We need to see the Notice to Keeper (NtK) you received. If you follow our advice, you will not be paying a penny to ECP.
On that sign you have shown, the headline obligations are presented together:
“Charges apply 07:00–18:00 (…)/10:00–16:00 Sun”
“Maximum stay 2 hours”
Because the charging hours are set out as the operative window, a reasonable consumer could read the 2-hour limit as a condition of that chargeable period, not as a 24/7 prohibition. If the operator intends the max-stay to bite at all times, that must be made clear and prominent (CRA 2015: transparency/fairness). The current layout invites the interpretation that outside charging hours the tariff (and associated conditions) don’t apply.
ECP will reply that “max stay” is independent of tariffs and is enforced 24/7 via ANPR. That’s common—but it has to be unambiguous. If the signs don’t actually say “Maximum stay 2 hours at all times” (or similar) and the entrance sign doesn’t make that plain—especially in evening lighting—you have a credible argument.
If you appeal, keep it tight and evidence-led. Suggested core paragraph:
The signage clusters “Charging hours: Mon–Sat 07:00–18:00/Sun 10:00–16:00” with “Maximum stay 2 hours.” A reasonable consumer would read those terms together and understand the 2-hour limit to govern the chargeable period only. There is no clear statement that the maximum stay applies 24/7. Under the Consumer Rights Act 2015 (ss.62–68) any ambiguity must be resolved in the consumer’s favour. Put the operator to strict proof that the entrance signage and main signs state, clearly and prominently (and legibly at night), that the maximum stay applies at all times.
What to photograph now (at the same evening hour):
• Entrance sign (is “Max 2 hours at all times” stated?).
• The main sign you saw, wide-angle and close-up, showing how the “charging hours” and “max stay” are presented together.
• Illumination/legibility in darkness.
Also include proof of spend and ask Sainsbury’s to cancel as a genuine-customer discretion; that route has the highest success rate.
However, even if any appeal (initial and POPLA) is not successful, this will go to a county court claim and it is highly likely (greater than 99.9%) that it would be discontinued before the trial fee of £27 has to be paid around a month before any hearing date that is eventually set.
In the meantime, continue with Plan A, which to get Sainsbury's to get it cancelled. If you have no luck at the store, email the top of the management food chain with a complaint.
Edited to add: Having looked on Google Maps, the entrance sign clearly states "Maximum stay 2 hours", which weakens the argument a bit about whether the restriction only applies to the charging hours.
However, as I said, even if you do nothing and wait for a county court claim to be issued, as long as it is defended, they will discontinue before any hearing. They work on the likelihood that you are low-hanging fruit on the gullible tree who can be intimidated into paying out of ignorance and fear.
