Help on sneaky change of retail car park company using cameras

sleepless_in_bournemouth

Dear **** (no POPLA Code Given. What do I do Next?)Have complained to BPA ..


Re parking charge notice *****

Please see below for our pre estimate of loss information.

Breakdown of Loss

We consider the amount on the PCN as a reasonable charge for liquidated damages in respect of a breach of the parking contract and contend that it is not a ‘penalty’ for a number of reasons;

we have calculated this sum as a genuine pre-estimate of our losses as we incur significant costs in managing the parking location to ensure compliance to the stated terms & conditions and to follow up on any breaches of these identified, including but not restricted to the following;


Employment of office-based administrative staff
Membership and other fees requiring payment in order to manage the business effectively including those paid to BPA, DVLA and ICO.
General costs including stationery, postage etc.
Maintenance of equipment.

This sum is well within the recommendations set out within Clause 19 of the BPA Code of Practice.

This Sum, and the calculations which have been made in setting it, has been approved and agreed by the landowner and/or his agent of the site.

This sum is clearly laid out on the signage at the parking location which offers the parking contract to the motorist, and by remaining at the site, we contend that the motorist has accepted all of the prevailing terms & conditions including the charges for breach of contract, and furthermore accepts that they are reasonable.


I am un able to cancel your parking charge notice and request the amount of £50.00 to be paid within 14 days.

Please forward payment too:

Pcn Payments
Po Box 5776
Bournemouth
BH2 5XT

Or telephone our office on 0845 5 555888
Kind regards,

Carlie.

From: ******
Sent: 12 January 2015 16:20
To: parkingcharges
Subject: Fwd: pcn



Begin forwarded message:


From******
Date: 10 January 2015 22:08:15 GMT
To: parkingcharges@britpark.com
Subject: pcn

Dear Sirs

Re: PCN No. .....******.............

I challenge this 'PCN' as keeper of the car, on these main grounds: The driver paid and displayed

a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is a disguised penalty and not commercially justified.
b). As keeper I believe that the signs were not seen, the wording is ambiguous and the predominant purpose of your business model is intended to be a deterrent.
c). There is no evidence that you have any proprietary interest in the land.
d). Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations.
e). There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.
f). This is not a 'parking ticket' - it is an unsolicited invoice with as much merit as the publicly-derided £100 taken unlawfully from customers by a dingy Blackpool Hotel.

Your clients should be thoroughly ashamed of the shoddy way you treat consumers visiting their premises. The landowner will be made fully aware of this matter and your response, which I will forward to their CEO when I complain in writing and via social media, as appropriate.

Parking firms like yours fail to demonstrate even a basic understanding of customer service. The reputation of your business model appears to be more akin to a protection racket than 'parking management'. Your ATA may offer sound-bites about driving up standards or fight for motorists' rights but in reality they are not a regulator; they merely exist to represent the interests of paying members, in order to gain access to DVLA data. The public have no faith in the private parking industry and, as far as I have seen, your firm has not shown itself to be any different than the ex-clampers with whom you share a membership.

The purpose of this communication is:

1. Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. As such, you must either rely on the POFA 2012 or cancel the charge. I suggest you uphold this challenge now or alternatively, send a rejection letter - subject to accepting my claim for costs as clearly stated below, since you have no case.

2. ''Drop hands'' offer
The extravagant 'parking charge' is baseless but I realise that you may have incurred nominal postage costs. Equally, I have incurred costs to date, for researching the law and responding to your junk mail dressed up to impersonate a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15. Therefore, this is a formal“drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days without further expense and I will not pursue you for mycosts. If you persist then I will charge in full for my time at £18 per hour plus my out-of-pocket expenses and damages for harassment.

3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered by you and certainly was not expressly agreed. This 'contract' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - IAS or POPLA, then the contract ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies. The Consumer Contracts (Information, Cancellation & Additional Payments) Regulations apply now to every consumer contract, save for a few exemptions, which parking contracts are not. It is the will of Parliament following the EU Consumer Rights Directive, that express consent is obtained for consumer contracts now - not implied consent - and that information is provided in a durable medium in advance.

You have failed to meet these requirements. The foisting of unexpected contracts like this on consumers, by stealth, is a thing of the past.

By replying to the challenge you are acknowledging receipt and acceptance of points 2 and 3 above. If you decide to persist with this unwarranted threat, I will be put to unnecessary expense and hours of time in appealing or defending this matter. As such, you will be liable for my costs and a pre-estimate of my loss - and in contrast with yours, mine is genuine - is that this sum will be likely to exceed £100.

I have kept proof of submission of this challenge. I look forward to your considered reply within 35 days.

Yours faithfully,
Keeper of reg no *****
______________________________________________________________________
______________________________________________________________________

sleepless_in_bournemouth

Please can anyone help re the above? I sent the newbie standard appeal as advised and the Parking company have repied with a breakdown of their charges!! No advice on POPLA appeal or POPLA code enclosed!!

