Euro Parking Services - Birmingham - Parking fee changed I was unaware... |
Euro Parking Services - Birmingham - Parking fee changed I was unaware... |
Wed, 7 Nov 2018 - 23:04
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#1
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Member Group: Members Posts: 13 Joined: 7 Nov 2018 Member No.: 100,827 |
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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Wed, 7 Nov 2018 - 23:04
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Wed, 7 Nov 2018 - 23:11
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#2
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Member Group: Members Posts: 1,887 Joined: 16 Jul 2015 Member No.: 78,368 |
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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Thu, 8 Nov 2018 - 11:29
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#3
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Member Group: Members Posts: 13 Joined: 7 Nov 2018 Member No.: 100,827 |
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Thu, 8 Nov 2018 - 11:35
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#4
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Member Group: Members Posts: 9,985 Joined: 20 Aug 2008 Member No.: 21,992 |
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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Thu, 8 Nov 2018 - 11:54
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#5
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Whats being queried is that the 24th november 2018 hasnt yet happened
Did you mean October instead? |
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Thu, 8 Nov 2018 - 17:04
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#6
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Member Group: Members Posts: 13 Joined: 7 Nov 2018 Member No.: 100,827 |
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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Thu, 8 Nov 2018 - 17:05
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#7
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Member Group: Members Posts: 1,887 Joined: 16 Jul 2015 Member No.: 78,368 |
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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Thu, 8 Nov 2018 - 17:06
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#8
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Member Group: Members Posts: 13 Joined: 7 Nov 2018 Member No.: 100,827 |
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Thu, 8 Nov 2018 - 18:45
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#9
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
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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Thu, 8 Nov 2018 - 19:34
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#10
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Member Group: Members Posts: 13 Joined: 7 Nov 2018 Member No.: 100,827 |
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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Thu, 8 Nov 2018 - 19:40
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#11
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
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, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Thu, 8 Nov 2018 - 23:44
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#12
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Member Group: Members Posts: 13 Joined: 7 Nov 2018 Member No.: 100,827 |
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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Fri, 9 Nov 2018 - 07:38
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#13
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
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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Mon, 19 Nov 2018 - 13:23
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#14
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Member Group: Members Posts: 13 Joined: 7 Nov 2018 Member No.: 100,827 |
Small update: The driver has appealed through a hand written email posted to them on there website. Any particular advice going forward from this stage they should know? Tried to research similar cases but yet to find.
This post has been edited by J_W_: Mon, 19 Nov 2018 - 13:23 |
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Mon, 19 Nov 2018 - 13:26
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#15
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
How do you "hand write" an email and then post it to their website?
Obviously the appela was around unclear signage, and hte reuqirement that any changes meet the BPA CoP, The CRA2015 (you cant post a small sign saying its now £50 to park not £1...) and Lord Dennings "Red Hand Rule" |
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Tue, 20 Nov 2018 - 09:26
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#16
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Member Group: Members Posts: 13 Joined: 7 Nov 2018 Member No.: 100,827 |
How do you "hand write" an email and then post it to their website? Obviously the appela was around unclear signage, and hte reuqirement that any changes meet the BPA CoP, The CRA2015 (you cant post a small sign saying its now £50 to park not £1...) and Lord Dennings "Red Hand Rule" Just alluding to the fact that he did not use a template. Thanks for the info. |
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Tue, 20 Nov 2018 - 09:43
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#17
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
Have just come a bit late to this thread
The brother has a complete defence to the parking notice Although he was the registered keeper, he wasn't the actual keeper as defined by POFA Para 1 EPS doesn't therefore have any right to recover payment from him |
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Tue, 20 Nov 2018 - 11:16
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#18
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Member Group: Members Posts: 13 Joined: 7 Nov 2018 Member No.: 100,827 |
Have just come a bit late to this thread The brother has a complete defence to the parking notice Although he was the registered keeper, he wasn't the actual keeper as defined by POFA Para 1 EPS doesn't therefore have any right to recover payment from him But the driver (not the registered keeper) have appealed now to them direct so they now know that said drivers details. Does this change circumstances? |
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Tue, 20 Nov 2018 - 11:21
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#19
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Yes of course it does
Redivid missed that the driver was revealed Only Keepers / RKs have protection or otherwise using POFA. Drivers are always potentially liable. |
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Tue, 20 Nov 2018 - 11:57
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#20
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Member Group: Members Posts: 13 Joined: 7 Nov 2018 Member No.: 100,827 |
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