Euro Car parks parking fine

Euro Car parks parking fine

Author
Discussion

saxon

Original Poster:

420 posts

250 months

Wednesday 23rd July 2014
quotequote all
I've just been to a small branch of Marks and Spencer with a private car park in Petersfield. I had no idea that I had to pay to park there and on the previous couple of occasions I popped in there I didn't pay not realising it wasn't anything other than a Marks and Spencer operated car park provided free for the benefit of their customers.

I was in the store about 15 mins and came out to find Euro car parks had issued me with a ticket with a pay £40 now or £80 after he next 14 days ticket.

The car park is operated by Euro car parks and sure enough there is a notice by the entrance which I hadn't seem before saying this is a pay and display car park etc.

So the question is whether to challenge the fine or not. I vaguely remember hearing that these private car parking companies have no right to impose fines (because they aren't the police or and official government agency - is this true??)

Ironically you end up parking there for free if you shop at M&S because they give you a voucher for the 50p back so I wasn't trying to avoid paying - I just didn't know.

Advice?

Saxon

PS This has come at a particularly bad time because I have been off work for 6 months with cartilage problems and the bloody salary stopped this month!!

3Dee

3,206 posts

221 months

Wednesday 23rd July 2014
quotequote all
This really is becoming a problem. These sharks and the parking Management companies as a whole are no better than illegal scammers, but that is my opinion and I am sure many would disagree.
In every case where a carpark is directly servicing outlets, I would complain to each outlet at every opportunity, and spell out to them that it is likely to deter customers from using them....
...but hang-on, this is England isn't it... oh well then... just take the charge on the chin and say nothing and put up with it.... redface

kiethton

13,895 posts

180 months

Wednesday 23rd July 2014
quotequote all
I've been ignoring them from euro with no ill effects over the last for years, despite laws changing)

Only parking eye take it further than a few threatening letters (some from their own in house "debt collectors" which come towards the end of the 5 letter chain)

silverfoxcc

7,689 posts

145 months

Wednesday 23rd July 2014
quotequote all
Saxon

first of all DO NOTHING util you receive a Notice to keeper letter from them EXCEPT if it is a lease/company car, then contact ECP at once saynig you are the driver
(this is because the lease/company will pay at once and invoice you, which we do not ant

Second
As well as Dwights advice, rgister with pepipoo.com. It is free, place your problem on file and follow their advice to the letter. They have a 100% success rate at POPLA on the 'Genuine pre estimate of loss' and not only that by doing this it cost EPC nearly 30 quid out their own pocker (2.50 for the DVLA search, and 27.00 for the POLPLA appeal

PLEASE do not give these buggers anything, as it it mugs who do that keep them in business

so Onto the MSE and pepipoo sites, Schoolrunmum and HCanderson are really good people to listen to,amongst others

Keep the forum informed on you progress and i look forward to your post on pepipoo

Regards

saxon

Original Poster:

420 posts

250 months

Wednesday 23rd July 2014
quotequote all
Guys,

Really very grateful to you for the advice and will get on to Pepipoo etc now!!

I'm truly gateful!

Saxon

PurpleMoonlight

22,362 posts

157 months

Wednesday 23rd July 2014
quotequote all
What grounds do you believe you have to challenge the charge?

It was a pay and display which you failed to do.

anonymous-user

54 months

Wednesday 23rd July 2014
quotequote all
3Dee said:
This really is becoming a problem. These sharks and the parking Management companies as a whole are no better than illegal scammers, but that is my opinion and I am sure many legitimate car park and business owners who's facilities are abused by all and sundry would disagree.
In every case where a carpark is directly servicing outlets, I would complain to each outlet at every opportunity, and spell out to them that it is likely to deter customers from using them....
...but hang-on, this is England isn't it... oh well then... just take the charge on the chin and say nothing and put up with it.... redface
Fixed that for you smile

Could you suggest a legitimate way for landowners to protect their interests apart from barriers which are criminally damaged frequently without fear and replaced at great expense.

It seems the pay to park and get an instore refund is the only solution ??

Sheepshanks

32,749 posts

119 months

Wednesday 23rd July 2014
quotequote all
saxon said:
I was in the store about 15 mins
Did you buy anything and did you keep the receipt? If so, possibly M&S might be able to get it cancelled.

