Euro Car Parks Parking Charge - Appealed through POPLA

ETH600

Hi all,

I would really appreciate some advice on my current situation.

I received a PCN from Euro Car Parks after overstaying by 11 minutes. I had paid for two hours of parking.

My initial appeal to Euro Car Parks simply provided proof that I had purchased a valid 2-hour Pay & Display ticket. This appeal was rejected.

Their rejection stated the following:

• The car park is operated using Automatic Number Plate Recognition (ANPR), which records vehicles entering and exiting the site.

• Signage clearly states that drivers must purchase a valid Pay & Display ticket for the full duration of their stay.

• A Pay & Display ticket matching my vehicle registration was purchased, entitling the vehicle to park for up to 2 hours in accordance with the displayed tariff.

• The vehicle entered the car park at 17:06:27 and exited at 19:17:13, resulting in a total site time of 2 hours and 11 minutes.

• As the ticket purchased did not cover the full time on site, the PCN was issued correctly and remains payable.

I have now escalated this to POPLA, although I realise I should have found this forum first.

My POPLA appeal stated the following:

Euro Car Parks has failed to comply with the British Parking Association (BPA) Code of Practice regarding grace periods and the use of ANPR.

A valid Pay & Display ticket was purchased for two hours. The operator alleges a total site time of 2 hours and 11 minutes based solely on ANPR entry and exit times. The BPA Code of Practice requires a minimum 10-minute grace period at the end of parking, as well as a reasonable consideration period at the start to allow drivers time to enter the car park, find a space, read the signage and purchase a ticket.

ANPR records time on site, not actual parking time. When the mandatory grace and consideration periods are applied, no parking breach occurred. The operator has confirmed that payment was made correctly and has failed to demonstrate that the vehicle was parked outside the paid-for period in accordance with BPA rules.

As Euro Car Parks has not complied with the BPA Code of Practice, the PCN has been issued incorrectly and should be cancelled.

I am currently waiting for the operator’s evidence pack. It has been 13 days so far, and I understand they have 21 days to respond.

If they do submit evidence, am I heading in the right direction with this appeal, or is there anything further I should be prepared to challenge?

Thanks in advance for any help.

Coupon-mad

I am currently waiting for the operator’s evidence pack. It has been 13 days so far, and I understand they have 21 days to respond.

Yep but it's not 21 days from when you put the appeal into POPLA, of course. No idea why you are counting from then. The PPC didn't see it then! Give it a month.

You might win this at POPLA on the basis that 11 mins is 'in the region of' the minimum ten minutes grace and was reasonable, given the size of retail park, the minutes taken to pay for parking and the queue to join the main road upon leaving. There was no breach; there was no overstay of a parking space and the operator has the correct tariff paid.

ETH600

Thank you for your help.
I can confirm that they have cancelled the parking charge. Received an email with the following:

The operator has contacted us and told us that they have withdrawn your appeal.

If you have already paid your parking charge, this is the reason your appeal will have been withdrawn. Unfortunately, you cannot pay your parking charge and appeal, which means that POPLA’s involvement in your appeal has ended. You will not be able to request a refund of the amount paid in order to resubmit your appeal to us.

If you have not paid your parking charge, the operator has reviewed your appeal and chosen to cancel the parking charge. As the operator has withdrawn your appeal, POPLA’s involvement has now ended and you do not need to take any further action.

Kind regards

POPLA Team

Akosua13

Hi I have recieved a fine of £100 from Euro Car park in Manchester. This is the first time I have been in Manchester used the car park. I don't know how it works. After I understood a bit about how it works. I paid for the car park but unfortunately the system does not allow you to go back in time so it started from the moment I paid. They said in the letter thag I overstayed 38minutes, that is the reason of the fine. I can't really afford it at the moment. I am in tight financial situation right now. Any advice?

Jame4ters

https://forums.moneysavingexpert.com/discussion/comment/81991622#Comment_81991622

Start your own thread so it doesn’t get lost

It’s not a fine.

Post a redacted copy of the letter received (in the new thread)

Read the “Newbies” thread

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81991622#Comment_81991622

But obviously nobody pays these invoices!

Read the MSE Guide to fighting private parking tickets. It's linked at the top of the page.