Euro Car Park

Muttonchops_1943

Hi,
I parked in a local car park early one morning for a total of 36 minutes without a ticket. The car park has recently changed from being a coin operated machine to an upgraded coin and card machine. I did try to use the machine but failed miserably, the instructions being hard to read on such a small screen when you don't have your reading glasses on! After putting my card in and out with no luck, I gave up. My car stayed in the car park for 36 minutes in total before driving away.


Letter received from Euro Car Park, demand for £100 with two pictures of the car reg showing time car arrived and left.


My question is, would it be reasonable to offer a reduced figure to Euro Car Park, say £25 and would they be likely to accept? I was in the wrong and I acknowledge this. I just think the sum they are asking for disproportionate to the time I spent there and the fact the car park was empty at that time of morning.

Redx

you were not in the wrong

its called "frustration of contract" and the BPA CoP also mentions about letting drivers know and being fair with them when new conditions in the rules and regs occur

no they wont accept a reduced figure

its either pay in full , or fight , we would tell you to do the latter and to start by reading the NEWBIES FAQ sticky thread, third thread down from the top of this forum

a landowner complaint is always the best option anyway, so think about doing that too

Muttonchops_1943

Thank you - I have no idea who the owner of the car park is. It sits directly at the back of a row of shops and also serves a RedWings pub/hotel.


I've read through the Newbies FAQ and I feel completely bamboozled by it...I just thought if I offered a reduced rate rather than them fight me for it, they might accept.

Muttonchops_1943

I've gone on their online appeals page and have posted the following, using the template.


I've noted the card machine had frozen and also as a person with a long term, chronic health condition under the Equalities Act require additional time.


Fingers crossed, but from I have read, ECP routinely reject appeals anyway so it is to be expected...






I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end. In addition, an occupant of this car is disabled under the Equalities Act with a long-term debilitating condition requiring daily medication to manage a life threatening illness, and is legally entitled to a 'reasonable adjustment'. That can and should include an extension of time, over and above free or paid-for parking time.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.


Finally, an attempt was made to use the card machine which failed when the card was inserted. The machine did not respond to the car being inserted and no instruction was shown on the screen on how to resolve this. This constitutes a ‘frustration of contract’ on your part.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Coupon-mad

That's good. You were not in the wrong, so come away from that mindset.

Don't offer any money, we all ignore Euro Car Parks if a case loses at POPLA appeal.

paddedjohn

Coupon-mad wrote: »

That's good. You were not in the wrong, so come away from that mindset.

Don't offer any money, we all ignore Euro Car Parks if a case loses at POPLA appeal.

Hi, I'm only at the first appeals stage and am following your advice using the template provided. Once this goes through what are the chances that they chase this up after we have decided to ignore them? Thanks.

MothballsWallet

fletchie wrote: »

Thank you - I have no idea who the owner of the car park is. It sits directly at the back of a row of shops and also serves a RedWings pub/hotel.


I've read through the Newbies FAQ and I feel completely bamboozled by it...I just thought if I offered a reduced rate rather than them fight me for it, they might accept.

If you can find the council website for that area, give them a call and ask who pays the commercial rates for that site - it's publicly available info and they should be able to tell you: if not, try the Valuation Office (VOA).

D_P_Dance

My question is, would it be reasonable to offer a reduced figure to Euro Car Park, say £25

Not imo, you tried to pay, their machine would not accept it, ergo no contract. Offer them not one groat. If they were daft enough to take this to court I suspect that they would crash and burn.


Complain to your MP. On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies. erreconsid

Coupon-mad

paddedjohn wrote: »

Hi, I'm only at the first appeals stage and am following your advice using the template provided. Once this goes through what are the chances that they chase this up after we have decided to ignore them? Thanks.

You won't be ignoring them. You will be trying POPLA like everyone does.

paddedjohn

Just a follow up to let you know that after following your advice I went into the pub in question and the manager is getting the ticket cancelled, thanks.

D_P_Dance

Do not bank on that. Get that in writing. These scammers often ignore the instructions of their employers.

Have you complained to your MP yet?