ECP £20 Admin fee

AndrewS1973

Hi, apologies if this is covered on another post, but I couldn't see one. I got a ticket from ECP (based on number plate recognition cameras)  which I appealed on the grounds that although I hadn't punched the correct reg number into the machine (aside from the first two letters it was gobblydegook so I suspect the machine messed it up) I had  actually paid and sent the ticket (that was clearly displayed as required on the dashboard) and bank statement as proof. However, ECP is now saying that I owe them a £20 admin fee because I didn't meet their T&Cs which include providing the reg of the car. If I don't pay this fee within 14 days they say I will be liable for the original fine. They also claim the payment was made over the phone which is untrue as I paid at a machine.

Are they within their rights to charge me an admin fee, and if I don't pay it are they within their rights to revert to the original fine, even though they appear to have accepted my evidence that I did pay? 

Thanks a lot for any help

Fruitcake

£20 is the new scam invented by the unregulated parking industry to punish someone who has made a mistake when entering their VRM, even though the technology exists to prevent this from happening.

Plan A is always a complaint to the landowner and the keeper's MP. 
If that fails you then have to decide if it is worth £20 to end it now, or going through the biased appeals system and possibly the courts where you play the game of judge bingo.

A single typo should result in the PCN being cancelled, for example entering 1 instead of I or O instead of 0. That's called a minor keying error.

A major keying error is when two or more characters have been entered incorrectly, or even the reg number of another car that perhaps you might own.

The short answer to your question is, yes they have the right to charge you £20, but only you can decide if it is worth doing this to avoid having to spend time and effort to appeal which you may not may not win.

When the new mandatory government parking code of conduct is introduced, this will be a thing of the past and there will be zero charge for making a keying error, so please keep an eye out on this forum for when the government consultation is produced.
We need everyone to get involved.

AndrewS1973

Thanks a lot. Interestingly the letter does refer specifically to a “major keying error”. It was on one of those really icy cold nights before Christmas and the machine really didn't want to play ball accepting a contactless payment. 

Coupon-mad

As said, they can charge £20 but the Government has removed that scam for the future (regulation and statutory Code of Practice effective in about a year).

You don't have to pay though.

ECP are not litigious so you are safe and within your rights to dig your heels in.

In your complaint, ask the landowner why their agent is ignoring the new DLUHC Code of Practice, which is far fairer and the BPA has stated should be being observed & followed already.

AndrewS1973

Thanks a lot. I actually went back to the car back and looked at the signage again and while it does ask you to put in your reg number it doesn't mention anything about being fined if you don't or entering into any kind of contract. Good point about the DLUHC Code of Practice, but it's not immediately clear who owns the car park. It's on the site of a formerly derelict building. Might need to do some digging on that.

Coupon-mad

Show us those signs please.  If they are unclear, e.g. with no contract and the £100 not there or buried in small print, then it is worth using that POPLA Code ECP have given you.