Eurocarpark fine from M&S

Dr_Teeth_2

Hi there,

I'm hoping to get some advice on a parking invoice from last week.
I have spent several hours reading the posts here and am not sure whether to just ignore all the letters that seem likely to drop through my door or whether I need to be more proactive.

We decided to get new sofas in the M&S sale and parked on the 'free' M&S carpark in Colliers Wood. This is a small retail park and the carpark is shared with Sainsburys. We spent nearly 4.5 hrs in M&S choosing a new sofa and 2 armchairs - about an hour of which was completing all the interest free paperwork, spending almost £2000 in the process. We left and thought no more of it until we received the PCN from eurocarparks for an overstay. The limit is 4 hours and we had overstayed by 20 minutes - the number plate being caught on camera on the way in and way out.
I was really annoyed and following some research decided to call the manager of M&S. We spoke on the phone and she said that there was little she could do as the car park was Sainsburys (the PCN listed Sainsburys carpark as the location of the 'offence') but she would contact them and call me back the next day at midday. 2 days later I still haven't heard anything.

We are so busy at the moment, expecting out first baby in a few weeks and in the middle of a house extension. I am really annoyed but at the same time would probably just rather forget the whole thing. If we ignore them will it all just go away? Will my wife be pestered at home by debt collector phone calls or visits?

All the older posts I read seems to suggest just ignoring them but the newer ones were advocating action. Any help would be much appreciated.

Thanks very much.

Redx

suggest you read the NEWBIES - READ THIS FIRST sticky thread, then decide what to do from just that single thread and any hyperlinks from it

then come back with your plan of action

its about the 4th one down from the top of the forum, and especially formulated for all newbies

its also worth using the forum search tool in the green banner (right hand side of it) and search using search words to get similar threads

using the car park details, shops, parking company etc

only look at anything in the last 9 months, preferably the last few months

the consequences of ignoring them is more mither than you can shake a stick at, also more work in the long run too

if the landowner IS sainsburys, then contact them too , asap

pogofish

Read this thread first:

https://forums.moneysavingexpert.com/discussion/4816822

If you are asking about ignoring, then you have wasted your time reading old and outdated threads.

Ignoring has not been advised in England and Wales for a long time now!

Coupon-mad

I sincerely hope they quickly step in for customers who spent over £2K and have been accused of an overstay even though your wife is heavily pregnant!

That's a breach of the Equality Act 2010, here's a complaint to adapt for this purpose (or use these words on the phone to M&S or Sainsburys or in an email to their CEO):

https://forums.moneysavingexpert.com/discussion/4762460 Post #15.

And you simply send a similar rant to ECP as a first appeal (not sure if they accept email appeals, have a look at the letter you got). Get angry about this illegal harassment of paying customers, and Equality Act breach! You could claim damages if they don't drop the charge (damages from whoever contracted ECP!).

But please read the sticky thread for Newbies already linked by pogofish and referred to by Redx, that's the whole point of it being up the top of the forum with capital letters, so Newbies read it first and so we don't have to mop up the same questions every night at silly o'clock like this! We'll help you with any questions along the way but the procedures are explained in the 'Newbies' thread of FAQs advice.

Dr_Teeth_2

Thanks for the replies.

I did read the advice for newbies but then I had read and heard other conflicting advice and I suppose just wanted to confirm action needed to be taken. It does - OK, so here's what I have done so far. After not hearing back from the manager at M&S on Thursday or Friday (as promised) I called today. She's not at work and won't be in again until Monday. Frustrating. I have drafted a letter to post on Monday to her and to the manager of Sainsbury's who apparently own the parking facilities. Shall I just wait to hear back from them at this stage or appeal to euro car parks at the same time? Here's the letter - outraged enough?

PRIVATE AND CONFIDENTIAL
The Manager
Marks and Spencer
xxxxxxxxxxxxx
xxxxxx
xxxxxx



COMPLAINT


Dear Sir/Madam,

I wish to complain directly to you as store manager for the harassment I am recieiving from euro car parks, whom act as agents for your free car park.

My wife and I shopped at your store on 28/12/13 and spent considerable time choosing new sofas and armchairs.

We subsequently purchased a new sofa and 2 new chairs, all of which took considerable time, not least in applying for the M&S loan. In all we spent just short of £2000 (copy of receipts attached).

1 week later we have received an invoice for a parking charge notice from euro car parks for £70 for an apparent overstay of 20 minutes.

I am outraged the M&S will allow it’s paying customers to be extorted in this way. I demand that the PCN be quashed immediately.

I believe I spoke with you on the telephone on Wednesday 8th January, when you told me you would investigate the matter and call me the next day at midday to update me with your progress. To date I have had no response from you which has added to the utter disbelief in how M&S are treating it’s customers.

I trust you will give this matter your full and immediate attention.

Your Faithfully

xxxxxxxx


Thanks again

The_Slithy_Tove

"Dear Madam" surely, as you have said it's a she.
"who act as agents", not "whom"
"its paying customers", not "it's"

Apart from those minor errors, it may be worth threatening to cancel the whole purchase if they refuse to do anything (depending on the nature of the contracts you may have entered into).

Also, use the Equality Act angle with M&S as suggested by C-M. This is primary legislation that THEY could end up in hot water for, even if they claim the car park's nothing to do with them.

Dr_Teeth_2

Update:
The finance and operations manager of the store left a message on my phone this afternoon saying he had spoken to the company concerned and I should hear no more from them. Any problems, I am to contact him.

Relieved it proved to be quite easy in the end. Thanks for the advice.

prosnap

It is always a good idea to ask for it in writing

4consumerrights

Short and sweet - that's the way - agree with Prosnap - better to get confirmation in writing.

Bantex_2

The_Slithy_Tove wrote: »

"Dear Madam" surely, as you have said it's a she.
"who act as agents", not "whom"
"its paying customers", not "it's"

Apart from those minor errors, it may be worth threatening to cancel the whole purchase if they refuse to do anything (depending on the nature of the contracts you may have entered into).

Also, use the Equality Act angle with M&S as suggested by C-M. This is primary legislation that THEY could end up in hot water for, even if they claim the car park's nothing to do with them.

Shameful advice of using the "disability card" when the disability had nothing to do with the overstay. An insult to the people who do suffer due to disabilities and may require extra time.

Coupon-mad

Dr_Teeth wrote: »

Update:
The finance and operations manager of the store left a message on my phone this afternoon saying he had spoken to the company concerned and I should hear no more from them. Any problems, I am to contact him.

Relieved it proved to be quite easy in the end. Thanks for the advice.

Well done! To cover your back, do send a one-liner to the PPC telling them this news and asking for confirmation that the unjustified charge has been cancelled. Your case is similar to this one cancelled by Sainsburys (wonder if it was the same car park?):

https://forums.moneysavingexpert.com/discussion/4835739

Same details, a poster's pregnant wife accused of overstay by ECP. The OP used the Equality Act to insist the charge was cancelled and a previous fake PCN the wife had been duped into paying was effectively refunded too.