I stopped at an out-of-town pub the other day and never saw the machine - it was only on leaving they asked if I wanted the parking refunded. They said if I'd been ticketed they can get it cancelled for a first "offence". As it happened, I hadn't.

fatboy b

9,493 posts

216 months

Wednesday 23rd July 2014
quotequote all
PurpleMoonlight said:
What grounds do you believe you have to challenge the charge?

It was a pay and display which you failed to do.
Their loss was 50p + an admin fee to send a letter - say £5, not £40 or £80.

shep1001

4,599 posts

189 months

Wednesday 23rd July 2014
quotequote all
Genuine mistake or not, if it were a council issued ticket you would be paying without fuss because they will prosecute you for not paying. Just because its a private company issuing the ticket should make no difference.

As you did shop there, take your receipt back, tell them you dropped a bullock and see if they will cancel it. Nothing ventured and all that...

Edited by shep1001 on Wednesday 23 July 21:04

shep1001

4,599 posts

189 months

Wednesday 23rd July 2014
quotequote all
fatboy b said:
Their loss was 50p + an admin fee to send a letter - say £5, not £40 or £80.
Its not about the loss, its a deterrent not to do it again. Can the council show a loss for the tickets they issue for parking offences which are in the same price range? No they can't but people still pay becuase they will follow it through to court

TankRizzo

7,265 posts

193 months

Wednesday 23rd July 2014
quotequote all
shep1001 said:
Its not about the loss, its a deterrent not to do it again.
In which case it is punitive.

Cooperman

4,428 posts

250 months

Wednesday 23rd July 2014
quotequote all
TankRizzo said:
In which case it is punitive.
And hence unlawful?

shep1001

4,599 posts

189 months

Wednesday 23rd July 2014
quotequote all
TankRizzo said:
In which case it is punitive.
Absolutely

PurpleMoonlight

22,362 posts

157 months

Thursday 24th July 2014
quotequote all
The PPC is entitled to collect the charge plus the costs to do so.

£40 is not unreasonable in my opinion.

QBee

20,970 posts

144 months

Thursday 24th July 2014
quotequote all
Back to the store with your receipt and the ticket - its the simplest and best advice. We have all made that mistake - usually you get away with it. You should have gone straight back into the store at the time, TBH.

The parking management company didn't just turn up and decide to charge - they were invited in by M&S to stop people using their limited parking, on which they pay business rates by the way, to park for free all day and go to work, or go shopping elsewhere. It's not unreasonable, it's their car park. Unfortunately the ticket machines and enforcement staff do cost a fair amount, which M&S pays to keep the car park available for customers. The fines are part of the equation as to how much M&S pays. Which shows you how desperate M&S are to keep their free parking for the use of their own customers.

My local Asda operates a similar scheme and refunds the £1 they charge if you spend more than £5 in store. The shop is very close to Newark town centre - less than a five minute walk to most shops, offices, the market and all the banks. Being an old town with origins before the civil war, the town centre has narrow streets and very limited town centre parking. The Asda car park has about 250 spaces, and is full on occasion.
I am totally certain that if they didn't
a) charge
b) limit it to 3 hours and
c) have enforcement
then there would be no space in the car park all day on weekdays from about 8.30 am.

Sheepshanks

32,749 posts

119 months

Thursday 24th July 2014
quotequote all
saxon said:
The car park is operated by Euro car parks
Interesting in this example that M&S say the car park is owned by Euro Car Parks - I'd be amazed if that's true: http://www.kirkintilloch-herald.co.uk/news/local-h...

SimonD

486 posts

281 months

Thursday 24th July 2014
quotequote all
PurpleMoonlight said:
The PPC is entitled to collect the charge plus the costs to do so.

£40 is not unreasonable in my opinion.
I saw a case where the judge commented that it was only reasonable to charge the costs directly attributable to the generating and sending of the 'invoice' (therefore printing and postage basically), NOT those connected to the running of his business (the P&D equipment, uniforms, offices etc). Therefore £5 is entirely reasonable.

PurpleMoonlight

22,362 posts

157 months

Thursday 24th July 2014
quotequote all
SimonD said:
I saw a case where the judge commented that it was only reasonable to charge the costs directly attributable to the generating and sending of the 'invoice' (therefore printing and postage basically), NOT those connected to the running of his business (the P&D equipment, uniforms, offices etc). Therefore £5 is entirely reasonable.
No doubt, there are many judges and many different views.

The legistation is the typical Government bodge. It should have legislated for a fixed charge that PPC's could levy then everybody would know where they stood, or parked in fact ....