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Thoughts on prospects of success

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I received a fine from Euro Car Parks and have had an appeal to them rejected. Fine amount is £60. Wondering if anyone with experience has a view. This was my appeal:

"I entered the car park to charge my vehicle at 8.56am.  I connected my vehicle to the Instavolt charging point, and using their app started charging, then noticed that there was aa necessity to also pay for parking. I found the machine, which was cash only, and I did not have any cash. There was no ability to pay with a device, other than to download the Euro Car Parks app, which I did.  This app requires you to register, which I did - I have a text code to verify my account from your linked number +44 7860 006000 received at 09.04 on 13th May proving this. (image was attached).

I then tried to pay for the parking, however your app needs a payment card adding.  I do not carry a payment card - I pay for all my goods and services with my iphone, which although has my card stored in my wallet and Apple pay feature, as a security measure, it does not show the full 16 digit number which was a requirement of your app.

Being unable to pay for the parking, I then disconnected the charger, having spent £6.01 for 14 minutes as detailed in my instavolt app (image was attached) and left the car park at 09.15 as noted by you.  This whole process was extremely stressful, and not a usual experience when using Instavolt chargers. I have not come across other locations where you need to pay for parking AND charging, however I was willing to pay as evidenced by my experience.

My appeal is therefore based on me being willing to pay, but not being able to due to your inability to accept a modern method of payment at either your parking machine via contactless payment, or within your app using apple pay or similar.

Additionally, your penalty charge amount is out of proportion for the time spent in the car park."

Comments

  • Coupon-mad
    Coupon-mad Posts: 150,855 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 June 2022 at 1:30PM
    I would also argue that charging is not parking and get some pics of the signs at the EV bays to show how unclear the rules are when charging.

    Maybe state instead that it was totally unclear whether EV charging is also deemed 'parking' and therefore is the landowner really expecting that 2 tariffs apply.  I suspect not.

    Get rid of this (quoted below - the argument has no legs) and then your appeal is OK...

    ...but you almost certainly won't win at this stage (maybe at POPLA stage you might, if you add the usual points from the NEWBIES thread):
    Additionally, your penalty charge amount is out of proportion for the time spent in the car park."
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 43,222 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you complained to the retailer/landowner about this?  Can you share the name of the retailer and the location please, it could help others avoid being caught out there in future?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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