EPS team is committed to providing a streamlined and fair appeals process, it is important to acknowledge that appeals can sometimes be lengthy and may not always result in a favourable outcome for the appellant. We encourage motorists to review all parking terms carefully and address any charges promptly to avoid unnecessary complications. For further assistance or queries, please visit our website.