Author Topic: Euro Car Parks - change of min stay and increase in cost  (Read 2165 times)

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Euro Car Parks - change of min stay and increase in cost
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Hi,

The driver has been parking in the same Euro Car Park for the past 18 months or so. It has an ANPR system and when you approach the ticket machine, the charge was £2.60 for 24 hours. The driver would enter their registration and tap her card and when the ticket has been printed place this on the windscreen.
At some point, this was changed and it now has a 4 hour stay for £2.00 and a 24 hour stay for £2.80. The default selection was for 4 hours and the driver simply continued the same process and entered her registration and tapped the car against the machine. They didn't look at the ticket as they have been doing this same process for the last 18 months. There was only a slight variant of the costs on the notice board with no other notification that fees had changed. They've now sent me 6 charges of £100 each. I appealed this by explaining that there was minimal updated info to users, especially users who have been long term parkers and would have no need to check the prices every day. I also highlighted that they introduced a 4 hour stay as the minimum stay, the driver did pay for a ticket each time but wasn't aware that it was for only 4 hours and not the previous 24 hours.
Euro Car Parks have replied rejecting the appeal and telling me that I will need to raise this with POPLA. Does anyone have any advice on how I should raise the appeal? I absolutely can't afford to £600 on parking fees for this, so any help would really be appreciated.

Thanks
« Last Edit: October 11, 2024, 03:04:02 pm by theboytaff »

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Re: Euro Car Parks - change of min stay and increase in cost
« Reply #1 on: »
To help us help you, please read the following thread carefully, and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide

Also, to confirm, have you appealed each of the 6 charges and therefore received 6 POPLA codes?

Photos of the signage at the site will be key here, so get as many as you can - it would seem they have not complied with the below requirement from the BPA Code of Practice, which you will need to demonstrate:

19.10 Where there is any material change to any pre-existing terms and conditions that would not be immediately apparent to a motorist entering controlled land that is or has been open for public parking, you must place additional (temporary) notices at the site entrance for a period of not less than 4 months from the date of the change making it clear that new terms and conditions/charges apply, such that regular visitors who might be familiar with the old terms do not inadvertently incur parking charges.

Re: Euro Car Parks - change of min stay and increase in cost
« Reply #2 on: »
Apologies, I've appealed all but only had the 1 rejection so far but I anticipate the others to be rejected as it's the same appeal for each ticket.
There is no signage on the entrance or any other area of the car park, the only change is on the machine board. I do have photos but they seem to be too large to add to this post. This change only happened a month ago so I'll be able to get a photo of the main entrance as there is still no sign up and it's been less than 4 months since they implemented it

Re: Euro Car Parks - change of min stay and increase in cost
« Reply #3 on: »
I do have photos but they seem to be too large to add to this post.
If you read the "READ THIS FIRST - Private Parking Charges Forum guide" I linked to in my previous reply, this explains how to add images to your posts via a third party to avoid this issue.

Re: Euro Car Parks - change of min stay and increase in cost
« Reply #4 on: »
Yes, I did read it but was having problems setting up an account with imgur. I was looking at an alternative, but I got called onto something with work. I'll get it done now

Re: Euro Car Parks - change of min stay and increase in cost
« Reply #5 on: »
You don't need to register for an account with Imgur in order to upload there.

Re: Euro Car Parks - change of min stay and increase in cost
« Reply #6 on: »
Apologies, I'm having a very bad Friday. I think I've got it now...

Here's the picture of before

http://

Here's what changed

http://
« Last Edit: October 11, 2024, 03:47:10 pm by theboytaff »

Re: Euro Car Parks - change of min stay and increase in cost
« Reply #7 on: »
Getting some wider pictures showing the entrance and rest of the site would also be useful, to show the lack of prominent notice that the terms have changed.

Re: Euro Car Parks - change of min stay and increase in cost
« Reply #8 on: »
I'm away this weekend, but I'll get that including the entrance when I'm back on Monday. I really appreciate all this help, thanks again

Re: Euro Car Parks - change of min stay and increase in cost
« Reply #9 on: »
Those two photos are excellent evidence of their failure to comply with the BPA CoP section 19.10. Do you have the metadata of them so that the dates they were taken can be evidenced?

Just posting them together, side by side:



Simply a sticker over the previous tariffs and no notification of any material change to any pre-existing terms and conditions that would not be immediately apparent to a motorist entering controlled land that is or has been open for public parking.

Those signs also fail PoFA requirements, BPA requirements and the CRA 2015.
« Last Edit: October 11, 2024, 06:02:33 pm by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Euro Car Parks - change of min stay and increase in cost
« Reply #10 on: »
I've managed to get the additional pictures

Here is the front of the car park. It only shows the new 24 hour rate, but doesn't show anything about them introducing a new 4 hour rate that is the default payment when getting the ticket



Nothing on the gate either...



Wider shot of the payment machine



Ultimately, a ticket was bought every day as per usual but because the default payment was for a 24 hour slot they introduced a new payment scheme including a raise in the 24 hour price but also a minimum payment for 4 hours which is what the machine defaults at.

Re: Euro Car Parks - change of min stay and increase in cost
« Reply #11 on: »
Yes, I also have metadata on those original photos, showing the date of the original machine and then at a later date when they put the new price over it. The last photos were all taken today and have the metadata for that

Re: Euro Car Parks - change of min stay and increase in cost
« Reply #12 on: »
That's great. Have you appealed any of those PCNs yet? Have you tried to get the landowner to get the the PCNs cancelled
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Euro Car Parks - change of min stay and increase in cost
« Reply #13 on: »
I appealed with Euro Car Parks and so far they've responded to 1 appeal and rejected it. I'm expecting them to reject the rest as it's the same appeal for each individual charge. I wasn't aware of some of the additional reasoning such as the BPA code of practice. Apparently my next step is to appeal with POPLA, but I'd lean on your guidance as this is a whole new world to me

Re: Euro Car Parks - change of min stay and increase in cost
« Reply #14 on: »
It will be a life learning experience for you. Can you show us one of the Notices ti Keeper (NtK) redacting only your personal details, the PCN number and your VRM. We need to see all dates and times and the location information.

Also, can you show us exactly what you put in your appeal to ECP. Once we've seen that, we can put together a POPLA appeal where this should be cancelled.

Even if POPLA do not accept an appeal (they are beholden to their paymasters, the very companies they are adjudicating on) it means nothing and this will lead to a county court claim where, I can claim with 99% certainty, the case will wither be struck out or discontinued. Even if you were a 1 percent that made it all the way to a hearing, it would win.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain