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Eurocarparks - Overstay worth fighting?

I had an overstay of ~50mins just before Christmas at a Eurocarparks site in Cheltenham (North Place).
It was completely unintentional, however, do I have any leg to stand on with regards to the excessive charge they are wanting (£60 after rejecting my appeal to them) for the short time involved? I had purchased a 2-hour stay but then wasn't able to leave until ~50mins after the time had expired.

Lighting is poor at the site - I entered at 1640, so it was pitch black. There's no dedicated lighting for the entrance sign at the site. Unfortunately, we were visiting relatives, so unable to go back at night to take specific images to demonstrate.
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Comments

  • Fruitcake
    Fruitcake Posts: 58,231 Forumite
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    edited 31 January 2022 at 3:33PM
    Did you reveal the driver's identity when you appealed? I hope not.

    Forget the charge being excessive. That reason went out with the Beavis Supreme Court decision in 2015.

    Construct a PoPLA appeal using all the relevant points available from the third post of the NEWBIES.

    This will normally include,
    Not the landowner
    No standing to issue charges in their own name,
    Inadequate signage
    BPA CoP failures
    PoFA failures (if the driver's identity hasn't been revealed)
    Inadequate signage. You will need to get your own pics of the site and signage for this.

    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • In my initial appeal to ECP I never explicitly admitted to being the driver, merely stating that I had received the parking charge and that I had paid for the initial parking period. 

    I'll look to formulate the PoPLA appeal accordingly.
  • KeithP
    KeithP Posts: 37,628 Forumite
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    Unfortunately, we were visiting relatives, so unable to go back at night to take specific images to demonstrate.

    Can your relatives not go and take pictures?
  • KeithP said:
    Unfortunately, we were visiting relatives, so unable to go back at night to take specific images to demonstrate.

    Can your relatives not go and take pictures?
    I've asked the question!
  • Coupon-mad
    Coupon-mad Posts: 131,614 Forumite
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    I have to warn you, I am not sure a 50 min overstay when you clearly did see some terms (because you paid the advertised tariff) has much grounds to win any appeal or in court.

    Me Beavis overstayed by 50 mins. Free car park in his case but the overstay is the same.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD

  • This is the signage on the site - not directly illuminated and the ticket was bought in the dark - Paid for the expected time - events conspired to delay our departure. The small print on the sign is most definitely small, can't imagine what it would be like to read at night.
  • Would ParkingEye vs Cargius be applicable in this instance, given that I paid for the expected time of parking? Would this back the argument that £100 is an excessive charge for the actual loss incurred?

  • D_P_Dance
    D_P_Dance Posts: 11,503 Forumite
    First Post Name Dropper First Anniversary
    Of course it is worth fighting, the4re ar so many things they have to get right, various permissions, cotracts, signs, timings, etc., etc., etc.  Have you complained to your MP.  
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 41,345 Forumite
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    Wasn't Mr Cargius injured in a fall on Snowdon which delayed his return to the car park?
    events conspired to delay our departure.
    Were your 'events' of a similar magnitude?

    Your best tack might be the unilluminated signage, particularly the unreadability of the small print, but having been able to read enough of the tariff sign to pay for your ticket, it might not fully play to your advantage.  
    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
  • Fruitcake
    Fruitcake Posts: 58,231 Forumite
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    edited 1 February 2022 at 12:03PM
    No, ParkingEye vs Cargius would not back the argument that £100 is an excessive charge for the actual loss incurred.

    It would only help if you or perhaps some close family member were seriously ill or injured, and you were thus prevented from removing the car in a timely manner.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
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