Author Topic: Euro Car Parks PCN – Alleged Overstay – Esso Car Park, Rainham (RM13 8DP)  (Read 767 times)

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Hi everyone,

This is my first time posting here. I was advised by a friend to post here. I really appreciate the work you all do to help each other and would love to contribute in someway going forward.

I need some advice regarding a Parking Charge Notice (PCN) received relating to an alleged overstay at the Esso car park, Rainham (RM13 8DP) on 22/09/2025.

Details:
• Date of alleged contravention: 22/09/2025
• Entry time: 12:46:30
• Exit time: 13:20:56
• Date of issue (PCN): 27/09/2025
• Charge amount: £100, payable by 25/10/2025, reduced to £60 if paid by 11/10/2025

I am the registered keeper of the vehicle.
The driver was a paying customer at the site. Fuel was purchased, some items were bought in the Esso shop, and there was a need to use the facilities before leaving for a long journey out of city, with a baby in the vehicle that needed a changing and a feed. These circumstances meant the total stay slightly exceeded what appears to be a limited parking period, which the driver did not notice at the time (no signage indicating restrictions was seen). I don't have any images of the signage at this site.

Unfortunately, the PCN letter I received was misplaced and only came to my attention today, 27/10/2025. No appeal or payment has been made, and no further correspondence has been received so far.

Link to location (street view):
https://www.instantstreetview.com/@51.525965,0.167126,349.75h,8.43p,1.75z,Rl9DLIKCIowXiCVb7Rp-kg

Please could you advise on:
• Whether it is still possible to appeal or challenge the notice at this stage. I've passed the 28 day window to pay or appeal?
• The best approach to take as the next steps, given the delay in reading the initial PCN.

Thank you in advance for your guidance.

Please see attatched images (front and back) on the PCN received with confidentials redacted:

https://ibb.co/XZhQPG9S

https://ibb.co/6cm452nB

Please do let me know if in error in included information which should be redacted.

Thank you once again.

« Last Edit: October 27, 2025, 09:23:46 pm by Mrdashcam »

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Welcome. There are two ways you can approach this. However, the easiest but longest time to get this concluded is to go all the way to ECP issuing a county court claim through DCB Legal which after it is defended using the template defence we provide, will be eventually discontinued. However, this could take up to a year or more to conclude.

You could also try and appeal on the basis of discrimination under the Equality Act, but is almost certainly going to end up exactly the same as the first way I advise you to take.

Plan A should be to complain to the landowner. Email the site operator (MFG Esso “Beam”, New Road RM13 8DP) and MFG/Esso customer care. Enclose proof of fuel purchase and in-store spend, explain the baby changing/feeding need and imminent long journey. Ask them to instruct their agent (Euro Car Parks) to cancel as a bona fide customer.

Point out the PPSCoP requires an appropriate consideration period to find/read signs and decide whether to park/leave, and a grace period on top of any limit. Charges must not be enforced where the consideration period hasn’t expired, and a grace period must be allowed where a time limit applies.
.
If the site recently reduced/altered its limit, the PPSCoP requires additional temporary entrance notices for a minimum of 4 months to flag the change.Is there any chance you can get a contemporaneous phot of the location showing, as your GSV image shows that lack of any obvious signs containing any terms of parking or other restrictions?

At the same time, even though the 28-day appeal window has passed, submit a written “complaint/appeal” to Euro Car Parks, asking them to treat it under the PPSCoP mitigating circumstances guidance. Refer expressly to Annex F examples covering childcare-related delay; attach receipts and a short note on the infant care that protracted the stop. Ask for a POPLA code if they refuse cancellation. (While they don’t have to issue one out of time, they may if you present strong mitigation grounded in the PPSCoP.)

If that is not successful, come back and I will advise on how to deal with this going forward. If you follow the advice given here, you will not be paying a penny to ECP.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thank you for your reply and advice on next steps. Is there a timeframe I should aim to get this done within as it's been over 28 days from the first letter - asking as work is very busy in the next few weeks (covering other peoples holidays). Would they likely be sending me further letters very soon escalating this matter at my detriment?

