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Euro Car Parks PCN

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Comments

  • Update:
    POPLA appeal was successful:

    I am of the view that the signage at the site is not sufficient to bring the parking charge to the attention of the motorist. Accordingly, I must allow this appeal. I acknowledge that the appellant raised further grounds of appeal; however, it is no longer relevant to assess these as I am allowing the appeal.

    Thank you for all your help.
  • Umkomaas
    Umkomaas Posts: 44,344 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Well done :T.

    Was there anything specific in their evidence pack relating to their signage or something you put in your rebuttal that (you think) the assessor picked up on to uphold your appeal?

    ECP have standard signage across most of their sites, so if it's not good enough for one site, it can't be good enough for the others.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Now a complaint to the BPA that ECP are ticketing on a site with inadeuqate signage
    Ask what measuers will be taken by the BPA to ensure their CoP is met.
  • Thank you! Incredibly chuffed and relieved!

    I emailed over 5 points in my rebuttal but the point relating to signage was the following:

    The signs shown in the photographs provided in the evidence pack do not state any grace period and are therefore non compliant. It is also worth noting that on a lot of the signs that have been shown in the evidence pack, the ‘Welcome to Harefield Road Retail Park’ is in larger and bolder lettering than the actual paragraph regarding the penalty, which seems to get lost in a wall of text.

    In the evidence pack the photographs that are used are several months prior to the date the alleged parking offence was committed. No evidence has been provided by ECP to show that the signs shown in the photographs were in fact displayed on the date of the alleged offence. The photographs dated days before the alleged offence illustrate that the signage is in fact not clear if read in a moving vehicle, further supporting my point.

    There are also multiple mistakes in the evidence pack that show that this is a template that is likely repeatedly used. One point ECP raised was that the signs at Harefield Retail park indicate ‘all drivers are required to purchase a valid pay and display ticket or pay by phone payment for the duration of their stay (Figure 2). Figure 2 displays no such sign, which further illustrates to me that this is a template used.

    I am not sure whether it was the argument in the original appeal or the rebuttal that worked but I hope putting both here helps other motorists in a similar position.
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