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Euro Car Parks POPLA Appeal

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Hi,
I wondered if I could get some help with this. I parked in an ECP car park on Wish St. in Rye. I was in Rye on holiday, and pulled in to the car park just to check directions to Dungeness, where I was heading. I was parked for 17 mins (from 8.31 pm to 8.48 pm), without leaving the car, just to check maps. At no point did I know I needed to pay to be there, the signage is poor, which is probably the best argument for appeal here. I have a photo of the entrance (it can be seen on google street too, type "wish street car park rye" into google). It's a two hour drive away so not feasible to go and get more pictures. However, it was dusk, and there is no light on the entrance signs.

I've done the first appeal, and it's been rejected. I now have a POPLA code and need to do the second appeal. However, I'm finding it difficult to navigate this forum and all the excellent information that's here.

Is my best approach to go with the signage argument? And what are the legal requirements for signage?

Any pointers to pertinent posts would be helpful.

Thanks

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    there are no actual legal requirements as such , its an unregulated industry at the moment , unlike council roads and car parks etc

    ECP are BPA operators so check the BPA CoP for rules on signage , and everything else

    see post #3 of the newbies faq sticky thread for popla appeal examples

    use

    NO LANDOWNER AUTHORITY
    POOR AND INADEQUATE SIGNAGE
    UNLIT SIGNAGE
    any BPA CoP errors
    GRACE PERIOD extended whilst you searched for the parking rules onsite before deciding to leave

    no mentioning checking maps

    in future , stick to public roads (what you pay your road tax for)
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 4 September 2019 at 9:05AM
    At no point did I know I needed to pay to be there,

    Why not? Were there no signs, did it nowhere say "Pay and Display"?

    The fact that you did not get out of the car is of no consequence, you parked.

    You have fallen into the clutches of well known scammers, and will need to find a legal arguments, (poor signs obviously, landowner permissions, timeliness of documentation, does it conform to POFA< the COP of the ATA, etc.).

    Nine times out of ten these tickets are scams so consider complaining to your MP.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies
    You never know how far you can go until you go too far.
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