Parking Charge Advice Needed Please

jcmusic

Hi all. Firstly thank you to everyone that contributes on this forum. It's an amazing source of information.

I was hoping to get some advice on my situation with a recent parking charge that I received through the post. It was from a local retail park where I was doing my Christmas shopping. They want £60 from me for staying over the 2 hour time limit by an hour or so. As seems to be the case with a lot of people, I was completely unaware of the time restriction. There were no obvious signs in place and I naively thought nothing of parking there for as long as I needed to do my shopping. Lesson learned!

So.... I have tried calling TK Maxx to help make this go away. They inform me that I needed to have spent at least £70 to have any chance of the landlord doing anything about the charge. I only spent about £30 and unfortunately have since realised the receipts have been thrown away and I used cash for the payment so have no bank records. I also shopped at ASDA but likewise have no receipt. I also called Halfords to see if they could help but was told that as I only browsed their store, there was nothing they could do. I tried calling ASDA but couldn't get through so will try again tomorrow. I'm also going to try and get a contact for the landlord and plead to his good nature but suspect this may be in vain.

Can anyone advice me on the best thing to do here? What legal stance do I have considering that I (stupidly) have no proof of having shopped at the stores in the retail park?

Honestly.... what a real bore this kind of thing is and a completely unnecessary waste of time! These companies make me absolutely sick to my stomach.

Anyhow......... thanks in advance for your help guys.

Best wishes,
Jack

Redx

hi

you should be reading the "newbies - read this now" sticky thread at the top of this forum for starters - definitely

as for reasons to soft appeal (and popla appeal if it comes to that), here are 3 you have not considered

1) The charge is not a genuine pre-estimate of loss
2) Your signage is inadequate and does not comply with the BPA Code of Practice
3) You do not have authority or contract to issue these invoices

Stroma

A few questions

1) is this England or Wales ?
2) who is the parking company?
3) was this a ticket on car or through the post?
4) are you the registered keeper?

Thanks

jcmusic

Many thanks for the responses guys.

Redx... I shall definately comb through the newbies thread and thank you for the appeal points.

Stroma... in answer to your questions:

1) is this England or Wales ?
England

2) who is the parking company?
Vehicle Control Services

3) was this a ticket on car or through the post?
By post

4) are you the registered keeper?
Yes

HO87

@ OP

With respect, but "plead to his [landlord] good nature"? Are you being serious? You were a bona fide customer taking advantage of an apparently unconditional offer to shop. And you don't think he owes you a favour?

The same goes for Asda and TK Maxx. Presumably they wouldn't object to your spending hundreds of pounds at their establishments but expect to be able (via their agent - VCS) to limit the time in which you spend it. Get angry and let these organisations - who purport to survive on the basis of their customer service - that you were a customer and expect some service.

Don't do the usual English thing and meekly accept what is simply a rip-off. No one - least of all VCS or any PPC - has the authority to tuck you up because you failed to comply with an arbitrary rule put in place with a view to emptying yours and others pockets.

jcmusic

HO87... I absolutely agree with you. And believe me, I am angry about this... I'm furious and disgusted by this kind of behaviour. I just don't know how much of a leg I have to stand on without having any receipts to prove my reason for parking there. However, I still intend to make plenty of noise about this but just want to know the right place to direct it.

4consumerrights

How did you pay for your purchases - cash or card?

A redacted bank statement often does the trick - If you often frequent this retail park - then several receipts/statements etc will suffice to show regular customer.

As the parking charge came through the post - did it arrive 14 days after the date of the alleged contravention? Does the Notice to Keeper mention POFA and Keeper liability (VCS are trying dual systems lately).

With regard to the retail park - google the name and try and find owner and or managing agent. - The larger retail parks are often owned by large insurance or investment groups and have managing agents such as Savills or ESH to look after the day to day running and tenancy of shops.

HO87 is absolutely correct - do not appeal "to better nature" - be annoyed and aggrieved that a regular customer of the retail park (like yourself) is being treated in this manner copies to shops, retail managers and landowners if necessary.

Meanwhile you should check the Notice to Keeper/Parking charge for compliance with POFA and appeal to VCS who should then either cancel the charge (slim hope) or issue a POPLA code. All explained in NEWBIE thread. There are plenty of examples of basic appeals by reading other threads - but if you get stuck post up here if you like before sending.

After getting the POPLA code - appeal with our help and get the charge cancelled.

Stroma

Send a soft appeal like this to vcs, don't forget to continue the complaints to the retailers, if you don't have receipts from the day look at other ones from different days, show that you are a frequent shopper there.

Dear VCS,

As the registered keeper of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to you company is denied on the following:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with the BPA Code of Practice
3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass

These points and others will be raised with Popla should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.

If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

Please issue your cancellation within 35 days of this letter, or forward a popla verification code.

Faithfully

Coupon-mad

jcmusic wrote: »

HO87... I absolutely agree with you. And believe me, I am angry about this... I'm furious and disgusted by this kind of behaviour. I just don't know how much of a leg I have to stand on without having any receipts to prove my reason for parking there.

Really? Even though we have all these successes reported since August, many without receipts after complaints by browsing (non purchasing!) customers:

https://forums.moneysavingexpert.com/discussion/4766249

Be assertive. You were browsing in some stores AND you have receipts for others. Of course someone should be cancelling this for a potential repeat customer!

jcmusic wrote: »

However, I still intend to make plenty of noise about this but just want to know the right place to direct it.

As per post #3 in the complaints thread. Tells you to Google the Centre name to find the managing agents, and to contact the Store Managers and CEO of any national chain, and post a facebook complaint to embarrass them publicly.

jcmusic

Thanks for the advice guys. Still unsure how much success I'm gonna have appealing this though when I have no receipts of purchase either for the day I was there or for any previous times I shopped there unfortunately. What to do!!?? What legal grounds do I have to continue fighting this?

Umkomaas

jcmusic wrote: »

Thanks for the advice guys. Still unsure how much success I'm gonna have appealing this though when I have no receipts of purchase either for the day I was there or for any previous times I shopped there unfortunately. What to do!!?? What legal grounds do I have to continue fighting this?

Your legal grounds are only 4 words long (or one acronym).

Here you go - '(1)genuine (2)pre-estimate (3)of (4)loss' or GPEOL.

Please look out for these as you do your research - they are your friend.