Euro Car Park overstay

tm2383

Last week I paid to park for 5 hours in a camera monitored Euro Car Park. I overstayed my time by 50 minutes in error, but paid for the extra parking time before leaving the car park by purchasing a ticket to cover my overstay. I have read in this forum that the company can only really pursue you for legitimate charges resulting from an overstay. As I was honest and paid for my overstay before leaving the car park, cab they still issue me with a fine for my overstay?

Thanks
T

tm2383

I should have mentioned btw that in this carpark you have to type in the reg of your vehicle before you purchase a ticket for your stay. I have the two tickets, but they will also have a data trail showing that I paid for my overstay, but they will obviously know that I did overstay on my original ticket. I typed in my reg two times, after buying each ticket, meaning that I can prove that the full period of my stay was paid for. They haven't raised a penalty ticket yet, but when I phoned the company, the operator said that it was likely that they would do so.

pogofish

Honesty and what actually happened mean very little to a PPC. They just want your money.

And its not a fine! - Private companies cannot issue them.

When you contacted them, did you identify yourself as the driver? If you did, it was a mistake!

You need to start educating yourself on the PPC biz and the range of options for disposing of this. Start by reading and fully understanding the Newbies Sticky at the top of this forum whilst you wait to see if you get an NTK from them. Do not be tempted to contact anyone else or lodge any kind of appeal until you have a properly issued NTK in your hand!

tm2383

No, I didn't identify myself. I phoned the euro car parks number beside the ticket machine. I explained that I had overstayed and paid for the extra time, asking if that would be acceptable. They asked for the site number to check if it was camera controlled, but didn't ask for my name or reg number. I assume that I am ok under these circumstances? They would have to take me to court and prove that the voice making the phone call was mine. SURELY they wouldn't do that for a parking ticket?

tm2383

I have read the sticky thread that you suggested reading and also did some general searches on the internet. The general consensus (rightly or wrongly) seems to be that the parking company can really only issue a penalty notice for breach of contract, on the basis that there was some sort of financial loss to them because of the overstay due to the breach. I actually paid more than I would have paid for putting a ticket for a longer stay on my car, so theoretically, they made money out of my overstay, rather than a loss. I assume that it will be unenforceable, even with my identity, but I would really appreciate anyone being able to confirm or reject this. Thanks.

The_Deep

I would very much doubt if you get a ticket. You have used the car park precisely in the manner in which it was intended. Unless you do get a ticket I would do nothing.

Coupon-mad

tm2383 wrote: »

I have read the sticky thread that you suggested reading and also did some general searches on the internet. The general consensus (rightly or wrongly) seems to be that the parking company can really only issue a penalty notice for breach of contract, on the basis that there was some sort of financial loss to them because of the overstay due to the breach.

Oh dear, it's the random searching on the internet for a consensus that worries me.

You've searched and read irrelevant/uninformed or old opinions and believed that there has to be a loss/pre-estimate of loss. In fact that is the very last thing to argue! That was thrown out with the Beavis case in 2015 so you've either read stuff from over a year ago or stuff from someone who doesn't know.

Where in the NEWBIES thread do I tell you that a PCN is only recoverable if there has been a loss? I don't. Because it's not true.

Where in the NEWBIES thread do I tell you in so many words, that PCNs are 'enforceable'? Or 'unenforceable'? I don't, because it's not that simple. However, Euro Car Parks ones are, they never sue people anyway and are fairly easy to beat at POPLA. I've ignored them pre-POFA, years ago, myself (no big deal, some silly letters arrived) and on this forum since 2012, we've helped people beat them at POPLA regularly.

Forget the ides of 'no loss'. Forget worrying about the silly thing!

STOP PHONING ABOUT PARKING TICKETS. NO-0NE PHONES ABOUT PCNS!

Relax and if you get one, appeal it with the template in the NEWBIES thread. You are trying to reinvent a wheel that's already sorted for you (here on this forum) and is unlikely to cause you any problems at all, should you get a PCN.

tm2383

Thanks for the information. I appreciate it!

The_Deep

The best way to inform yourself is to read current cases on here, peppipoo, legal beagles, and Parking Cowboys. Avoid Mumsnet, Honest John and Facebook.