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

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Comments

  • doubleoseven
    doubleoseven Posts: 64 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    edited 28 January at 12:41AM
    Robinhood Pub, Cambridge - December 2024 - Plan A successful. 

    Registered keeper (RK) received PCN from Britannia Parking for driver not entering numberplate into a screen in pub. 

    The screen to enter the number plate is by the main entrance at restaurant reception, which is by the street typically where pedestrians enter from. Driver entered from car park entrance and staff did not ask about parking or mention anything about the screen. 

    RK started with Plan A and went to pub and (politely) complained. The manager agreed to cancel the PCN and took down the PCN number. Advised the RK may get another letter but to ignore it. 

    Another letter from Britannia did come advising the 14 day expiry, followed by DCBL escalation for debt recovery, concerned the bar manager had not actually done what they promised, the RK contacted GK head office via their complaints page, and (politely) complained again.

    https://www.greeneking.co.uk/contact-us/customer-service

    GK responded same day requesting the following information: 

    "In order for us to assist you further please can you provide the following details:
     
    Name of Pub
    Date of the Visit
    Parking Charge Notice
    Registration Plate
    Copy of the letter received
    Proof of purchase
    Please confirm if you entered your car registration in the meter in the car park or the tablet in the pub:
    Did the Team at the pub make you aware to enter your details?
     
    Once we have received this information, we will investigate this further."

    Thankfully RK  was able to source a receipt from the driver and supplied all details requested, with a complaint about driver not being advised by staff of no. plate requirement. 
    ----

    Received the following response within 48 hours: 

    "Thank you for providing us with the information.

    I am pleased to inform you that the Parking Charge Notice has been cancelled and therefore no further action will be taken. Britannia has also instructed DCBL also.

    Please be advised that you may receive further correspondence from the parking company. as there may be a crossover between the Parking Charge Notice being cancelled and a letter being sent out to you.

    Should you require any further assistance, please do not hesitate to get in touch."

    ---

    Thank you to all regular contributors to this forum for your generosity and dedication in helping with these matters. Legends, all of you! 

  • Coupon-mad
    Coupon-mad Posts: 150,673 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 27 January at 6:22PM
    That's a great example.

    The questions Greene King asked also shows that they clearly know the issues involved and have had complaints before.

    This bodes well for future complaints too.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • doubleoseven
    doubleoseven Posts: 64 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    edited 28 January at 11:09PM
    Agreed, fair play to GK, I think they are quite sensible about it. I also sent a follow up complaint about their using this company and all the reasons why this is a bad idea, and how it sours relations with paying customers. If they receive enough of those, they may change their strategy. 
  • 003294
    003294 Posts: 4 Newbie
    Part of the Furniture First Post
    Can anyone help with a popla appeal that failed in a Tesco Car Park in West Brom

    Decision
    Unsuccessful
    Assessor Name
    Heidi Brown
    Assessor summary of operator case

    The parking operator has issued a parking charge notice due to the appellant failing to make payment/validate the stay.

    Assessor summary of your case

    The appellant has raised the following points from their grounds of appeal: - The appellant states they are a Tesco customer and have evidence of this. They state there is insufficient signage regarding the validation process. Upon reviewing the operator’s evidence, the appellant has reiterated their grounds and raised new grounds regarding grace periods and the operator’s lack of response. The appellant provided correspondence with the operator, a photo of where they parked and a bank statement.

    Assessor supporting rational for decision

    When assessing an appeal POPLA considers if the parking operator has issued the parking charge notice correctly and if the driver has complied with the terms and conditions for the use of the car park. When entering a site, it is the motorist’s responsibility to read the signs and adhere to the terms and conditions stated. In this case, the signs state payment is required, or Tesco customers can obtain a validated ticket with a minimum spend and obtain 2 hours free parking. The operator’s evidence shows no record of validation or payment against the appellant’s vehicle. Therefore, the terms and conditions of the site were breached, and a charge was issued for £70. - The appellant states they are a Tesco customer and have evidence of this. They state there is insufficient signage regarding the validation process. Whilst I acknowledge the appellant’s comments and evidence, the driver of the vehicle does not need to have read the terms and conditions of the contract to accept it. There is only the requirement that the driver is afforded the opportunity to read and understand the terms and conditions of the contract before accepting it and not rely on the staff or business in question to provide them with this information as they are not obligated to do so. It is the driver’s responsibility to seek out the terms and conditions, and ensure they understand them, before agreeing to the contract and parking. Reviewing the photographic evidence of the signage on display at the site and the site map, I am satisfied that the appellant as the driver was afforded this opportunity as there are 30+ signs located around the site. It is the motorist’s responsibility to seek out the terms upon arrival. The British Parking Association (BPA) monitors how operators treat motorists and has its own Code of Practice setting out the criteria operators must meet. Section 17 of the Code recognises that drivers are more frequently required to enter their vehicle registration when paying for parking or registering for a permit. Section 17.4B requires the parking operator to have a process for dealing with major keying errors. Where the motorist has proven they were a legitimate user, it requires the parking operator to offer to reduce the amount of the PCN to £20 if it can be shown that the driver was a genuine user of the site. Although the appellant provided evidence of spending more then £5 to POPLA, this was not provided in the first appeal to the parking operator. Due to this, the operator could not identify the appellant as a legitimate user and therefore the reduced charge was not offered. Please note that this can only be offered in the first appeal, this is why it is vital for appellants to provide all supporting evidence when submitting the appeal. Please be advised that POPLA can only review the evidence presented by both parties. It is not within my remit to request specific evidence or information from either party. I note that the appellant has raised additional grounds for appeal in their comments regarding grace periods and the operator’s information/evidence despite not raising this when submitting the initial appeal. Please note that POPLA does not accept new grounds of appeal at the comment stage. Instead, the comment stage is to be used to expand on the initial grounds of appeal after seeing the evidence pack from the operator. As these were not raised in the initial appeal, I cannot consider these this as part of my decision. The appellant has reiterated their original grounds of appeal after reviewing the operator’s case file. As I have addressed these issues above, I will not comment further. After considering the evidence from both parties, the appellant failed to make payment/validate the stay and therefore did not comply with the terms and conditions of the site. As such, I am satisfied the parking charge has been issued correctly and I must refuse the appeal.

  • Le_Kirk
    Le_Kirk Posts: 24,316 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You need to start your own thread with a few details about the parking issue 
  • Vic20
    Vic20 Posts: 23 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    edited 27 February at 11:23PM

    NTK cancelled at Slate Quay Car Park in Caenarfon

    Please see my thread here.
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