Acton Morrisons Sunday parking - charged for overstay including time of free parking

Stone_Free

My local Morrisons has free parking after 4pm on Sundays. So I assumed that any stay longer than 2 hrs, that covers less than 2 hrs before 4pm would be OK.

That was on the 11th of May, the letter was sent 16th May, arriving 21st may. The delay in receiving the PCN means that I have unwittingly performed the same infraction the following week.

I've stupidly payed up the £60, however there is the likely possibility of another.

Is it likely that I could get any 2nd PCN waived? The charges seem excessive seeing as there is no way to pay a parking fee to extend past 2 hrs, and as I've previously stated I only stayed 1:28 before free parking supposedly kicks in.

Is it worth contacting Morrisons, about either incident?

The PCN came from ParkingEye a BPA member

Dee140157

I would most definitely contact Morrison's to complain if you were a customer and ask them to get any new PCN cancelled. And complain about the one you paid.

I would also complain to head office about the one you mistakenly paid.

In the meanwhile wait to receive the second notice to keeper and use template in NEWBIES thread quoting all points to appealing. You can add your own point about the fact that you did not break the conditions of the free time.

This wil undoubtedly be rejected, but you will the appeal to POPLA and win.

Whether you can appeal to Parking Eye for the first PCN to get your money back, I don't know. Someone else may have some ideas here. You certainly would stand more chance if you win the second appeal at POPLA for the same reason. But I suspect thus would be a much harder fight.

See what others suggest on this.

Stone_Free

As I said last time I repeated my mistake the following week because at that time I had not received any parking fine or window ticket, and did not know that they would be so petty as to also count the time in which the store was not open.

If I make my complaint, how much detail do you include in the initial appeal?

This what I have so far:

Dear Parking Eye,

As the registered keeper of Lnnn XXX I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke

your appeals process as all liability to your company is denied on the following:

1) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass
2) The car was not parked for more than 2 hours of the store being open, and so the penalty for not moving the car a couple of hundred meters out of the car park and then back in again to fully comply to the letter of the rules is unduly onerous
3) The fact that you are issuing a parking charge for infraction of the Sunday parking rules, and yet there is a delay of 9 days before the parking charges are delivered and the lack of a window ticket makes it possible for a driver to repeat this minor infraction of the rules, because they are unaware that you also count time during which the store is closed towards a parking infraction if arrival was before this point, and therefore the infraction can be committed again before the driver becomes informed of this fact.
4) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner

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 online appeal, or forward a popla verification code.

Faithfully

Is it OK to use their form rather than the post? Should any points be held back for the POPLA appeal?

Am I right that they freeze the 14 days from invoice charge escalation of £40

Also is parkingticketappeals DOT org DOT uk legitimate and do they indeed pay the fine if they lose to Parking Eye if you have paid the money for their services?

Redx

the template letter in the NEWBIES sticky thread is sufficient for the first appeal to any PPC including PE , within the first 28 days after the pcn has been issued , stick with that appeal and not the one you have put above

the 14 day rule is statutory as a part of POFA 2010 so its pointless arguing about it

ideally you submit "as is" online or by post with free proof of posting at the P.O.

the popla appeal is much longer and contains many legal points and arguments , so is much more detailed anyway, nothing like the template letter

http://www.parkingticketappeals.org.uk/ is safe and run by a couple of long term members on here, their website tells you the terms and conditions of the services they provide

they do not pay any FINES at all , as no fines are ever issued by anybody to anybody, you actually mean the parking charge invoices (only a court of law or a judge can "fine" you )

you also have not mentioned contacting morrissons to get the charges cancelled , nor their replies either , despite being prompted to do so

Stone_Free

I've just noticed that the 14 day period in which to pay the PCN to avoid an extra £40 does not allow for the ridiculously long time it takes for the letter to arrive. The PCN arrived 5 days after the date of issue, and this is consistent with the previous PCN.

So that makes it only 9 days before rising £40.

The wording in the big black scary box is ambiguous in that the date listed is the end of the 14 days. "within 14 days of the date issued: xx/xx/2014"

Which is really the pay by date

Stroma

Morrisons don't usually use parking eye as cp plus usually haunt their car parks, is this part of a retail park by any chance ? Because you can make complaints to the landowner as well.

Stone_Free

Sorry, didn't realise you would reply so quickly.

I went to Morrisons for the previous one, and they refused to do anything about it they said that because it wouldn't take the amount of time parked to buy the shopping that I bought so they would not be doing anything. He didn't have any sympathy for the fact that the shop was open for less than 2 hours of the parking.

. I do not have any receipts to give them.

Stone_Free

Stroma wrote: »

Morrisons don't usually use parking eye as cp plus usually haunt their car parks, is this part of a retail park by any chance ? Because you can make complaints to the landowner as well.

Definitely Parking Eye, not its not a retail park just Morrisons parking

Redx

Stone_Free wrote: »

I've just noticed that the 14 day period in which to pay the PCN to avoid an extra £40 does not allow for the ridiculously long time it takes for the letter to arrive. The PCN arrived 5 days after the date of issue, and this is consistent with the previous PCN.

So that makes it only 9 days before rising £40.

The wording in the big black scary box is ambiguous in that the date listed is the end of the 14 days. "within 14 days of the date issued: xx/xx/2014"

Which is really the pay by date

all irrelevant when you win at popla or when morrissons cancel it , or both

these companies are not on "your side" and the vary nature of their business is for people like you to fall foul of their "rules" and then they find all kinds of ways to extort money from the RK or driver , and as much money as they can , so they have no reason to make it easy for you at all as there is no profit in that course of action

but as I said earlier , its pointless complaining about a postal pcn taking up to 14 days as its set in stone in POFA 2012 , whereas a windscreen ticket allows them up to 56 days under POFA 2012

if you want the laws changed or added to , lobby your mp , but it wont help your case here

get the appeal in , then complain to morrissons or the landowner about both tickets , dont dwell on the unfairness of it all and lose sight of the ball, we all know its unfair which is why we help out on here

Stone_Free

Redx wrote: »

parkingticketappeals is safe and run by a couple of long term members on here, their website tells you the terms and conditions of the services they provide

they do not pay any FINES at all , as no fines are ever issued by anybody to anybody, you actually mean the parking charge invoices (only a court of law or a judge can "fine" you )

you also have not mentioned contacting morrissons to get the charges cancelled , nor their replies either , despite being prompted to do so

Yeah, although it feels far more like a fine seeing as it is so onerous.

I spoke to Morrisons but because I didn't have any receipts and that the parking time was far longer than the shopping time, that they wouldn't refund it.

So do parkingticketappeals ever end up paying the invoice, and I presume I won't have to even though I am the registered keeper.

Stroma

You spoke to the wrong person at Morrisons , go for the store manager only not the customer service people at the desk or an assistant manager. If you get no joy from them then complain to the Morrisons head office via email.

If you don't have receipts of spend don't worry, if you got debit card with spend over a period show a redacted bank statement. Say you spent cash on the day and did not keep receipts for a grocery spend as you didn't expect to have to prove a spend after almost a fortnight later by an unregulated third party company.

Ask them why should you have to justify to such a company, you shopped at Morrisons not some company who you have never heard of before, and certainly you don't expect to be harassed by their agents for simply shopping!