ECP appealhttps://ibb.co/FbLYcrss and
https://ibb.co/VWBvcVsQPOPLA APPEALSorry for the formatting gore, this is the best I have as a transcript.
Ground for appeal
The vehicle was not improperly parked
Appeal clarication
You were still within the time you paid for
What time did you park?
24/11/2024 11:30
What time did you leave the car park?
24/11/2024 14:00
How long did you pay for in the car park?
3 hours
Can you upload any evidence to support that you were still within the time you paid for?
Appeal clarication
Your car parking ticket was clearly displayed
Where within your car did you display your parking ticket?
on the dashboard
Can you upload any evidence to support that your parking ticket was in clear view?
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Appeal clarication
The terms and conditions of the car park were not properly signed
Why do you perceive that the terms and conditions of the car park were not properly signed (for example where
they blocked, too small, or not showing)?
Eurocarparks claim I have made a "major keying error" but on the sign at the entrace to the carpark there is no discussion of
a major keying error. Not one of those three words appears on the sign even individually (see attached photo). Eurocarparks
seem to be construing a request on their sign "please enter full vehicle registration" as a term and condition There are
various pieces of information on the sign at the entrance. Some are in a small font, and some are in a large font. The block
I've highlighted in blue appears to be the terms and conditions that motorists are expected to absorb and comply with. This
is suggested by the design - a bold font, plenty of space around the writing to make it easy to read, and icons to structure it.
The block i've highlighted in red in the uploaded image is written in a small font. Some of it is phrased as a request ("please
Appeal details Edit
extract of ECP spreadsheet containing my
payment
Motorist Ocial Document
enter..."), while some of it refers to another part of the information as details rather than T&Cs ("see separate sign for
details"). Most likely these are not intended to be absorbed by motorists due to the conversational request-like wording
("please enter") and the design of the sign deemphasising this block. Many or most motorists will therefore interpret the
Terms and Conditions as these three key points from the bottom block highlighted in blue: 1) purchase and retain a valid
ticket or pay by phone 2) only park in a disabled bay if you hold a bdage 3) motorcyclists must pay the same tari as other
vehicles
Can you provide any evidence to support your claim that the terms and conditions were not properly signed?
Appeal clarication
You complied with the signage at the car park
What did the signage at the car park say?
1) purchase and retain a valid ticket or pay by phone 2) only park in a disabled bay if you hold a bdage 3) motorcyclists must
pay the same tari as other vehicles
Why do you consider you complied with the signage?
I paid for parking for 3 hours, entered full vehicle registration (not partial), displayed my ticket on the car dashboard, and
stayed less than 3 hours.
Why does the parking operator consider you to have failed to comply with the signage?
Eurocarparks claim that I have made a "major keying error" although there is no mention of major keying errors in the terms
and conditions sign at the entrance. The parking operator claims that "Please enter full vehicle registration via the key pad" is
a term/condition despite being written as a request and written in a small font and deemphasised in the graphic design of
the sign (see previous box). Even if this small font request IS a term and condition that I am deemed to have agreed to, the
parking operator claims that I have entered an incorrect registration, but have not provided evidence that I mistyped (such as
CCTV footage of me entering the wrong number), and have not provided evidence that their machinery is in good order,
there are no software bugs either within the machine, or within the onward data transmission process, and no administrative
errors. Why would the driver enter a registration mark other than that of the vehicle? It doesn't make much sense. Even if
this small font request IS a term and condition AND there was no machine or process fault within ECP Systems and I made an
error as I entered the full vehicle reg myself, I did not enter a partial registration, but I entered the full vehicle reg so was in
compliance with their request to "please enter full vehicle registration". Even if I made a "major keying error", there is nothing
in the terms and conditions that states that vehicle registrations with mistakes incur a penalty charge, and there is no
mention of "major keying error" on the sign. Even if the small font request is a T&C, AND I made an error entering the
registration, this is not a major keying error, as the registration ECP claim I entered is substantially the same as the
registration of the vehicle (SK10HHP vs SK10OWZ). The majority of the letters and numbers ECP claim I entered are identical
to those on the vehicle, in particular the rst sequence of letters are identical, the subsequent sequence of numbers are
identical, and only the last letters are claimed to be dierent. So this is not a major keying error, and certainly nothing that
could have prevented ECP's internal processes matching the payment to the vehcile (this car entered at this time, there was a
payment associated with this similar reg a few minutes after entry). This is a far easier computational task than the one they
already carried out to extract a car registation plate from a million pixels of various colours. I note that Eurocarparks have
retained the payment I made, rather than refunding it as soon as they decided it didn't correspond to any car that entered
the car park...
Can you provide any evidence to support your claim that you complied with the signage at the car park
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Annotated picture of the sign at entrance from
ECP
Motorist Photo
Please use this to provide an overall summary of the reasons for appealing against the parking charge notice.
ECP have acknowledged that I paid the correct tari, have acknowleged that I departed before the time was elapsed, but
claim I have not complied with their terms and conditions, on faulty grounds.