Dear **** (no POPLA Code Given. What do I do Next?)Have complained to BPA ..


Re parking charge notice *****

Please see below for our pre estimate of loss information.

Breakdown of Loss

We consider the amount on the PCN as a reasonable charge for liquidated damages in respect of a breach of the parking contract and contend that it is not a ‘penalty’ for a number of reasons;

we have calculated this sum as a genuine pre-estimate of our losses as we incur significant costs in managing the parking location to ensure compliance to the stated terms & conditions and to follow up on any breaches of these identified, including but not restricted to the following;


Employment of office-based administrative staff
Membership and other fees requiring payment in order to manage the business effectively including those paid to BPA, DVLA and ICO.
General costs including stationery, postage etc.
Maintenance of equipment.

This sum is well within the recommendations set out within Clause 19 of the BPA Code of Practice.

This Sum, and the calculations which have been made in setting it, has been approved and agreed by the landowner and/or his agent of the site.

This sum is clearly laid out on the signage at the parking location which offers the parking contract to the motorist, and by remaining at the site, we contend that the motorist has accepted all of the prevailing terms & conditions including the charges for breach of contract, and furthermore accepts that they are reasonable.


I am un able to cancel your parking charge notice and request the amount of £50.00 to be paid within 14 days.

Please forward payment too:

Pcn Payments
Po Box 5776

sleepless_in_bournemouth

Sorry to be a pain but be nice ...I am a little newbie and not sure how to proceed as after sending the standard letter after the ntk I got back this reply with no POPLA code or how to appeal .

Re parking charge notice *****

Please see below for our pre estimate of loss information.

Breakdown of Loss

We consider the amount on the PCN as a reasonable charge for liquidated damages in respect of a breach of the parking contract and contend that it is not a ‘penalty’ for a number of reasons;

we have calculated this sum as a genuine pre-estimate of our losses as we incur significant costs in managing the parking location to ensure compliance to the stated terms & conditions and to follow up on any breaches of these identified, including but not restricted to the following;


Employment of office-based administrative staff
Membership and other fees requiring payment in order to manage the business effectively including those paid to BPA, DVLA and ICO.
General costs including stationery, postage etc.
Maintenance of equipment.

This sum is well within the recommendations set out within Clause 19 of the BPA Code of Practice.

This Sum, and the calculations which have been made in setting it, has been approved and agreed by the landowner and/or his agent of the site.

This sum is clearly laid out on the signage at the parking location which offers the parking contract to the motorist, and by remaining at the site, we contend that the motorist has accepted all of the prevailing terms & conditions including the charges for breach of contract, and furthermore accepts that they are reasonable.


I am un able to cancel your parking charge notice and request the amount of £50.00 to be paid within 14 days.

Please forward payment too:

Pcn Payments
Po Box ***** They are BPA member and on the PCN it says" if we reject your appeal we will contact you and give details of POPLA appeals service"

ManxRed

Complaint to BPA Ltd. Failure to comply with the BPA Code of Practice which directs them, in response to an appeal, to either cancel the charge, or reject and provide a POPLA code.

Ralph-y

CC Britannia Parking to let them know that you are reporting them the BPA

Ralph:cool:

sleepless_in_bournemouth

Thank you Ralph And Manx Red I did both of the above and within the
hour came the reply from Britannia!
Dear****

Thank you for your email.

My apologies for **** not supplying you with a POPLA code, they are aware that they need to give you a code. By now means of an excuse we are very busy with a back log of appeals at the moment and can only assume she forgot. I will speak to her and arrange refresher training.

I have investigated why a Parking Charge Notice was issue to you and can confirm that your did break the terms and conditions for using the car park.

You entered at 14:37 and did not purchased a ticket until 14:55, 8 minutes over the 10 minute grace period you have to buy a ticket.

The ticket your purchased was for 3 hours and you can clearly see you were well over your time. The ticket gave you to 17:55 and you left at 18:18, over the 10 minute grace period you also get given to leave the car park after your ticket expires. So as you can see the system is more than fair, with giving you a grace time to purchase a ticket and a grace time to leave.




We have incurred a loss from you contravening the terms and conditions, our actions were valid and well-founded to of issued you a Parking Charge Notice. But in this instance only I am prepared to close the Parking Charge Notice as you were not supplied a POPLA code.

I strongly advise to avoid future Parking Charge Notices that you purchased a ticket long enough to cover your stay; to prevent you from breaking the terms and conditions for using the car park.

Regards
*****
Customer Service Supervisor

Britannia Parking
Britannia House
___________________________________________________________

I want to say Thanks to all the fab people on here who help others in their own time, thank you so much for the advice and support

ManxRed

They didn't have a leg to stand on, and they knew it. They just didn't want POPLA to confirm it to you.