Euro Car Parks – Consideration period vs ANPR or receipt

metrodynamo

I'm hoping someone can clarify how the consideration period, the contractual parking period and ANPR timings fit together.

I received a Parking Charge Notice from Euro Car Parks after parking at one of their car parks. I paid for two hours using PayByPhone.

My timings were:

• ANPR entry: 14:08:28
• PayByPhone session started: 14:10
• PayByPhone session ended: 16:10
• ANPR exit: 16:18:34

According to ECP's calculation using the ANPR entry and exit times, I exceeded the grace period by six seconds. However, based on the times shown on my PayByPhone receipt, I was within the permitted time.

There was a specific reason why I stayed a little longer, although I suspect ECP won't be particularly interested in the circumstances. I initially appealed and subsequently found my PayByPhone receipt, which shows that my paid session started at 14:10, approximately a minute and a half after I entered the car park.

I've actually tried to provide this additional evidence, but unfortunately none of the online forms has been working. I haven't been able to get through by telephone and emails to the info@ address are being blocked. In the end, I sent the receipt to an email address belonging to someone at ECP, hoping they would forward it to the appropriate department.

My main question, though, is about the consideration period and when the chargeable parking period begins.

Many ECP signs seem to contain wording along the lines of:

“We are using cameras to capture images of vehicle number plates and calculate the length of stay between entry and exit.”

I haven't yet checked the exact wording on the sign at this particular car park, so I'm assuming it is similar to the wording used on other ECP signs.

I found this wording a little vague because it explains how the length of stay is calculated without explicitly stating whether the ANPR entry time will always override the time shown on a parking ticket or payment receipt.

My understanding is that motorists should be given a consideration period at the start, allowing time to read the terms and conditions, find a space and decide whether to park. If they decide to stay, they enter into a contract with the parking operator.

Once the consideration period has ended and a ticket or parking session has been purchased, does the chargeable parking period start from the ANPR entry time or from the time shown on the ticket or payment receipt? I went by the time on my PayByPhone receipt, as I didn't know what time I had entered the car park.

I appreciate that the consideration period and the chargeable parking period are not necessarily the same thing. I'm trying to understand how they relate to each other in practice.

The industry Code of Practice discusses consideration periods and recognises that motorists need time to make payment before the parking period commences for tariff purposes. I'm struggling to understand how this fits with calculating the entire visit from ANPR entry to exit.

In my case, the difference matters because ECP's ANPR calculation puts me six seconds beyond the grace period, whereas my PayByPhone receipt suggests I was within the permitted time.

I'd be grateful for any thoughts, particularly from anyone familiar with the relevant Code of Practice or the contractual position. I'm not assuming that the receipt automatically settles the matter; I'd just like to understand how the consideration period, payment and ANPR timings should be interpreted and whether I might have grounds to eventually appeal to POPLA (as I’m assuming I will probably have no joy with ECP).

Thank you to all in advance.

yarpsnehpets

From a legal perspective, your 'parking period' started at 14.10 - this was after a short 'consideration period'.

Open letter to private parking operators

Read para 22.

You left within the permitted time.

ch3shirecat4

Six seconds seems incredibly harsh, especially when you've got the PayByPhone receipt showing when your paid parking started and ended. I'd definitely keep hold of that and check the signage at the car park if you can. Hopefully common sense prevails if you take it further!

OldBugger

https://forums.moneysavingexpert.com/discussion/comment/82178501#Comment_82178501

The goons who run these parking scams don't give a monkeys about common sense. They just want your money.

yarpsnehpets

But it isn't 6 seconds.

The clock doesn't start until the driver accepts the operator's offer of contract.

That makes the driver 8 mins over but this is easily covered by the 10 min grace period.

Coupon-mad

"According to ECP's calculation using the ANPR entry and exit times, I exceeded the grace period by six seconds. However, based on the times shown on my PayByPhone receipt, I was within the permitted time."

Simply evidence that to POPLA. You'll win.