Also when speaking to esso management about the ticket should I speak as the registered keeper of the vehicle ie. is it necessary to keep the actual identity of the driver confidential?

Finally, is it sufficient to go to the branch in person and request the management to waive the penalty or is it best to do it all in writing?

Thanks!

Any complaints should be submitted ASAP. When communicating with Esso management, you can do so as the Registered Keeper only. As this is likely to go all the way to a county court claim, it really doesn't matter though.

Once this becomes a claim, it is the sign that it is going to eventually end with a discontinuance. The only time it will take up is for you to let us know when some correspondence arrives and to email the necessary response which we provide. Whilst it will take a long time to conclude, there is very little you have to do in the meantime.

Going to the branch and speaking to staff there is almost never going to succeed. You will be fobbed off with "nothing we can do. Appeal to EPC".
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Dear forum,

The appeal was made as directed and no cancellation was offered from the customer services team.

An appeal was also made on their website and it was rejected.

In appeal the following was sent (it had to be very condensed due to word limits)

The driver was a genuine paying customer and long-term Esso user. The stay only extended due to unavoidable delays: card machine issues in Esso causing long queues, multiple purchases, use of facilities before a long journey, topping up fuel, and urgent infant-care needs for a baby with a skin-sensitivity condition. These justify discretionary cancellation, and infant-care delays require reasonable adjustments under the Equality Act 2010.

The driver saw no clear signage of any stay limit. The PPS CoP requires a consideration period to read terms, a grace period at the end of the stay, and if limits were recently changed, prominent temporary signage for at least 4 months.

Apologies for the delay due to extenuating circumstanes. If cancellation is refused, please provide POPLA code.

With this receipts was sent showing proof of purchase of store items + fuel receipts.

Please see attatched their appeal rejection letter in response.

https://ibb.co/Zp7CXdHR
https://ibb.co/ycTm6VDZ
https://ibb.co/7xKx2FZm

Please guide me to next steps which would be likely be the POPLA appeal.

Also they have a 14 day window to pay the PCN. If I go ahead with the popla appeal do I need to inform them somehow so that they don't escalate further as only 4 days are left to pay but they allow a further 16 days to make a popla appeal?

Thanks.
@b789
« Last Edit: December 23, 2025, 06:36:57 pm by Mrdashcam »

From here, I want to explain the process clearly so you understand exactly where this goes and why you do not need to worry.

The next step is POPLA. This is simply the next procedural stage available once Euro Car Parks have rejected the appeal. Submitting a POPLA appeal does not create any obligation to pay and it does not move the case any closer to enforcement. It is just a box that gets ticked.

Once the POPLA appeal is submitted, Euro Car Parks are automatically notified through POPLA. You do not need to contact Euro Car Parks separately and you do not need to do anything else while POPLA considers the case.

If POPLA allow the appeal, the charge is cancelled and that is the end of the matter.

If POPLA reject the appeal, nothing changes in any meaningful way. A POPLA rejection is not a court decision, it is not binding on you, and it does not mean you owe any money. It simply means Euro Car Parks will continue along their standard process.

After a POPLA rejection, you will receive some useless debt recovery letters which you can safely ignore. Debt collectors are powerless to do anything except to try and intimidate the low-honing fruit on the gullible tree into paying out of ignorance and fear. At this stage, there is still no requirement to pay anything and no adverse consequences for not doing so.

The only point at which this becomes something you must actively deal with is when a county court claim is issued. In cases like this, that would be issued by DCB Legal.

Eventually an N1SDT Claim Form arrives. It must not be ignored. At that point, you acknowledge service and then file a defence using the template defence we provide. That is the key step.

Once that defence is submitted, I can guarantee with greater than 99.9% certainty that the claim will either be struck out or discontinued and that will be the end of the matter. There are hundreds of ECP cases on the forum and you can search for any of them to see how they progress and end if the advice given here is followed.

The process can take time but there is very little for you to do other than show us the Letter of Claim (LoC) or the Claim Form with the Particulars of Claim (PoC) on it.

