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Parking Eye Overstayed at Morrisons - any way to appeal?

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Hi Guys,

I am a driving a Company Car which I can use for my private purposes as well. Car is Owned by ALD Automotive.

On July 2nd I have parked my car at Morrison car park in Swadlincote. The car park, apparently, is "managed" by Parking Eye. They allow 2 hours stay.
Arrival time: 11:48
Departure: 14:36
So I overstayed for 48 minutes.

There is no barrier or ticket machine in the carpark, just few odd signs in some places (one on the entrance I believe, but probably no one reads them upon arriving the car park due to car load).

ALD has received the letter with PCN on 12th of July. They have responded and named MY COMPANY (as I understand), not me, as to who they should send the PCN as WE are using the car.
As I understood, my company is still waiting for the PCN addressed to it and then they'll forward it to me.
ALD has sent us a copy of PCN issued for them, as they say - "it's a heads up".
I am technically on Holiday at the moment and was informed about such PCN a week ago.

PCN is for £85 with "discount" to £50 if paid within 14 days of PCN...
I am planning to appeal it, as I believe that 50 (or 85) pounds for 48 minutes is a bit too harsh. also, I would be more than happy to pay for every hour I stay in the car park if such option was there...

now, the problem is, I do not have a legit proof that I was a genuine buyer in the store. I do not hold any receipts (well at least I do not accumulate receipts from groceries) and it looks like I paid cash.

Having this in mind, do I have any chance to appeal it?

Appeal text:
Date


Dear Sirs

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

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

I am planning to use this text on Parking Eye online appeal form only WHEN I (or my company???) will receive the PCN addressed to me (or my company).

Is this correct or is there anything I should do differently?? Can I expect winning it?
I own an EV. AMA
«13

Comments

  • Umkomaas
    Umkomaas Posts: 43,383 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You will get this immediately cancelled if you contact the CEO of Morrisons. Do a forum search on 'Morrisons ParkingEye' and fire off a self-penned complaint (no templates) to the 'no-reply' email addy (it does work).

    Seems that M's have regretted contracting with PE and are cancelling tickets like confetti. If you've got receipts or bank/cc statements or Match& More card number supporting the fact you are a regular customer, that will add even more weight to your complaint to the CEO.

    M's can ill-afford customer leakage when they're bumping along the bottom of the supermarket profits league table.

    Do the above in parallel with your appeal to PE, NOT instead!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • yessuz
    yessuz Posts: 259 Forumite
    Seventh Anniversary 100 Posts Name Dropper Combo Breaker
    well,

    that's the problem. I do not have any real proof that I purchased anything that day :(

    I will try to go to Morrisons itself tomorrow and talk to manager. If this will not help, I think I will write to CEO.

    any other tips? for example - any best thread regarding this to read, as there are tonnes of similar and I feel kind of sinking in... :D
    I own an EV. AMA
  • Umkomaas
    Umkomaas Posts: 43,383 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    yessuz wrote: »
    well,

    that's the problem. I do not have any real proof that I purchased anything that day :(

    I will try to go to Morrisons itself tomorrow and talk to manager. If this will not help, I think I will write to CEO.

    any other tips? for example - any best thread regarding this to read, as there are tonnes of similar and I feel kind of sinking in... :D

    They will cancel - just tell them that you and your family use the store, don't touch on receipts ** etc - we've not seen any appeal to the CEO yet fail.

    I'm not sure that visiting the store will achieve much, the successes we've seen (from memory) have all been at CEO level.

    'Best threads' are any relating to Morrisons. Try searching on 'Morrisons cancelled charge' or similar search terms. No need to look at other PPC threads at this stage.

    ** Do you have any previous receipts or bank/cc statements - they will do?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • yessuz
    yessuz Posts: 259 Forumite
    Seventh Anniversary 100 Posts Name Dropper Combo Breaker
    yes, I do have some previous proofs of purchase from Morrisons in my card statements (not necessary this particular store).

    Having in mind the CEO - there is this:
    CEO Dalton Philips: david.potts@morrisonsplc.co.uk
    and copy in: Stacey.Elsworth@morrisonsplc.co.uk

    So, who is the CEO - David Potts or Dalton Philips.
    also - are these email addresses correct ones?
    I own an EV. AMA
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    edited 1 August 2016 at 11:17PM
    http://www.!!!!!!!!!!!!!/index-search.php




    MSE have blocked a site !!




    type ceo lookup into google


    the one you want is ceo............... .........mail without the dots / gaps
    Save a Rachael

    buy a share in crapita
  • Umkomaas
    Umkomaas Posts: 43,383 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    This is the email address to use:

    donotreply@morrisonsplc.co.uk

    Try Google for the current CEO or phone your local store. We (half a dozen regulars) are dealing with hundreds of different cases, with dozens of different parking operators at a myriad of different locations. It's unrealistic to expect immediate answers to random questions that can clearly be determined with a very basic bit of research of your own.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • yessuz
    yessuz Posts: 259 Forumite
    Seventh Anniversary 100 Posts Name Dropper Combo Breaker
    well, ok, it's Mr Potts.

    now, the last question:
    should I send it now (I have the PCN ref no.) or should I wait until it is addressed to me/my company, not the ALD?

    Thanks!
    I own an EV. AMA
  • Quentin
    Quentin Posts: 40,405 Forumite
    Yes do it now!


    Continue with your appeal (as per the newbies thread)


    Don't stop until you get confirmation from PE that its cancelled
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    it hasnt been dalton philips for quite some time
  • yessuz
    yessuz Posts: 259 Forumite
    Seventh Anniversary 100 Posts Name Dropper Combo Breaker
    on the appeal form, there are few options to chose of my status:

    Driver
    Registered Keeper
    Driver and Registered Keeper
    Hirer/Lesser
    None of the Above


    As I understand, I should NOT SELECT the "Driver" options, and since I drive the company car (I am employee of the company, but my name is not in DVLA as the Registered Keeper) - which option should I choose? Is it the "None of the above"?
    I own an EV. AMA
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