Can I challenge a Parking Charge Notice (classed as a Major Keying Error) in Court?

LetLoveWin

Hello,

I received a parking charge notice (PCN) of £100 from Euro Car Parks (ECP) recently. I appealed the PCN explaining that I paid but had mistakenly put the wrong vehicle registration number (that of my second car).

I have received their decision to my appeal. Apparently, this is described as a “major keying error”. The key part of their decision is reprinted below:  

“ECP can confirm the parking charge notice has been issued correctly and the £20.00 administration fee is now due as per the British Parking Association Code of Practice. Failure to pay the £20.00 administration fee within 14 days from the date of this letter the parking charge notice amount will revert back to the original amount due when the appeal was logged.

Once the payment of the £20.00 administration fee has been received within 14 days from the date of this letter, the parking charge notice will be closed and considered settled.”

Although in their decision they appear to have reviewed and reduced the PCN, I feel the £20 charge is still unfair. Strictly speaking, they suffered no loss as I paid the correct amount to use the park on the day. Even their decision letter confirms that payment was actually made using the vehicle reg of my other car. I don’t think it is fair that the parking operator can on one hand accept payments associated with “keying errors” (essentially accepting payment for a car that did not park on their site) and still charge the same customer on the other hand.  

The decision letter advises that I have the option of appealing the decision with their Independent Appeals Service. But notes that if I decide to take that option, and my appeal is rejected, the option of paying the £20 will be replaced by the original £100 charge. 

I am not so keen on appealing to their Independent Appeals Service because I fear the ECP decision will be upheld.

Do you think I have a good argument to fight this in court and that I have a good chance of getting the charge completely cancelled? Or am I better of just paying the £20? 

Kindly advise

Thanks 

Gr1pr

Popla will uphold the charge,  so dont bother appealing to popla 

Yes you might win in court due to full payment,  but you would have to be prepared to fight your corner,  possibly at a hearing within the next 6 years

Its your choice whether you fight it or put it to bed, your decision,  not ours

Ps, currently it's an unregulated industry,  so cowboy country 

Umkomaas

It will only go to court if ECP decide to sue you for the charge. It will need to go through a lengthy process, 6-9 months potentially from them starting to ramp things up (and they have 6 years in total to litigate).  ECP will have had expenditure in accessing your data from the DVLA and writing to you - probably less than a fiver, but £20 is the current charge for a 'major keying error'. 

If you're up to all the work (if a court claim is made), then you'll get support from the forum. But it won't be a case of rocking up in court and letting them have two barrels on the unfairness you feel in front of a judge.  Much more than that involved in the legal process. 

But, you could just ignore it, increases the likelihood of a claim (via DCB Legal), where, for single PCNs, most lead to a discontinuation. When that might happen cannot be forecast, other than anytime up to the Summer of 2031!

Have a read about DCB Legal discontinuations in the following thread where ECP appear writ large.  Make your mind up then. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1 

savergrant

LetLoveWin said:

Hello,

I received a parking charge notice (PCN) of £100 from Euro Car Parks (ECP) recently. I appealed the PCN explaining that I paid but had mistakenly put the wrong vehicle registration number (that of my second car).

I have received their decision to my appeal. Apparently, this is described as a “major keying error”. The key part of their decision is reprinted below:  

“ECP can confirm the parking charge notice has been issued correctly and the £20.00 administration fee is now due as per the British Parking Association Code of Practice. Failure to pay the £20.00 administration fee within 14 days from the date of this letter the parking charge notice amount will revert back to the original amount due when the appeal was logged.

Once the payment of the £20.00 administration fee has been received within 14 days from the date of this letter, the parking charge notice will be closed and considered settled.”

Although in their decision they appear to have reviewed and reduced the PCN, I feel the £20 charge is still unfair. Strictly speaking, they suffered no loss as I paid the correct amount to use the park on the day. Even their decision letter confirms that payment was actually made using the vehicle reg of my other car. I don’t think it is fair that the parking operator can on one hand accept payments associated with “keying errors” (essentially accepting payment for a car that did not park on their site) and still charge the same customer on the other hand.  

The decision letter advises that I have the option of appealing the decision with their Independent Appeals Service. But notes that if I decide to take that option, and my appeal is rejected, the option of paying the £20 will be replaced by the original £100 charge. 

