Euro Parking PCN for 3min 46s - Capability Green, Luton

FFFilap

I received a PCN from Euro Parking Services for parking at Capability Green, Luton, for 3 minutes and 46 seconds.

Background: I drive a Tesla Model 3. On the day this happened, just before parking there, I experienced a malfunction of the car's main screen (which also serves as a dashboard) and therefore I had no speed information and no navigation, etc. I was driving on the main road. Immediately after this happened I pulled in to the business park as this was the first place that seemed available for a safe stop to try and resolve the issue. I pulled in, stopped on the side of the road in a loading bay, as there were double yellow lines everywhere else. I restarted the car, this solved the issue, so I re-entered my destination into the sat nav and drove off. All this took under 4 minutes. This was at 2AM at night.

In a few days I received a PCN. I appealed via Euro Parking website, describing my emergency and that I did not obstruct any vehicles, I stopped safely on the side of the road and only stayed for a very short period of time while I resolved the issue. They responded that I parked in a restricted area and there's nothing they can do. Here is the screenshot of the response

There was nobody in the business park at that time, I know I parked in a loading bay but I did not want to park on any of the business' car parks, so I decide to stay on the business park roads. Technically I know I am in the wrong, but this seems so unfair. I had a genuine problem and rather than stopping on a busy road I pulled in to the business park for safety, did not leave the car and left within 4 minutes of entry.

My grace period now expired and I'm facing £100. Should I just pay it or is it worth exploring other options to see if anyone can actually see take into account that this was a genuine situation I found myself in?

Thank you all in advance.

Jame4ters

Don’t pay it. Don’t even think about paying it.

Can you post a copy of the reverse of the letter?

FFFilap

@Jame4ters Thank you for your response.

Here is the reverse of the letter.

Coupon-mad

You'll never have to pay.

You did not enter into a parking contract and were filmed covertly - without your knowledge - which is illegal under various camera surveillance rules & laws enforced by the ICO.

"stopped on the side of the road in a loading bay, as there were double yellow lines everywhere else."

Errr… just for next time, this is what double yellow lines are for!

ALWAYS use double yellows for brief stops such as emergencies or setting down or picking up a passenger. Despite popular misconception, they don't mean 'no stopping/parking at all' (that's double reds).

Never go for a bay instead of double yellows (which on the public highway - real rules - allow for brief exempt activity).

Ignore this PCN.

No paying it EVER, unless a judge tells you to (they won't, because you didn't have a fair opportunity to read any contract and agree by staying put.

By all means appeal and also COMPLAIN (separate thing) to EPS and tell them to 'get lost and read the CMA Open Letter warning to the sector from July, about fair and open dealing, and to give their heads a wobble about fairness, covert CCTV and consideration periods'. Tell them you are about to lodge complaints with the ICO and CMA.

And tell them/the debt collectors/Gladstones if you move house, but that's it. Come back here if ever you get a small claim which is nothing to worry about.

There is no worthwhile second stage appeal because the IAS is considered a kangaroo court.

Send your evidence to the CMA to help them consider opening an investigation into Euro Parking Services (provide your evidence and the company number and make it clear this is not Euro Car Parks Ltd, but a different firm in this case treating motorists extremely unfairly with 24/7 covert filming overnight, not allowing any fair consideration period, and sending late PCNs by post without justification for this excessive surveillance and immediate ticketing.

Google and read the CMA news about the private parking sector scrutiny going on.

LOADS OF THREADS HERE TALKING ABOUT IT TOO.

As well as the CMA complaint, you can also lodge an ICO complaint but to do that you must first complain to the trader about covert 24/7 CCTV surveillance in the dark and automated decision-making by a system set up without the safeguard of the minimum 5 minutes consideration period.

Both CMA and ICO complaints are worth doing but they differ:

• the CMA investigates firms for rogue practice and unfairness. Lack of transparency, unlit signs, no prominence of terms, no fair time allowance, etc. they do NOT get involved individual cases but right now they DO want evidence. They can fine companies a massive whack!
• the ICO can look at your individual complaint and they specifically look at unfair data processing, illegal (covert and/or disproportionate or unjustified, excessive) camera surveillance, lack of warnings on site about CCTV and how images will be used). But they insist you must exhaust the trader complaint first. So do that because this could see it cancelled if the ICO agree with you.
• And crack on reading about CMA complaints to get this firm looked at!

NO PAYING.

NO PANICKING.

yarpsnehpets

This is a honey trap site which is cropping up more and more.

It's the same story each time - the vehicle driver stops on a section of roadway which is beyond the double-yellow lines ie the double yellows finish which, on a normal road, would mean that you are safe to stop without sanction. However, in this instance, the operator is reliant on the notice at the entrance which states "no parking on the roadways" - of course this is contradictory signage under the Code of Practice but IAS will skip over that if you raise it.

Definitely one to send to the CMA.

If you do decide to appeal to IAS then I would appeal purely as vehicle keeper on the basis that the driver stopped to read signage and then rejected the offer of contract and promptly left the site - point out the minimum consideration period mentioned in the recent CMA open letter to all operators.

FFFilap

@Coupon-mad Thank you so much for such extensive response!!! I'm not sure I fully understand the covert recording as defense to be honest. They do have signs that say ANPR/CCTV in operation 24/7

This is the photographic evidence they have of me parking there. Basically every at random intervals it took a snapshot of my car parked in the loading bay. It's hard to tell whether it was a continuous recording or just photos.

@yarpsnehpets Thank you for suggestions. I might send it to CMA. Is the minimum consideration period a law?

Coupon-mad

You've missed the point. I never said there were no signs up. They ALWAYS have a sign up! My point is:

1. It was dark;
2. You didn't see signs;
3. You didn't see the CCTV camera or know you were being filmed;
4. That isn't a compliant GDPR data use privacy policy warning sign;
5. The CCTV was 24/7 and it was covert & represents an excessive unjustified 'ring of steel' for a residential street;
6. The loading bay categorically DID NOT have that sign in it;
7. Three minutes is predatory;
8. The car was momentarily stopped in the course of driving, not parked.

"Is the minimum consideration period a law?

Effectively yes. My goodness you need to read the CMA's Open Letter!

FFFilap

Thank you @Coupon-mad

This is not a residential area though, it's an industrial estate (or a business park). The loading bay did have no stopping sign in it but I decided to stop there since the business park was empty, rather than on double yellows (silly me, I know). But the loading bay only had the no stopping sign there, not the "Private land - Restricted Zone" sign posted above.

Coupon-mad

OK so change what I said to business park, and stop trying to talk yourself out of the fact this is an unrecoverable invoice as a matter of surveillance rules and consumer protection law.

Surely it is obvious that this is excessive, covert and unfair and I've spelt out why!

"The loading bay did have no stopping sign in it"

Can't have done if it is a loading bay,

Coupon-mad

Like I said:

My goodness you need to read the CMA's Open Letter! 

Come on, their evidence doesn't even include the right sign! Read what the CMA said 3 weeks ago about lack of 'material information' and lack of consideration period.

FFFilap

Thank you @Coupon-mad . I've appealed again using IAS on the basis of your and @yarpsnehpets advice. This time on the basis of time to read the contract. I'll post the text here once I've had a response. I will file a complaint with CMA as well, and if my appeal fails I will wait for EPS to take me to court.

Thank you both for your help!