Eurocarparks: wrong registration

icecoffee

Good afternoon, just received as expected a PCN from euro car parks for non payment on a p&d. Nonetheless I’ve paid however due to rainy weather the machine couldn’t recognise full registration of vehicle, however I did enter the first 2 letters of the reg. as I did already process the payment when realised it was just 2 letters I left it and just displayed the receipt in the car.

whats the best way to appeal and win this? I still have original receipt of the machine and the same day I contacted them via mail to let them know however they don’t accept email.

icecoffee

Photos attached 

KeithP

One might wonder why in this day and age, with the technology available, the machine didn't refuse to issue a ticket when an obviously invalid registration number was entered.

In fact, going further than that, why does this technology allow a ticket to be issued for a vehicle that hasn't even entered the car park? Their ANPR cameras know which cars have arrived, yet their ticket machine happily issues a ticket for a car that hasn't arrived.

DE_612183

You should appeal and make sure you reference a "minor keying error" - you may succeed, and you may not - did you visit a shop? Ask then to intervene, or the landowner or your MP.

icecoffee

KeithP said:

One might wonder why in this day and age, with the technology available, the machine didn't refuse to issue a ticket when an obviously invalid registration number was entered.

In fact, going further than that, why does this technology allow a ticket to be issued for a vehicle that hasn't even entered the car park? Their ANPR cameras know which cars have arrived, yet their ticket machine happily issues a ticket for a car that hasn't arrived.

Perhaps to issue motorists with charges in hope they will settle for it?

KeithP

icecoffee said:

KeithP said:

One might wonder why in this day and age, with the technology available, the machine didn't refuse to issue a ticket when an obviously invalid registration number was entered.

In fact, going further than that, why does this technology allow a ticket to be issued for a vehicle that hasn't even entered the car park? Their ANPR cameras know which cars have arrived, yet their ticket machine happily issues a ticket for a car that hasn't arrived.

Perhaps to issue motorists with charges in hope they will settle for it?

Well of course. We all know it is just to trick the motorist.
I should've perhaps said they were rhetorical questions.  

icecoffee

Anyone with a good response on how to win the appeal? Thanks

Not_A_Hope

It is very unlikely you will win the appeal as that doesn’t earn Euro Car Parks any money. They may offer a £20 minor keying error instead but it will be up to you how much of your time you wish to spend fighting this scam. If it was me I wouldn’t give them a penny and see them lose more money in court.

icecoffee

Not_A_Hope said:

It is very unlikely you will win the appeal as that doesn’t earn Euro Car Parks any money. They may offer a £20 minor keying error instead but it will be up to you how much of your time you wish to spend fighting this scam. If it was me I wouldn’t give them a penny and see them lose more money in court.

How are they gonna lose in court? What would you suggest? Leaving it as it is?

Not_A_Hope

I would provide evidence that the fee was paid and inform them that the error was that of their P&D machine malfunctioning. As a matter of best practice the keeper should never identify who the driver actually was. They may offer a £20 minor keying error payment. As members of the BPA they should also offer a POPLA code for you to appeal but don’t be too surprised if your appeal is also rejected. These appeal bodies are there to support their trade members not to be fair to the motorists.

If you refuse to pay and they take it all the way to a court claim you can demonstrate that you paid and Euro Car Parks had no legitimate interest in pursuing this claim. There is case law involving similar failure of P&D machines to print full VRNs which would support your case. You can use the recommended template defence which provides many more potential defence points. Now would be the time to collect any supporting evidence e.g. inadequate signage.

My son got caught in a similar 2 digit number plate scam a few years ago involving an IPC registered PPC. They took it all the way to a court claim but didn’t bother to turn up in court. As the defendant he was awarded £95 in costs.

Not_A_Hope

To re-assure you it is possible to challenge and beat this scam PCN in court if necessary here is the judges summary courtesy of the Parking Prankster. You can download the full case court document.

Please download CS033 Excel Parking v Mrs S. C8DP11F9 (Peel Centre ticket failure).

The final paragraph is reproduced here.

I am satisfied that the ticket then produced is the ticket that she has produced to the court. It was through no fault of hers that this ticket displayed the letters “QQ” instead of her registration number. She obtained a ticket. She made the payment to obtain that. She displayed that ticket. It shows the relevant time of entry. It shows the amount that she has paid and it shows the registration number that the ticket machine produced. It would have been unreasonable to expect the defendant to do anything further beyond that as far as I am concerned. The registration number is not accurately
reflected but that is through no fault on the part of the defendant and I find on the balance of probabilities that the defendant had inputted the correct registration number and she had then displayed the ticket that was issued and so to all intents and purposes had fully complied with the terms and conditions applicable to this car park. Accordingly, I am going to dismiss the claim