St oswald retail park gloucester

Kbuf

Hi
I am new to this forum and am after any advice on the following please.

I often use the St Oswalds retail park in Gloucester on more than one occasion during the same day. I have just received a parking charge claiming that I was parked all day with images showing me entering in the morning and exiting in the eve . What they fail to show is when I left in the morning and came back again in the evening.
I was at a customers premises most of the day and they will confirm this , and also the notice was sent 25th Feb for an alleged offence on the 29th Jan.

I am going to appeal and would like to know the following
1. Should I ask my customer for written evidence to sent with the appeal or just state their details and the fact that they will confirm I was there.
2. I believe this notice should of been sent to me within 14 days of the day after the alleged offence , is this correct.

Oh and I have started complaining to the shops that I was using on the retail park.
Thanks for any help

Half_way

By I, do you mean the Driver, who may not have been yourself on that particular date?

By They, who are the "they" who issued the ticket?

Half_way

And it appears to be another Hammersons property http://www.hammerson.com/property/retail-parks/st-oswalds-retail-park-gloucester/

Complain to the landowner, state you made two visits on one day and their agents ( the parking company's) equipment is clearly defective, and as such you expect the landowner to instruct their agents to cancel the charge with immediate effect, as you are not prepared to waste your time in dealing their hte landowners lack of due diligence in allowing a company such as the PPC to operate on their land.

Kbuf

Hi



Thanks

Edna_Basher

Hi Kbuf

Everything Parking Limited are a BPA member and are easy to beat so long as you follow the advice from this forum.

By failing to comply with Protection of Freedoms Act 2012 ("POFA"), they have now limited the scope of their claim only to the driver; however, you have no obligation to tell them who the driver was.

Their non-compliance with POFA will be a sure-fire winner as long as you give them no clues as to who was driving. You appeal should be made in your capacity as the vehicle's keeper with reference to the driver being made in the third person (e.g. "the driver parked" not "I parked").

Check out the information in the NEWBIES thread for the standard template response.

Half_way

Fortunately your username is pretty ambiguous, however you missed the point in that you should never give any clues as to who the driver was, no I he she or anything else.

Read the newbies thread, be careful not to identify the driver, and complain to the landowner

Kbuf

Hi
Thanks for the replies but just to clarify .
Appeal without identifying the driver. state their non comliance with POFA and give reasons as to why the charge notice is wrong ie the driver used the retail park twice in that day .
Also complain to the land owner .
Thanks

Half_way

Assuming they havent complied with POFA schedule 4:

Dear parking company, Re Speculative invoice, PCN Number #### for vehicle registration number ### As registered keeper of that vehicle, I am declining your invitation to pay £x, from what I understand the vehicle made two trips to the retail park on that day, however as your notice to keeper has failed to comply with the strict requirements as laid out in Schedule 4 of the Protection of freedoms act I am under no obligation to name the driver. I am also fully aware of the Barry Beavis vs Parking eye case which was held at the Supreme court and the circumstances in which this judgement may, or may not apply.
As a result you must now cancel this so called parking charge notice, as i do not wish to waste any more time in dealing with your incompetence, if you wish to pursue this matter then i will have no other option than to consider charging either yourselves (as agents) and/or the landowner ( as principal) for wasting my time ( at up to £19 per hour or part thereof plus any other additional reasonable costs that I may incur)
As a Gesture of Goodwill, I am prepared to forgo any costs/expenses that I have incurred so far as a result of your incompetence associated with this parking charge notice, on the condition that you cancel this charge with immediate effect.
I would also Appreciate a full apology from yourselves over this and re assurances that it will never happen again and you can improve your overall behavior and attitude.
I look forward to hearing from you in the next few days,
Kbuf, Registered keeper of vehicle reg #### ( do not sign anything if using snail mail)

Guys_Dad

Just a couple of things,

1. Do you know why they failed to follow POFA and made keeper liability invalid? If so, put the reason in the appeal or if you don't come back here and we will tell you why.

2. YES to your question about getting your customer to confirm in writing that you were on their premises. But don't send that - just keep it as a fall back in case things go to court.

And, lastly, accuse them of double dipping on their ANPR equipment and ask them to re-examine the footage at the time you first left and second time you arrived.

Kbuf

Thanks everyone for the help and advise I really appreciate you using your time to help.
As an update I have had a moan at one of the retailers who I use regularly on this retail park and their duty manager has emailed the parking company asking them to cancel the parking notice and then advise me that it has been done , nice chap .
I will wait for a response but at the same time keep an eye on the appeals time frame.
Thanks again for your advise and I will post an update if I get anywhere.

Coupon-mad

Kbuf wrote: »

Hi
Thanks for the replies but just to clarify .
Appeal without identifying the driver. state their non comliance with POFA and give reasons as to why the charge notice is wrong ie the driver used the retail park twice in that day .
Also complain to the land owner .
Thanks

Please edit your post #4 for obvious reasons, just in case you need to proceed to POPLA appeal as keeper!