I am not so keen on appealing to their Independent Appeals Service because I fear the ECP decision will be upheld.

Do you think I have a good argument to fight this in court and that I have a good chance of getting the charge completely cancelled? Or am I better of just paying the £20? 

Kindly advise

Thanks 

At what point did you realise you had made a keying error? I would expect some kind of 'administration charge' if they have had to chase you. How much does it cost a business to issue and post a PCN? Is £20 unreasonable? I guess if it was obvious what had happened e.g. 1 car in the car park. 1 payment made but reg didn't match then they'd have realised you were in the wrong car, but if there were 20 cars in the car park not registered and there's one wrong reg it's going to cost them to find out which cars haven't paid, even if that's sending a letter to ask for proof of payment.

LetLoveWin

Popla will uphold the charge,  so dont bother appealing to popla 

Yes you might win in court due to full payment,  but you would have to be prepared to fight your corner,  possibly at a hearing within the next 6 years

Its your choice whether you fight it or put it to bed, your decision,  not ours

Ps, currently it's an unregulated industry,  so cowboy country 

My google search so far, hasnt given me much confidence that I can win in court. You are right that this is an unregulated industry. More like the parking operators are the regulators. Its not fair!!!

LetLoveWin

Umkomaas said:

It will only go to court if ECP decide to sue you for the charge. It will need to go through a lengthy process, 6-9 months potentially from them starting to ramp things up (and they have 6 years in total to litigate).  ECP will have had expenditure in accessing your data from the DVLA and writing to you - probably less than a fiver, but £20 is the current charge for a 'major keying error'. 

If you're up to all the work (if a court claim is made), then you'll get support from the forum. But it won't be a case of rocking up in court and letting them have two barrels on the unfairness you feel in front of a judge.  Much more than that involved in the legal process. 

But, you could just ignore it, increases the likelihood of a claim (via DCB Legal), where, for single PCNs, most lead to a discontinuation. When that might happen cannot be forecast, other than anytime up to the Summer of 2031!

Have a read about DCB Legal discontinuations in the following thread where ECP appear writ large.  Make your mind up then. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1 

I have had quite some “run-ins” with parking operators over the past decade. I usually ignored their PCN letters, and it seemed to work as they just gave up chasing afterwards. That was until 2 separate parking incidents (same car park) which occurred in a space of 6 months in 2022.  

I ignored the PCN letters from the parking operator (Euro Car Parks) and the subsequent series of letters from the debt collectors. Things progressed until a hearing date was fixed. They adopted a smart strategy and combined the two claims into one court case.

I visited the court a week to the date of the case and confirmed they had made the requisite payment for the case. I knew I didn’t have a strong case, and I didn’t want my very good credit score impacted so I buckled… called the representatives and paid. Lol!

I have got a few others (that occurred in 2023 and 2024) which from the look of things is likely to end up in court.

In my experience the parking operators have in the last few years become more open to going to court.

LetLoveWin

Thanks to you all for your responses. Part of me wants to fight this all the way to court. I just havent seen enough to give me the confidence that I can win. 

Something really needs to be done about this parking operators!!!  

Gr1pr

It was and is, the Private Parking Bill 2019, plus the current MHCLG government survey that you should participate in due to your experiences so far 

Its all been happening whilst you have been accumulating PCNs

Car1980

Yes, you lost their game of chicken. Paying the hearing fee doesn't mean they won't still discontinue. They pay out £6million in court fees a year, so one more is a drop in the ocean 😀

Car1980

Personally, I'd tell Euro to stick their £20 where the sun doesn't shine.

They always discontinue single ticket court claims anyway. 

But I understand the "just bung them twenty quid to make them go away" as that's the attitude they try to foster. 

But do you want to be walked all over in life in general? They've had their money. If I had £20 every time somebody made an admin error I'd be very rich. What's next? Trying to get twenty quid out of the Royal Mail when the postman accidentally delivers your parcel next door? Trying to get an "administration fee" when a client accidentally misses your email?

Attempting to get a measly twenty quid out of someone and calling it a business model is just pathetic.

Umkomaas

I have had quite some “run-ins” with parking operators over the past decade.

If you're having so many 'run ins', it begs the question why?  PCNs are easy to avoid if you know the score (as you must be by now), steering clear of any car park infested by private parking operators, or if use is necessary, check the signage and comply with requirements.