Successful complaints about private parking tickets - how to get them cancelled!

Red_Shift

Another success due entirely to the advice received on this forum.

This one is the drop off charge at the North terminal of Gatwick airport.
We didn't think we had to pay it because we were dropping off at the sofitel hotel for a meeting and not even using the airport, signage is unclear.
As it turns out, you do still need to pay so don't think of that as a way around the charge. However, if you check in at the hotel reception desk and give them your registration number, they are meant to whitelist your car to prevent the charge from happening, worth knowing.

Either way, our issue was not so much the charge of £5 or £15 for not paying, it was the fact that BW legal, on behalf of NCP, were trying to extort us for £170! £100 for the parking "fine" and £70 for the legal recovery costs.

Anyway, the success was rooted in complaining very strongly to gatwick airport. I used their complaint portal, found here https://www.gatwickairport.com/contact-us/customer-feedback.html

The email address they used to respond and therefore I assume one that you could use to make initial contact is passenger.experience@gatwickairport.com

here is the link to the thread where I received the advice from coupon mad and le kirk https://forums.moneysavingexpert.com/discussion/comment/80441232#Comment_80441232

Coupon-mad

Very good!

"...and £70 for the legal recovery costs."

Soon to be ILLEGAL 'recovery' costs.

JJW101

I've had my Gatwick drop-off charge cancelled - I actually would have paid the fiver with hardly a thought (although it would have been through gritted teeth) but as it is they've wasted their time (and mine) and have absolutely nothing to show for it. I was so cross at getting a 'penalty' through the post that I decided to fight it (it was £80 reduced to £15 if paid within 14 days because it was my first 'contravention'). 

First I left a one-star review for NCP on Trustpilot (where I admitted I was the driver!) and NCP got back to me saying they weren't going to let me off. An angry email to Gatwick didn't even get a response (I'll leave a one-star review about them on Trustpilot now).

I then discovered this site but slightly adapted things for my own circumstances, and to include everything I'd found out:

As the keeper of the vehicle, I dispute your 'parking charge'. I deny any liability or contractual agreement. I will also be sending complaints about your predatory conduct, which has caused me undue stress and hardship, to Gatwick Airport, the MP representing the Airport, my own MP, and the BPA (see below).

BYELAW ENFORCEMENT: The Airport is not "relevant land" as defined by the Protection of Freedoms Act 2012, and therefore Gatwick/NCP are incapable of holding the vehicle keeper liable.

ABSENCE OF KIOSKS/BARRIERS/STAFF/PAY-MACHINES: This meant the driver had reason to assume any charge was no longer in operation, or that it was suspended because it was the DAY OF A TRAIN STRIKE. Failing that, the vehicle keeper might have expected to get a bill through the post within a few days politely asking for payment of the charge, not a demand to pay a penalty.

WOEFULLY INADEQUATE SIGNAGE: There were no signs to suggest drivers had to search online to pay the charge; no signs stating the amount of the charge; and no signs regarding a penalty for non-payment. Any sign with the terms and conditions was not legible, or even visible, to drivers. If you dispute any of this, I require close-up photographs of the signage which you contend was at the location on the material date and satisfies all the above requirements.

RECENT COURT CASES: On September 20th 2023, deputy district judge Hannah Brookfield ruled that Gatwick/NCP’s parking charge was unfair under the 2015 Consumer Rights Act, stating that the driver had no opportunity to consider the terms and conditions of the parking contract before they entered the drop-off zone. 

BPA VIEW: "Our guidance specifically says that there must be sufficient time for the motorist to park their car, observe the signs, decide whether they want to comply with the operator’s conditions and either drive away or pay for a ticket", Kelvin Reynolds, BPA Director of Corporate Affairs.

DISCRIMINATORY POLICY: With online research being the only feasible method of ascertaining information about, and payment of, the charge (as drivers are disallowed from leaving their vehicles to read any terms and conditions signs, and in any case the grace period is too short for same) NCP is likely to be in breach of the Equality Act 2010 on the grounds of both age and disability discrimination.

