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Euro Car Parks Ltd POPLA appeal draft help.

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Comments

  • Umkomaas
    Umkomaas Posts: 44,056 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you have taken photos of the ECP signage, please show them here. There is quite possibly a POPLA 'out' for you contained in them. 
    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
  • Umkomaas said:
    If you have taken photos of the ECP signage, please show them here. There is quite possibly a POPLA 'out' for you contained in them. 
    There signs are quite good, dotted all over the place, and the £100 is in bold too. the only thing I can think of is it says terms apply at all times , however the landowner contract (which is ECP holdings wtih ECP ltd lol), there is no mention of timing. ive seen appeals won because contract said between times of say 8am-6pm, however signage said 24 hours. 


  • Debszzzz2
    Debszzzz2 Posts: 248 Forumite
    100 Posts Name Dropper
    mysticalsoul786 said:

    There signs are quite good, dotted all over the place, and the £100 is in bold too.


    Please have a read of PoFA 2(3)(b)(ii) and explain how you think that the £100 charge on a crappy ECP sign is adequate to bring it to the notice of a driver when compared to the sign in the Beavis case:

    Beavis Case Sign

    https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted


  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 6 March 2024 at 12:39PM
    "There (sic) signs are quite good, dotted all over the place,"
    Really, you can actually read all that tiny writing near the bottom from a reasonable distance can you?
  • Debszzzz2 said:
    mysticalsoul786 said:

    There signs are quite good, dotted all over the place, and the £100 is in bold too.


    Please have a read of PoFA 2(3)(b)(ii) and explain how you think that the £100 charge on a crappy ECP sign is adequate to bring it to the notice of a driver when compared to the sign in the Beavis case:

    Beavis Case Sign

    https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted


    ah, I had looked at ECPs old signs, where the £100 was not in bold, so thought this bold one was compliant, but compared to the picture you have posted, it is inadequate. Thanks for sharing this with me. 
  • fisherjim said:
    "There (sic) signs are quite good, dotted all over the place,"
    Really, you can actually read all that tiny writing near the bottom from a reasonable distance can you?
    Nope I cant, glad im getting all your expert opinions, I will raise this in the rebuttal. 
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