Why £473,000? How the CMA Calculated the Euro Car Parks Penalty
The CMA said the penalty represented 75% of the maximum possible fixed amount calculated under the applicable statutory rules.
The CMA said the £473,000 fixed penalty represented 75% of the maximum possible fixed amount calculated under the applicable statutory rules. According to the Final Enforcement Notice, the penalty was set to reflect seriousness, deter future non-compliance, and remain proportionate.
What the Final Enforcement Notice said
Paraphrased precisely from the notice — the original wording should be read in the document itself.
- 01The penalty should reflect the seriousness of the non-compliance.
- 02The penalty should deter future non-compliance, by Euro Car Parks and by others.
- 03The penalty should remain proportionate to the matter.
- 04The figure represented 75% of the maximum fixed amount available under the statutory calculation.
A fairness detail
The provisional process contemplated both a £473,000 fixed penalty and a possible daily penalty. No daily penalty was imposed in the Final Enforcement Notice.
The reason no daily penalty was imposed is that the requested information had been supplied by the time the final notice was issued. This is an important fairness detail: the penalty regime is designed to secure compliance, and once compliance was achieved the daily element fell away.