Before all that, there is the POPLA appeal which should be as follows, for what it's worth:

Quote
You are right. My wording was wrong and I apologise.

A consideration period is not “extra free parking time” and it must not be presented as something that gets added to anything. It is only the time needed to locate, read and understand the terms and decide whether to accept them by remaining parked. If the driver does not accept and leaves, no parking contract is formed and no charge can arise from that signage-based contract. If the driver does accept and remains parked, the consideration period is not some “free allowance” bolted on top of the permitted stay.

The grace period is different. It applies at the end, after the permitted parking time ends, to allow a driver time to leave.

Below is the corrected POPLA appeal wording with the consideration period framed properly and without any suggestion of combining it with the grace period.

POPLA APPEAL (REGISTERED KEEPER)

POPLA verification code: [insert]
Operator: Euro Car Parks (ECP)
PCN number: [insert]
Vehicle registration: [insert]
Site: MFG – Esso Beam, New Road, Rainham RM13 8DP
Date of event: 22/09/2025
ANPR times alleged: entry 12:46:30, exit 13:20:56
Operator rejection letter date: 13/12/2025

I am the Registered Keeper and I am appealing as Keeper only. The Operator has not established Keeper liability, and it has not proved any breach on the balance of probabilities. I require POPLA to allow this appeal and direct the Operator to cancel the PCN.

1. The Operator has not established Keeper liability (strict proof required)
The Operator must demonstrate full compliance with the Protection of Freedoms Act 2012 Schedule 4 in order to transfer liability from the driver to the Registered Keeper. I do not admit to being the driver.

The Operator is put to strict proof that a fully PoFA-compliant Notice to Keeper was served, including all mandatory wording and information required by Schedule 4. The Operator must produce to POPLA a copy of the original Notice to Keeper and evidence of the date of posting/service. If PoFA compliance is not proven, the Keeper cannot be liable and this appeal must be allowed.

2. No evidence of the required period of parking (ANPR entry/exit is not parking)
The Operator relies on ANPR timestamps of entry and exit. This does not evidence the period of parking. ANPR records only when a vehicle passed a camera at the site boundary, not when it was parked in a bay, nor time spent driving within the site, circulating, queuing, manoeuvring, waiting to access pumps/facilities, or exiting.

The Operator alleges a “maximum stay 15 minutes” term but has not proved any actual parked duration. It has therefore failed to prove a breach of any maximum stay term.

POPLA is invited to require the Operator to produce evidence of the true period of parking (not merely entry/exit images) and to explain how it distinguished parking time from driving/queuing/exiting time. In the absence of such evidence, the charge cannot be upheld.

3. Consideration period and contract formation not proven
The Operator must prove that the driver was given a fair opportunity to locate and read the terms before any parking contract could be formed by the driver choosing to remain parked. This is not “extra parking time”. It is about whether the terms were properly brought to the driver’s attention, and whether any contract was capable of being formed at all.

The driver did not see any clear signage indicating a stay limit. The Operator’s rejection letter contains assertions about signage but assertions are not evidence. The Operator has not proved that the key terms were prominent and readable at the entrance and throughout the site from a driver’s perspective before any decision to remain parked was made.

If the Operator cannot prove that the driver had a fair opportunity to see and read the terms before remaining parked, then it cannot prove acceptance of the alleged terms, and no contract can be enforced.

4. Grace period at the end not evidenced or applied
A grace period applies at the end of parking to allow a driver time to leave once the permitted parking time ends. The Operator has not demonstrated that it applied any grace period at all. It relies on ANPR entry/exit timestamps and does not show any calculation of an actual parked period, nor any allowance for time to depart.

The Operator is put to strict proof that a grace period was applied properly and that, even after applying it, a contravention is proven. In the absence of evidence, the charge must fail.

5. Inadequate signage and lack of proof that terms were properly brought to the driver’s attention
The Operator must prove that prominent, clear and readable signage was in place at the material time, including at the entrance, and that the key terms (including any maximum stay and the parking charge amount) were sufficiently prominent to form a contract.