Coupon-mad

JJW101 said:

I've had my Gatwick drop-off charge cancelled - I actually would have paid the fiver with hardly a thought (although it would have been through gritted teeth) but as it is they've wasted their time (and mine) and have absolutely nothing to show for it. I was so cross at getting a 'penalty' through the post that I decided to fight it (it was £80 reduced to £15 if paid within 14 days because it was my first 'contravention'). 

First I left a one-star review for NCP on Trustpilot (where I admitted I was the driver!) and NCP got back to me saying they weren't going to let me off. An angry email to Gatwick didn't even get a response (I'll leave a one-star review about them on Trustpilot now).

I then discovered this site but slightly adapted things for my own circumstances, and to include everything I'd found out:

As the keeper of the vehicle, I dispute your 'parking charge'. I deny any liability or contractual agreement. I will also be sending complaints about your predatory conduct, which has caused me undue stress and hardship, to Gatwick Airport, the MP representing the Airport, my own MP, and the BPA (see below).

BYELAW ENFORCEMENT: The Airport is not "relevant land" as defined by the Protection of Freedoms Act 2012, and therefore Gatwick/NCP are incapable of holding the vehicle keeper liable.

ABSENCE OF KIOSKS/BARRIERS/STAFF/PAY-MACHINES: This meant the driver had reason to assume any charge was no longer in operation, or that it was suspended because it was the DAY OF A TRAIN STRIKE. Failing that, the vehicle keeper might have expected to get a bill through the post within a few days politely asking for payment of the charge, not a demand to pay a penalty.

WOEFULLY INADEQUATE SIGNAGE: There were no signs to suggest drivers had to search online to pay the charge; no signs stating the amount of the charge; and no signs regarding a penalty for non-payment. Any sign with the terms and conditions was not legible, or even visible, to drivers. If you dispute any of this, I require close-up photographs of the signage which you contend was at the location on the material date and satisfies all the above requirements.

RECENT COURT CASES: On September 20th 2023, deputy district judge Hannah Brookfield ruled that Gatwick/NCP’s parking charge was unfair under the 2015 Consumer Rights Act, stating that the driver had no opportunity to consider the terms and conditions of the parking contract before they entered the drop-off zone. 

BPA VIEW: "Our guidance specifically says that there must be sufficient time for the motorist to park their car, observe the signs, decide whether they want to comply with the operator’s conditions and either drive away or pay for a ticket", Kelvin Reynolds, BPA Director of Corporate Affairs.

DISCRIMINATORY POLICY: With online research being the only feasible method of ascertaining information about, and payment of, the charge (as drivers are disallowed from leaving their vehicles to read any terms and conditions signs, and in any case the grace period is too short for same) NCP is likely to be in breach of the Equality Act 2010 on the grounds of both age and disability discrimination.

Love it! Great NCP Gatwick win!

JJW101

Yes indeed, many thanks for your help!

tangofingers

Hi. Didn’t want to spend my day off like this but grateful for the resources provided. I’ve read the Newbie instructions. Stuck a little at step 1- complaining to retailer.

Site: Earlham House, Norwich
Situation: Parked in parent & child bay with a baby that I didn’t get out of the car. Went to the Post Office to return some post. 
My PCN: From NPE Ltd, for parking for 1 minute 49 seconds. ‘Parked in a child and parent bay whilst unaccompanied out of the vehicle by a child 12 years or less’.

I know Post Office doesn’t own the land, and I now know that all of the retailers on this site have been suffering because of NPE’s tactics, so how do I write a complaint letter to them? Should I write a letter asking for them to complain to the landowner on my behalf? How do I go about this first step please? Thanks

Coupon-mad

Earlham House, Norwich

No hope of a successful complaint to those landowners who appear to be in on it. On 21st February 2017 Bellgold Ltd, the former freeholder, divested itself of the freehold reversion in the building (but not the surrounding land, including a small Co-op supermarket and car parking area).

https://www.edp24.co.uk/news/20841962.earlham-house-shopping-centre-car-park-still-owned-bellgold-properties-despite-sale-complex/

Despite protests from local Councillors, the shops and customers nothing has been done to improve matters and according to all the newspaper reports about this cash cow site, Bellgold seem content to let NPE do what they want.  Loads of articles are about the parent & child spaces predatory 'scam'.

