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  • FIRST POST
    • TxxxFxxx
    • By TxxxFxxx 10th Oct 17, 11:15 PM
    • 11Posts
    • 13Thanks
    TxxxFxxx
    PE Morrison overstay
    • #1
    • 10th Oct 17, 11:15 PM
    PE Morrison overstay 10th Oct 17 at 11:15 PM
    Hello All,

    This is not first time I'm trying to appeal an PPC parking ticket.
    And I have read through updated newbee thread.
    Apart from complain to Morrison, I'm also trying to prepare POPLAR appeal in case I need this.

    As usual the most often wining grounds of appeal would be:
    1. no keeper liability.
    2. no landlord authority.
    3. signage.

    1. No keeper liability.
    "The keeper" received postal PCN on 16/09/2017 for event 26/08/2017. Although it claim the PCN is issued on 01/09/2017.
    The reason I'm sure of this is because the "PCN reminder" they claimed issued on 10/09/2017 arrived on the same day together with the original PCN. I guess they have posted both on the same day.
    Hence as postal NTK should arrive within 14 days, I don't think this NTK is issued correctly. But the tricky thing is does PE has to provide postal record to show the date they post it or they can claim it is issued in time as long as they state the whatever "issue date" on the letter?

    Also unfortunately this PCN is not "golden ticket" as POFA is mentioned at back.
    I have uploaded the picture here.
    hxxps://imgur.com/a/valPy
    and
    hxxps://imgur.com/a/9ELBP

    I cannot find any point to show that they have issued this in the wrong way apart from posting it too late. But I don't feel this is a strong point because it will be my words against them. Unless POPLA asked for proof of post record, which I don't think I have ever seen.

    2. Landlord authority.
    Although this is also a ground that definitely worth going for, as this is Morrison the chance they can provide a contract is quite high.

    3.Signage
    The google map(2016 data) shows they have not got any signs however the signs around now are similar to the ones in Beavis case (£85 charge itself was in the largest font size). It seems PE has update their signage at this car park.
    I can still argue it is not prominent, clear or legible from all parking spaces however I feel it is a lucky draw and purely depends on how POPLAR feels on the day.

    Hence in conclusion apart from wishing Morrison to cancel it on their side, I don't really feel there is a solid ground to win POPLAR.

    Could you please suggest if there is any more solid point at POPLAR stage?
    Thanks for your time in advance!
Page 1
    • Redx
    • By Redx 10th Oct 17, 11:21 PM
    • 16,091 Posts
    • 20,131 Thanks
    Redx
    • #2
    • 10th Oct 17, 11:21 PM
    • #2
    • 10th Oct 17, 11:21 PM
    how long was this "overstay" ?

    less than 21 minutes ?

    ahh, from the image I see its very , very long so clause #13 is unlikely to apply

    https://imgur.com/a/valPy

    definitely get a complaint in to Morrissons CEO or head office asap , as keeper, insisting they cancel it, especially if you can prove patronage with copies of receipts or redacted bank statements to back it up

    always query the following , regardless

    landowner contract
    poor and inadequate signage
    BPA CoP failures
    any NTK failures
    not the same as Beavis

    etc
    Last edited by Redx; 10-10-2017 at 11:27 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • The Deep
    • By The Deep 11th Oct 17, 7:57 AM
    • 7,168 Posts
    • 6,208 Thanks
    The Deep
    • #3
    • 11th Oct 17, 7:57 AM
    • #3
    • 11th Oct 17, 7:57 AM
    I visited a Morrisons last week where PE were the PPC. IMO the signs explaining the T&C, small lettering and lines and lines of very small print, (who reads this stuff) were not likely to form a contract.

    People shopping in supermarkets do not spend their time reading this guff, they just want to park to shop.
    You never know how far you can go until you go too far.
    • Umkomaas
    • By Umkomaas 11th Oct 17, 9:10 AM
    • 14,938 Posts
    • 23,449 Thanks
    Umkomaas
    • #4
    • 11th Oct 17, 9:10 AM
    • #4
    • 11th Oct 17, 9:10 AM
    Get on with emailing Morrison’s CEO who generally cancels tickets when requested, but 3 hours 50 minutes, you might have your work cut out. I wouldn’t be mentioning specifically the actual parking times.

    Were you using the car park for shopping at M’s for all that time, or just as a general car park facility for your convenience?

    https://imgur.com/a/9ELBP
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
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