Wish Street carpark in Rye is never far from the Rye News headlines, the last article, published last October Wish Street car park claims another victim struck a chord with many disgruntled customers who are sick of feeling ripped off by the owners, Euro Car Parks.
In a modern-day version of David vs Goliath, Euro Car Parks are being taken to court by Andrew Osborne, a recent visitor to Rye who is taking a stand by counter-suing as he feels “their sharp practice, extorsion and threatening behaviour towards him is totally unacceptable and is seeking retribution”.
Andrew and his family took their first, post lockdown visit to Rye on April 24 2022. Fish and chips seemed appropriate so during a call to pre-order from the former Kettle of Fish chippy on the roundabout, they were advised to use the parking spaces next to the Wish Street shop, which they did.
Anyone entering this Euro Car Park should buy a 30p ticket for any stay over 20 mins which Andrew was not aware of but in any event, this should have allowed plenty of time to collect fish and chips but unfortunately, he was quite delayed due to a queue. As a result, a penalty charge notice was issued, which for clarification is actually a commercial invoice as it isn’t issued by government.
There was no barrier preventing entry or exit but cameras record customers’ car number plates, but what people don’t realise is that the clock starts ticking from the moment your vehicle enters the car park.
Mr Osborne replied to Euro Car Parks and then received 19 threatening letters from five different debt collectors over the time since and is now being taken to court by Euro Car Parks. The amount they are claiming (due to them voluntarily incurring costs pursuing the 30p debt) is now a whopping £225.
Andrew feels these private parking companies are “intentionally luring people in with ’20 minutes free’ hoping they will overstay and leave without paying as there is no physical barrier like at honest car parks and then hit them with trumped up charges – £70 and then £170 and now £225 in total”.
He has had enough. In his own words he goes on to say. “I wonder if the town of Rye really wants this kind of sharp practice going on scaring away visitors who find somewhere less stressful to visit where any tiny mistake results in all kinds or threats and frankly extorsion. I have issued a defence and counter claim for £1,000 against Euro Car Parks in court for the above reasons. I wonder how many other tourists and holiday makers have been trapped by ECP ‘clip joint’ tactics?”
It will be interesting to see how the courts view this counter action, Rye cannot afford to lose visitors but perhaps if ECP lose this case we may see a change in the way they choose to operate their business.
Image Credits: Nick Forman .
I wish this gentleman well and hope he succeeds. We’ve all been caught unawares at some stage with car park owners in general, 19 threatening letters is ridiculous.
most of the car park operators in rye are deliberately tricking people, with improper or confusing signage , and unreasonableness, i wish i could contact mr osbourne to offer assistance. A person can counter sue for harassment i believe , see the following – https://www.lexology.com/library/detail.aspx?g=444d5027-8cdb-49ef-8f17-149378dba91d
typically , these sharks issue a summons but then chicken out and withdraw the case last minute. county courts are enabling these sharks.
I also have an ongoing dispute with eurocar parks relating to the wish street car park. I am a resident in rye and was also caught out by the same lack of clear signage. I have written to, including a defence, several times to Eurocar Parks, the court and the debt collector {my fine is currently £855], including court fees. I have been so incensed by this that I have said I would go to court. I have forwarded them previous articles from rye news but to no avail. My email is jharris53@hotmail.co.uk
Good for you. We cannot stand by and be bullied by corporate companies who can more than afford to prosecute for further funds. I wish you luck.
There’s quite a lot of useful information here https://www.parkingcowboys.co.uk/private-parking-tickets/ (though the website is difficult to navigate because of the volume of advertising). A key point is that companies like Euro car parks deliberately exploit people’s ignorance of parking laws, creating confusion and doubt which enables them to make unfair profits. After a bad experience in Manchester where I paid by phone for what turned out to be the wrong car park, appealed and got nowhere, I now try to avoid using any car park operated by this type of company.
I too have been almost caught in the web spun by this scam like operator
1 we must all write to our MP to ensure that the maximum value of any penalty/invoice allowed in law is £50 as was proposed for all very minor (say less than £20) errors or offences. The POPLA and other ATA bodies dealing with appeals all opposed this maximum.
2 The recently agreed 10 minutes grace period must be clearly advertised at the car park and the signage improved to accurately state what the costs of say a 2 hour stay are at all start times throughout the day.
3 The racking up of unnecessary costs using the scam like tactics and harrassment of the debt collection companies (who cannot take you to court) must be stopped and either ECP take you to court after your POPLA appeal or they must give in.
4 Everyone seeking clarification about their invoice from ECP should write to the ECP Company Secretary a letter which gives him pause for thought and requires a reply. If no reply is forthcoming within a reasonable time that will help in any court case.
5 Martin Lewis has more and detailed research and advice to give.
I have received a fine of £170 from Eurocarparks via their debt collectors, where I was contesting their misleading signage. Max fine on sign was £100 and now trying to call the number of debt collector no one is picking up the phone, yet another tactic to rake up charges for non-payment. We need to have class action against these companies that are vultures.
The law in this area is quite clear. You enter into a contract when you enter your details and make payment. However, if the terms are not correctly displayed then they do not form part of the contract. If for example notice of the terms came after you entered into the contract they are again not part of the contract. Misleading terms may be a misrepresentation.