Hi all,
I’m looking for advice on a Parking Charge Notice issued by Euro Car Parks.
Vehicle: I am a named driver on the vehicle’s insurance, but I am not the registered keeper. The PCN was addressed to the registered keeper.
Parking company: Euro Car Parks
Location: Marylebone Square, London
Alleged contravention: Overstay
Permitted parking period: 15:50 to 16:50
ANPR recorded exit: 17:03 (entry was at 15:52)
The driver entered the car park approximately 2 minutes after the start of the permitted parking period.
When leaving, the driver had difficulty locating the exit because the route/exit signage from the area where the vehicle was parked was not particularly clear to the driver. The driver initially drove around the car park trying to find the correct route to the exit.
Once the driver reached the exit, there was a further delay getting through the exit gate. The driver initially drove up to the gate and waited, expecting it to open. The gate appears to require a vehicle to be positioned a particular distance back from it before it will open, but there did not appear to be any clear signage explaining this. The driver therefore had to reverse and move forward several times before the gate opened and the vehicle could leave.
The ANPR therefore records an exit time of 17:03, which is 13 minutes after the permitted period ended. The additional time was spent trying to navigate to and then exit the car park, rather than deliberately continuing to park. I am not necessarily saying it took the driver 13 minutes to try and get out the car park, but, the outlined issues probably added an extra 3-4 minutes, tipping over the 10 minute grace period.
The registered keeper has received the PCN and has not yet appealed.
I have attached the PCN with personal details, PCN number and VRM redacted, but with all dates and times visible.
I will also upload photographs of the signage, including the entrance signage and signage around the car park/exit where possible. I have not been able to obtain photographs showing the absence of signage on the inner side of the exit gate, as Google Street View only captures the public/external side of the gate.
I appreciate that the difficulty in locating the exit is somewhat subjective, as there were signs and arrows indicating the general direction of the exit. However, the driver found the route difficult to follow given the car park layout and the conditions at the time.
The issue with the exit gate is more specific: there did not appear to be any signage explaining where a vehicle needed to be positioned in order for the gate to activate. The driver initially waited at the gate expecting it to open, and then had to manoeuvre forwards and backwards several times before being able to exit.
The driver also has dyslexia, with professional evidence documenting a significant impact on processing and reading speed, particularly when processing unfamiliar information. This is relevant here because the driver was navigating a new car-park layout and processing unfamiliar, non-standardised signage, rather than ordinary road signage or an inability to drive. It may take them slightly longer to find the exit route than a driver without dyslexia.
Could the Equality Act 2010 and the duty to make reasonable adjustments be relevant in these circumstances?
I would appreciate advice on:
1. Whether there is anything in the PCN wording/timing that I should be looking out for.
2. Whether the difficulty locating and exiting the car park is relevant, particularly given the 13-minute difference.
3. What points should be raised in the initial appeal to Euro Car Parks.
4. Whether there is anything else I should obtain or photograph before appealing.
5. General advice and opinion.
Thanks in advance for any advice.
PCN IMAGE -
https://imgpile.com/p/PnqzXQjhttps://imgpile.com/p/PnqzXQj