You won't be paying.

Just ignore NPE and start a new thread if you don't already have one about this PCN.

No reply here please. 

THIS THREAD IS FOR SUCCESSFUL COMPLAINTS TO BE POSTED TO HELP OTHERS.

Bender000

trisontana said:

This from PPP. Note the rather bizarre initial excuse from Lidl:-

Hey all, just to let you know, the charge and court case were canceled by ParkingEye.

I spoke to FarmFoods customer support via email. They were very nice in offering me a voucher (which I haven't received yet, been over a week!), but they then wrote back saying ParkingEye are asking for proof of purchase - a receipt or a bank statement. I had neither, so I emailed back with receipts on other dates to show I was a regular customer, and I haven't yet heard back from them

LIDL were horrible to begin with. They sent me a template reply saying there's nothing they could do because BPA doesn't allow them to interfere. I wrote back saying BPA does allow them to intervene, sending them the link to the BPA website. I said I wouldn't be shopping at LIDL any more, and forwarded the email to the managing director in the UK. A few days later I received a voicemail from LIDL telling me the parking charge had been canceled. I then called up the court, and they confirmed that the court case had been canceled.

Awesome stuff, thank you all for your help.

I hope the people who support, run and work for these private parking companies are one day punished for their crimes against innocent motorists. At the very least, I hope they see the error of their ways. Their method of monetisation is not just unlawful, it's highly immoral, and I wonder if those without socio- or psychopathic tendencies don't at least feel a tinge of remorse about what they do.

Do you have the BPA link? I've tried emailing Lidl but got the same template reply as yourself.

Thanks 

Philou

https://forums.moneysavingexpert.com/discussion/comment/80465065#Comment_80465065

Dear Customer Service Manager,

 

As a regular customer of Lidl, we felt harassed and found it vexatious on the part of your Parking Services Management to penalise a loyal customer with a charge for using your car parking space while shopping at your store in Walthamstow and respecting your closing time of 10pm!

We were approached by your staff to speed up our shopping due to closing time approaching, and in a haste we wrapped up, paid at the self-service counter and exited the store. There was no indication that we noticed, which necessitated proof of shopping at the above-mentioned store to be eligible to use the car parking space. Luckily, we still have the receipt that we have hereby attached with the hope that this charge is cancelled as it is evidence that we were in fact your customers at the time the parking space was used. Alternatively, we will have no reason to ever set foot in any of your stores despite having been long-standing customers.

We remain at your disposal should you have any relevant query. Otherwise, we would appreciate that the charge is duly cancelled, and we are then notified please. Some details that may help you:

 

Parking Services Management: ParkingEye

Reference Number: zxxxx/xxx

Date of Event: 01/12/2023

Date issued: 06/12/2023

Thank you for your assistance.

 

Kind regards

Response from Lidl:

Dear Mr. XXXX Our Ref: XXXXX

Re: Parking Charge Notice Thank you for providing the requested information.  We’re pleased to let you know that the parking charge has been cancelled with our Car Park Management company directly. We’re glad we were able to assist you on this occasion and we hope this update has made your day a Lidl better!  Just to make you aware, our Customer Care team aren’t able to cancel any further charges so please make sure to check the parking instructions on your next visit. Should you need any help in the future please speak to the parking management company and they’ll be happy to help. We hope to see you back in store soon.

We’d love to hear your thoughts about the service you’ve received today. To take part in our survey please click here and help shape your experience as a customer.

Yours sincerely, For and on behalf of Lidl Great Britain Limited XXXXX Customer Care

Coupon-mad

I'd seriously tell them that your thoughts about this are that the first major Supermarket to wake up, smell the coffee and remove ANPR surveillance from all their sites (and puts a barrier there instead, where necessary) gets your family's business.