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Euro Car Parks paid and still got a PCN, Paid for a parking via paybyphone and still got a PCN ticket
DmitryD
post Sun, 29 Nov 2020 - 22:55
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Hi Everyone,

I entered a car park owned by Euro Car Parks in the Newport town centre at 10:44 and left at 12:19 (as states on PCN).

I found that the payment machines on the car park were not in operation, therefore, I used 'paybyphone' app to pay for the period 10:56 to 12:56.
Couple of days later I have received a letter with the PCN.

I used 'identify car park by location' to find a car park which suggested me this car park on the app. However, after I received a PCN I checked the location reference number from the parking summary details and it seems the mobile app picked some car park which is adjacent and the one I parked is missing from the app (on the screenshot attached).

I appealed to the Euro Car Parks hoping that the car park I paid for was actually where I parked and this would be considered. However, I suppose they would reject this...

Currently, a charge is £60 and after 10 days they are turning this to £100 which is quite common. I suppose appeal would not be considered until change changes to £100.

Considering all the above what are my chances on the appeal?
This is a random car park without any facility nearby whom I could approach to discuss this, thus not even able to identify landowner.

Is it common for these companies to rip people off on such things?

Would appreciate any suggestions

This post has been edited by DmitryD: Tue, 1 Dec 2020 - 20:32
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post Sun, 29 Nov 2020 - 22:55
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Gerfc1
post Sun, 29 Nov 2020 - 22:59
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I hope you have not put your name as the driver.

Post up PCN, redacte your name, PCN numbers, etc but leave the dates
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ostell
post Sun, 29 Nov 2020 - 23:42
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Did the signs say use pay by phone? So the method you were using to pay has failed and allocated the payment to a different park. This is a failure of their equipment and you have no liability
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DmitryD
post Mon, 30 Nov 2020 - 21:56
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QUOTE (Gerfc1 @ Sun, 29 Nov 2020 - 22:59) *
I hope you have not put your name as the driver.

Post up PCN, redacte your name, PCN numbers, etc but leave the dates



Please see redacted PCN attached

QUOTE (ostell @ Sun, 29 Nov 2020 - 23:42) *
Did the signs say use pay by phone? So the method you were using to pay has failed and allocated the payment to a different park. This is a failure of their equipment and you have no liability


Yes, there was a large sign saying to pay by phone. This is why I assumed app would be working correctly.

I will take a photo of it tomorrow and paste it here. Hope this argument would be reasonable enough.

This post has been edited by DmitryD: Tue, 1 Dec 2020 - 20:33
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ostell
post Mon, 30 Nov 2020 - 22:49
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What PCN attached ?
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DmitryD
post Tue, 1 Dec 2020 - 20:36
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QUOTE (ostell @ Mon, 30 Nov 2020 - 22:49) *
What PCN attached ?


Not sure what is wrong, but I am not able to upload PCN to this forum's topic...
I have though took a picture (added in the post above) of the sign which clearly states to use this specific application to pay.
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Jlc
post Tue, 1 Dec 2020 - 20:42
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QUOTE (DmitryD @ Sun, 29 Nov 2020 - 22:55) *
Considering all the above what are my chances on the appeal?

Zero to none.

QUOTE (DmitryD @ Sun, 29 Nov 2020 - 22:55) *
Is it common for these companies to rip people off on such things?

As far as the parking company is concerned you didn't pay. They will say it was your responsibility to check carefully. They only make money from issuing charges.

It sounds like you've given them the driver details too which may have given an approach to challenge.

POPLA will not help you either.


So, you either concede you made a mistake and pay the reduced charge or stick it out for 6 years and see if they raise a court claim. You could consider offering them the tariff and a small admin charge to appear 'reasonable' should it go to court.

They are not particularly litigious though.

This post has been edited by Jlc: Tue, 1 Dec 2020 - 20:42


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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ostell
post Tue, 1 Dec 2020 - 20:43
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Try posting to a hosting site such as imgur and put the link on here. Could you do all of the sign please
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Jlc
post Tue, 1 Dec 2020 - 20:48
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QUOTE (ostell @ Sun, 29 Nov 2020 - 23:42) *
So the method you were using to pay has failed and allocated the payment to a different park. This is a failure of their equipment and you have no liability

Typing the location code as per the signs works.

Unless the 3rd party are willing accept an error in their geolocation option then ECP will stick to their guns.


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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DmitryD
post Wed, 2 Dec 2020 - 19:23
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QUOTE (ostell @ Tue, 1 Dec 2020 - 20:43) *
Try posting to a hosting site such as imgur and put the link on here. Could you do all of the sign please


I have uploaded redacted PCN over here: https://ibb.co/t8D9YPS

Here is one more picture of the sign: https://ibb.co/pzw7Jd1

QUOTE (Jlc @ Tue, 1 Dec 2020 - 20:42) *
QUOTE (DmitryD @ Sun, 29 Nov 2020 - 22:55) *
Considering all the above what are my chances on the appeal?

Zero to none.

QUOTE (DmitryD @ Sun, 29 Nov 2020 - 22:55) *
Is it common for these companies to rip people off on such things?

As far as the parking company is concerned you didn't pay. They will say it was your responsibility to check carefully. They only make money from issuing charges.

It sounds like you've given them the driver details too which may have given an approach to challenge.

POPLA will not help you either.


So, you either concede you made a mistake and pay the reduced charge or stick it out for 6 years and see if they raise a court claim. You could consider offering them the tariff and a small admin charge to appear 'reasonable' should it go to court.

They are not particularly litigious though.


Never approached such a situation so I have filed an appeal. I suppose this would provide them with the driver details...

Thanks for suggesting. I think ECP would not care for the omission on their partner's mobile app too.
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