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Euro Parking Services - Birmingham - Parking fee changed I was unaware...
J_W_
post Wed, 7 Nov 2018 - 23:04
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Hi guys,

Just wanted some advice on the following really:

The driver received a ticket dated on the 24th October 2018 from Euro Parking Services for a car park located in Birmingham called the East Side Car Park (B5 5RG) just on Andover Street. This was the week they actually altered the all day price from £2.50 to £3.50. The driver didnt see the sign alteration they had put up on the morning and only paid the regular £2.50 as he had always done and there was no notice given on the parking meter itself just the exterior signs if the driver remembers rightly. The driver actually later asked a friend who parked there for the last few years and told him that the fee has actually been at £2.50 for four years now so just the drivers luck it changes 3 weeks into parking there and they hit him with a fine.

The fine is displayed on the details as balance due: £60 but parking charge amount at £100. (Pay in 14 days to receive the reduced rate)

It is also worth noting that the fine was addressed to the drivers brother who he bought the car off last year it seems he didn't change the details with the DVLA just yet.

Any further information required just let me know. Obviously im a little ****** off by it all due to the nature of the charge and feel the driver has more than just one leg to stand on to dispute but I was told you kind gents would be best suited to advice on further course of action!

Thanks in advance!

This post has been edited by J_W_: Thu, 8 Nov 2018 - 17:05
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post Wed, 7 Nov 2018 - 23:04
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Dave65
post Wed, 7 Nov 2018 - 23:11
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Is this 24th November 2018?
Also Edit your post and remove anything that may ID the driver only refer to "the driver" did this or that or did not notice.
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J_W_
post Thu, 8 Nov 2018 - 11:29
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QUOTE (Dave65 @ Wed, 7 Nov 2018 - 23:11) *
Is this 24th November 2018?
Also Edit your post and remove anything that may ID the driver only refer to "the driver" did this or that or did not notice.

Yes it was 2018. I have amended all the requested changes. My apologies.
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ManxRed
post Thu, 8 Nov 2018 - 11:35
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Did the driver say anything about next week's lottery numbers?

Were the signs announcing the price change prominently displayed?

This post has been edited by ManxRed: Thu, 8 Nov 2018 - 11:36


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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nosferatu1001
post Thu, 8 Nov 2018 - 11:54
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Whats being queried is that the 24th november 2018 hasnt yet happened
Did you mean October instead?
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J_W_
post Thu, 8 Nov 2018 - 17:04
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QUOTE (ManxRed @ Thu, 8 Nov 2018 - 11:35) *
Did the driver say anything about next week's lottery numbers?

Were the signs announcing the price change prominently displayed?


Ah dear, I have just now realised my mistake! Sorry yes the 24/10/2018 was the date of the parking charge.

Just checked on google maps and there is a sign on entry and signs above both of the parking meters so yes they are quite clearly displayed however the only change communicated the driver said was a change of the number 2 on the sign to a 3. No other notices given.

This post has been edited by J_W_: Thu, 8 Nov 2018 - 17:10
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Dave65
post Thu, 8 Nov 2018 - 17:05
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There still needs to be one thing edited after the 2nd £2.50!
Must always refer to "the driver"

This post has been edited by Dave65: Thu, 8 Nov 2018 - 17:07
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J_W_
post Thu, 8 Nov 2018 - 17:06
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QUOTE (Dave65 @ Thu, 8 Nov 2018 - 17:05) *
There still needs to be one thing edited after the 2nd £2.50!


Was already on the case! Cheers pal
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SchoolRunMum
post Thu, 8 Nov 2018 - 18:45
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QUOTE
It is also worth noting that the fine was addressed to the drivers brother who he bought the car off last year it seems he didn't change the details with the DVLA just yet.


Which of the two would be the most robust and informed, good at research and writing/presenting a case in court?

Not joking, which one should be the Defendant when the scumbags sue? The case is winnable (get some photos of the lack of extra signage to alert people to the tariff change) but decide now whether the brother is most confident to defend it or whether the current keeper should, and will they be up to it.

Either way, no paying it of course. There is NO APPEAL that is likely to work v an IPC firm, that's one of the many scandalous things about the industry.
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J_W_
post Thu, 8 Nov 2018 - 19:34
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QUOTE (SchoolRunMum @ Thu, 8 Nov 2018 - 18:45) *
QUOTE
It is also worth noting that the fine was addressed to the drivers brother who he bought the car off last year it seems he didn't change the details with the DVLA just yet.


Which of the two would be the most robust and informed, good at research and writing/presenting a case in court?

Not joking, which one should be the Defendant when the scumbags sue? The case is winnable (get some photos of the lack of extra signage to alert people to the tariff change) but decide now whether the brother is most confident to defend it or whether the current keeper should, and will they be up to it.

Either way, no paying it of course. There is NO APPEAL that is likely to work v an IPC firm, that's one of the many scandalous things about the industry.


I believe it would be brother in which the letter is not addressed. So do these things always go to court or do they sometimes dismiss on appeal?
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Jlc
post Thu, 8 Nov 2018 - 19:40
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Some BPA members do uphold appeals when they know POPLA will cancel it. (e.g. Lack of keeper liability)

Most appeals are rejected as a matter of course as there's no income in accepting them!

Not all firms issue court claims mind, but they do have 6 years. This company seems a little litigious - here.

Personally, I think it looks good to offer them the £1 and perhaps a small amount for their admin overhead - they'll reject of course, but may assist at court (particularly for costs).


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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J_W_
post Thu, 8 Nov 2018 - 23:44
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QUOTE (Jlc @ Thu, 8 Nov 2018 - 19:40) *
Some BPA members do uphold appeals when they know POPLA will cancel it. (e.g. Lack of keeper liability)

Most appeals are rejected as a matter of course as there's no income in accepting them!

Not all firms issue court claims mind, but they do have 6 years. This company seems a little litigious - here.

Personally, I think it looks good to offer them the £1 and perhaps a small amount for their admin overhead - they'll reject of course, but may assist at court (particularly for costs).


So in terms of a plan of action should the driver appeal through a letter written by themselves or use a specific website or form?

There is no doubt that the signs were changed and clearly displayed, the driver just thought that maybe upon appeal they would show a little compassion considering the circumstances. Its slowly becoming apparent that the word compassion doesn't exist in the industry!

To be honest the driver is considering paying the £60 in order to avoid the further £40 that may follow if he does not pay early or would you strongly advise against?

EDIT: Also in regard to them looking litigious it does seem that perhaps they have actually gone the other way in the last year. Claims have gone up but the total court cases has dropped substantially.

This post has been edited by J_W_: Thu, 8 Nov 2018 - 23:51
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nosferatu1001
post Fri, 9 Nov 2018 - 07:38
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We cannot advise you, just give you the facts and likelihoods so you cna base your decision

As pointed out, you have a choice - reveal the driver and let them deal with it, or continue to defend as keeper.
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