PCN Advice

albaredz

Hi folks,

We received a £65 parking charge notice from Topher Ltd relating to when we parked in a car park; we are based in Scotland. Unlike the bog standard print-out letters typical of these companies, it came in the form of a small notice with handwriting on it.

There are various "reasons for issue" listed on the notice, but not a single box for any of them is ticked. This includes the usual list ranging from reasons like not displaying a valid ticket, obstructive parking, expired ticket, exceeding time limits, etc. Instead, the reason is written in (in the "other" section) as "LEFT ESTATE".

"LEFT ESTATE"? I checked the time of the notice and the duration of the stay was 40 minutes - people do shopping in supermarkets longer than that! Are they saying that they considered it appropriate to charge 65 quid for leaving their premises after a 40 minute shop? It sure looks that way to me.

I am wondering what you guys think about this? Any feedback would be appreciated. Also bear in mind we're Scotland based so I wonder if the law differs in any vital respect.

Stroma

I've never heard of this company ever doing court. And as this is Scotland with no keeper liability I would wait until the notice to keeper and ignore them

Umkomaas

OP - VCS -v- Ibbotson springs to mind. Have a read of this for some background information. Possibly a similar situation where the car park attendant saw the motorist leave the car park, but did not try to warn him that he would be ticketed (failure to mitigate losses)....... and this was the outcome of the court case.

http://notomob.co.uk/discussions/index.php?action=dlattach;topic=2793.0;attach=2873

Now, the more serious stuff - in Scotland the Protection of Freedoms Act 2012 does not apply, so, as Stroma advises, they can't chase the Registered Keeper - only the driver. So under NO circumstances should you reveal who the driver was to the PPC. Do NOT make any contact with them whatsoever, just wait to see their next move, then come back to the forum with details.

Meanwhile - happy reading.

albaredz

Thanks guys. That case is pretty much a carbon copy of what's happened here; we headed to the shops around the city then when we returned to do shopping on the premises, the store was closed. Instead we simply went to another store in the city and bought there, so really, the company still benefited regardless!

Coupon-mad

Ignore Topher but keep all the letters just in case they ever tried a small claim.

But complain at the Store - to the Store Manager only - as they may be able to cancel it if you complain straight away and show receipts. If you want to do this armed with even stronger information then why not phone up the Council Planning Dept on Monday first, and ask:

- was the planning consent for that car park granted with a requirement that shoppers are allowed to use local shops off site (often is the case with newer car parks)?

- and were they aware that a firm called Topher are running a business in the car park? Give them details, Topher are charging £65 or more to some visitors, for certain length of parking time, certain alleged 'breaches' and when the store is closed.

If the answer to the 1st question is 'yes' shoppers can go offsite' then the Store and Topher (their agent) would be in breach of planning consent. I am sure the Store Manager would take that seriously.