The Operator is put to strict proof of:
a) Entrance signage that was readable from a driver’s perspective on entry, before any parking decision was made.
b) The number, locations and visibility of all signs throughout the site, evidenced by photographs in context showing distance, height, angle, lighting and any obstructions.
c) That the signage was present and materially the same on 22/09/2025.
d) That the parking charge amount was prominent and legible, not hidden in small print.

Close-up photographs of a single sign, or generic images, do not prove that a driver would have seen and read it at the material time. A site plan and driver-perspective photographs are required.

6. No proof of landowner authority (standing)
The Operator must have contemporaneous written authorisation from the landholder/occupier to manage parking, issue PCNs, and pursue charges in its own name at this site. The Operator is put to strict proof of its standing.

I require the Operator to produce an unredacted, contemporaneous landowner agreement (or a properly evidenced chain of authority) confirming:
a) The identity of the landholder/occupier.
b) The precise site boundary covered.
c) Authority to issue PCNs.
d) Authority to pursue charges in its own name, including litigation.
e) The dates and any relevant restrictions or conditions.

If the Operator fails to produce this, the charge must be cancelled.

7. ANPR accuracy, synchronisation and data integrity not proven
Because the Operator relies on ANPR timestamps, it must prove the system was accurate, synchronised and properly maintained.

I require the Operator to produce:
a) Maintenance and calibration records for the ANPR cameras at this site for the relevant period.
b) Evidence of time synchronisation procedures and checks.
c) Evidence of audit/compliance checks and data integrity.
d) The full ANPR data record for this vehicle for the date in question (not just two still images).

Without this, the Operator cannot discharge the burden of proof.

8. Evidence of genuine customer activity and supporting context (not relied upon as the primary ground)
The driver was a genuine paying customer at this site. Fuel was purchased and items were bought in the shop. The stop included normal, foreseeable customer activity at a petrol forecourt/retail site, including use of facilities before a long journey and urgent infant-care needs (changing and feeding a baby with a skin-sensitivity condition). Receipts were provided to the Operator.

This is supporting context only. The appeal must be allowed because the Operator has not established Keeper liability, has not proved any parked duration, has not proved that the terms were properly communicated and accepted, has not proved landowner authority, and has not proved ANPR reliability.

Summary
For all of the reasons above, I require POPLA to allow this appeal and direct Euro Car Parks to cancel the Parking Charge Notice.

Evidence enclosed

1. Receipts for fuel and in-store purchases.
2. Any available photographs of signage/entrance (if obtained).
3. A short timeline statement confirming this was a customer visit at a forecourt/retail site.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thank you so much for your detailed reply.

For the images, as the actual site for parking is quite far away (45 minutes drive) would it be ok if I attatched google maps street view images (from october 2024). Would that be useful?

I've attatched the images from google maps. Do see them below. Would this be sufficient?

Actually in the images you can see that a major street sign (bus lane) blocks the view of the ECP parking sign as you approach the site thus giving very little viewing opportunity to see the sign on the approach. An example or poor placement. Secondly, the sign is located in the opposite direction to the petrol pumps which is naturally where the driver would look when looking to fuel thus deminstrating poor placement yet again. Finally, the sign appears faded and no other obvious signage in clear view. Are these good points to add onto the notes that you've sent or is your version sufficent?

https://ibb.co/twhGMxBz
https://ibb.co/s9yhq1NR
https://ibb.co/HDSNTfcZ

Also for point 3, attatched timeline of events should I send a seperate attatched document that explains the drivers experience in the store and the delays etc? Didn't understand that point. Thanks

@b789
« Last Edit: December 23, 2025, 11:11:20 pm by Mrdashcam »

You can add those images to your POPLA appeal to show faded sign and poor placement. However, to be honest, this is inlikely to succeed at POPLA. I wouldn’t worry about putting too much effort into it.

Where this is guaranteed to win is after the issue a county court claim through DCB legal and it is defended. They will discontinue if it is not struck out first.

Search the form for any ECP claim to see how this would progress.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain