ParkingE notice via Europcar

Discounted

Hello, I have spend several hours trying to match this case up to others, but couldn't find a match.

I hired a car from Europcar. During the hire I stopped in a train station car park to pick someone up. I entered the car park and waited in the vehicle for 15 minutes. This sign is visible as you turn off the main road (Image 3). Further up the road are these signs, which does not indicate one is entering a different carpark (Image 1 and 2). I did not purchase a ticket as I assumed 20 minutes were free throughout the car park. This occurred on 22.03.2019.

A PPC (member of the BPA) issued a parking charge notice to Europcar on the 28.03.2019, this is indicated as arriving at Europcar on 01.04.2019. This notice contains details of the car, the time of occurrence, the name of the car park, and images of the car entering and leaving the carpark.

On 10.05.2019 (over a month after the noticed was issued) I received a letter dated 07.05.2019 from Europcar which contained the original one-page parking charge notice. The letter also contained an invoice from Europcar and a cover letter informing me that:

1 - Europcar has paid the notice on my behalf (£60) and added a fee (£40).
2 - Payment for this is due within 14 days unless I provide a "legitimate reason" why payment by Europcar should not have been made.
3 - If I want to appeal I should contact Europcar.

I did not seen an example of this in the Newbie post or elsewhere (though I can imagine it exists).

I am currently planning on sending the following but I think it might not do the trick as the invoice has been paid.

Any help or advice would be very gratefully received!

Dear Europcar

I challenge the PCN (REF) sent to you on DATE by PPC on the grounds that the signage present when entering the car park fail the test of 'large lettering' and prominence, as established in ParkingE Ltd v Beavis. ParkingE's unremarkable and obscure signs were not seen by the driver, are in small print and the terms are not readable to drivers (image 1 and 2 attached). Additionally, significantly more prominent signage indicating a free period of parking that exceeds the time the car spent in the carpark is clearly visible when turning from the main road (image 3 attached). There was no significant signage indicating that these signs only applied to a portion of the parking spaces surrounding the station.

Further, I understand ParkingE do not own the car park in question and have given no information about their policy with the landowner or on site businesses, to cancel such a charge. Please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

If ParkingEye does not uphold this appeal, they must offer a POPLA code or cancel the charge.

Yours faithfully,
My name

I am a new user so I can't post image links, so please delete space between ibb. and co to view images.

Image 1 ibb. co/DR2XNMP
Image 2 ibb. co/fkp4rdd
Image 3 ibb. co/F3H8fb3

Fruitcake

You should do a chargeback and put the paymet in dispute if you paid by debit or credit card.

Complain to Europcar that they have denied you the opportunity to appeal the initial invoice from the PPC or make an independant appeal which is your right in accordance with the Alternative Dispute Regulations Act 2015.

Check the hire agreement to see if it covers private parking charges. Normally the Ts and Cs only say fines and penalties from an authority. A PCN from an unregulated parking scammer is none of these.
Check if Eurocrap are members of a trade association. If they are members of the BVRLA you should complain that Eurocrap have not followed the BVRLA guidelines that specifically tells hire companies not to pay these charges but to pass the invoice on to the hirer.

Had they done this they would have discharged their liability. As it is now, they are responsible and their decision to pay the scammers and is nothing to do with your.

Complain to your MP about this unregulated scam as well.

I can't get those links to work. Please upload redacted imagas to a web hosting site such as postimages or tinypic or similar, then post the URL here but change http to hxxp. Someone here ill change them back to live links.

Discounted

Thank you for the response, very helpful.

1 - They have not charged my card yet but will do on the 21st May unless I appeal.

2 - Hire agreement says this:

Fines & Charges

You are liable for the payment of all charges, fees & costs arising from any congestion charge, bus lane penalties, speeding fines, road traffic offence, or parking offence involving the vehicle, including costs from the vehicle being clamped, seized or towed away & any charges/costs (or failure to pay) of the appropriate organisation if & when they ask for these payments together with our administration fee.

3 - They are members of BVRLA so I will include that in my letter to Europcar.

4 - New image links: hxxps://postimg.cc/gallery/ram5wmmc/

Umkomaas

https://postimg.cc/gallery/ram5wmmc/

The_Deep

Nine times out of ten these tickets are scams and will fail in court so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, ersistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

Fruitcake

None of these cover invoices from unregulated private parking charges.

You are liable for the payment of all charges, fees & costs arising from any congestion charge, bus lane penalties, speeding fines, road traffic offence, or parking offence involving the vehicle.

Even if they pretend their Ts ad Cs cover unregulated private parking charges, this part is an unfair contract term as they deny the hirer the opportunity to appeal by paying the scammers and charging the hirer before they even know about the invoice.

including costs from the vehicle being clamped, seized or towed away & any charges/costs (or failure to pay) of the appropriate organisation if & when they ask for these payments together with our administration fee.


In addition, this was at a station where byelaws probably apply meaning that neither the hirer or keeper can be held liable, and the signs are incapable of importing a contract.

Check the paper copy of the hire agreement against the online version as we have known them to be different in some cases.

You link made live.

https://postimg.cc/gallery/ram5wmmc/

Tell your card provider you have been told about a scam charge that is pending so you want to put it into dispute now.

Coupon-mad

I can't understand why you've written an 'appeal' addressed to Europcar?

You need to be MUCH more careful if you drive a leased/hire car.

NEVER EVER drive in an ANPR car park - be more alert to scams.

Half_way

Do not, under any circumstance refer to this as a fine, or penalty when dealing with europcar

Discounted

Thank you Fruitcake, Half_way, Umkomaas and The Deep for your helpful comments. I will bear these in mind as I continue!

Thank you also Coupon-mad; hindsight is a wonderful thing, and I am sorry you thought I was somehow being reckless with my decisions. My 'appeal' is written to Europcar in the first instance as they are the ones who will charge my card and who have paid the PCN.

Coupon-mad

I don't think you were reckless; most people don't expect this sort of scam and don't look at signs/cameras, but you need to!


You can try an appeal to ParkingEye and a complaint to the landowner, which is your only hope of a refund.