Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: dmb1 on April 13, 2025, 09:39:12 am
-
To give you the most accurate and useful guidance, we would need to know exactly what wording you used in your initial appeal to Euro Car Parks (ECP). Sometimes a single sentence or phrase can make a big difference in how your appeal is assessed by POPLA, especially if you’ve accidentally implied or admitted to being the driver.
In the meantime, it may help you to search this forum for other successful POPLA appeals, particularly against ECP. There are many examples that can give you a clear idea of how to structure yours. Look for ones involving common issues like poor signage, lack of keeper liability under the Protection of Freedoms Act 2012 (PoFA), or failure to show a valid period of parking.
Who has the burden of proof?
In any civil dispute like this, the burden of proof lies firmly with the Claimant — in this case, Euro Car Parks. It is not your job, as the registered keeper or appellant, to prove anything. You do not need to prove you did not receive the letter. Instead, it’s up to ECP to prove:
That a contravention of their terms and conditions actually occurred;
That they had the right to issue and enforce the charge;
That they have complied with all legal and procedural requirements (e.g. PoFA if they’re trying to hold the keeper liable);
And if they are claiming that you were sent a letter offering a discount, they need to prove it was properly served (i.e. posted to the correct address and deemed delivered in accordance with the law).
The operator cannot just assert something and expect POPLA to take it as fact. They must provide evidence. If ECP say they sent a letter offering the £60 discount, it is up to them to show when and where it was sent and that it followed proper procedures for service.
But critically, they do not have to prove that you actually received the letter — just that they sent it to the correct address using a valid method. That said, if you can demonstrate genuine issues with post delivery (e.g. communal mailboxes, misaddressing, or prior delivery issues), that can carry weight and may be considered by POPLA.
Let us know what you wrote in your initial appeal and we can assist with how best to frame your POPLA submission.
-
I received a parking charge in a Sainsbury’s car park from Euro Car Parks. I appealed the charge on multiple grounds but also made it clear that I did not receive the initial letter offering a discounted amount of £60. They are now demanding £100.
This has now been referred to POPLA and I am keen to understand whether the burden is on Euro Car Parks to ensure the original letter was received / whether they have any duty to ensure I was actually given an opportunity to pay a discounted amount