Keying Errors On Payment Machines

pudgy123

Hi all,

I've found this forum very useful and it's given me the courage to challenge my parking "fine" from Euro Carparks.

I've had the letter of claim, an offer without prejudice and now another email wanting the £170 or threatening legal action from DCB Legal.

I'm just working on my defence and I wish to argue that I've attempted to fulfil the contract in good faith, entering the first 4 characters of my registration but I've been defeated by the complexity of the payment machine and I've been unable to complete my registration before going on to payment (which I've made).

I've emailed Euro Carparks and POPLA asking for the number of keying errors at the carpark in question (so I can show that there is a design flaw in the machines, intentional or not) but I'm not holding my breath for an answer.

Do any forumites know any sources of information showing the complexity of these machines, the incidence of keying errors or anything else that might be useful in my defence?

Thanks, Pudgy

Nellymoser

Are you using the Template defence?

There's lots of info in this thread on 'keying errors'

https://forums.moneysavingexpert.com/discussion/comment/81372468#Comment_81372468

pudgy123

Thanks for the reply NM. I've had a reply from Euro car parks who say they are not obliged to provide any information so I'll find the anecdotal evidence you linked to very useful.

I found the template eventually, and I'll certainly adapt it for my own defense, thanks for the pointers

pudgy123

I went on Google reviews for the car park (Rodney St, Wigan) and over 60 of the first 70 reviews complained about keying errors and recieving threats of legal action, so clearly not just me.

I emailed the local MP (Lisa Nandy) pointing out that this is obviously a widespread problem for her constituents and asking for her help in addressing the issue.

Coupon-mad

Nice fightback.

You'll never pay this invoice anyway because DCB Legal always discontinue defended ECP claims before hearings.

There is a lot of publicity about ECP keying errors caused by their faulty or non-intuitive machines. Don't just read about Rodney St. There's a Kent newspaper article by a journalist called Elli, who discovered shocking figures about ECP's "scam" at Kent Country parks.

pudgy123

That's all useful info, thanks Couponmad. I don't expect it will go to court but I thought I'd get my ducks in a row and give ECP a little mild discomfort.

foden11

Iam helping my stepdaughters husband with one here in Preston where the ticket machine conventley missed the last three digits of ticket.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81902731#Comment_81902731

Very common. Loads of news articles including Lynda Eagan demonstrating in a video how that is set up by the machine…

pudgy123

The Lynda Eagan BBC video is here

BBC News - Parking fines: Drivers taken to court over car park keying errors - BBC News
https://www.bbc.co.uk/news/articles/cdeln2ly1z0o?app-referrer=deep-link

And is very interesting. It's an Excel machine but seems to operate in the same way as Euro Carparks.

Also interesting is the Competition And Markets Authority asked ECP 6 times for statutory information which may be preparatory to an investigation into unfair trading. ECP ignored their request and has now been fined £473,000.

This is the line I'm intending to take in court, that ECP are acting in bad faith by making their machines intentionally confusing. I've got a lot of anecdotal evidence but of course ECP won't release their figures to me. Hopefully the CMA have them now, and launch an investigation.

It might be worth forumites who have had similar issues, contacting the CMA with their evidence as we may be able to put considerable pressure on the parking industry to change their unfair practices by that route, maybe with some substantial fines on the way 😁

Coupon-mad

It is always worth people with actual evidence of misleading or unfair terms, actions, systems, signs or conduct by parking firms or their 'debt recovery' scammers to contact the CMA with your evidence.