Sainsburys Brixton

AJ16

My son got a PCN from ECP this week re an overstay at Sainsburys in Brixton. I know a fair bit about challenging these tickets now as I have had a POPLA appeal underway for two months. At the moment I have advised him to send template type letter to them as below-
"Re: Parking Charge Notice No... issued against vehicle registration number...

" I challenge this 'PCN' as keeper of the car, I believe that it, and the car park operations, do not comply with the British Parking Association code of practice version 6, October 2015. Additionally your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis.

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."

Does this sound ok as a response to Euro? I'm hoping that they realise that they are on shakey ground and will not respond or take matters further.

Thanks

Redx

remove the psesonal details asap

yes use the blue text template , but as this is how these sharks make their money you should never expect them to cancel or to "go away"

the aim is always to get a popla code , because they rarely cancel no matter who they are

that is why a landowner cancellation is best but you have not mentioned him complaining at all

fisherjim

If you don't remove those details now, far from feeling they are on shaky ground they will target you and quote them against you!!!!

They are unlikely to give up anyway if they think they can screw you for their nice little earner.

Get down to the sore and complain bitterly to the store manager also!

AJ16

Thanks I meant to omit the personal info and have done now. No I was just wondering about contacting the store manager as no sure what their relationship with ECP is.

trinidadone

I had a ticket for Macdonolds on Old Kent Road, London for over staying. Like you I typed a similar letter to challenge the invoice. I won, but not through the challenge, but by talking to the store manager. I informed him i was ill through eating at the store. I told him the fine was unjust, the signage was poor. and after back and forth, I mentioned he was being heartless, and i would take to social media and complain to Macdonolds Headquarters. I also told him i eat there alot.

The manager caved in and informed me "on this occassion he would cancel the ticket".

Please, Please, Please go into the store and ask to speak to the store manager right away, he/she has the power to overturn.

The_Deep

Also consider putting the story on their Facebook Page.

beamerguy

trinidadone wrote: »

I informed him i was ill through eating at the store.

GREAT ..... McD has already been exposed for serving mouldy eggs

AJ16

Our appeal result came through yesterday, as expected ECP did not offer any evidence, it's not a surprise as their signage etc fell way short of the BPA code of practice. I'm thinking of launching a counter claim against them now for harassment...

pappa_golf

not harassment., you will have trouble proving that , go down the data protection act , as in they had no valid reason to obtain your info from the DVLA

this is one served earlier http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html

enjoy

Umkomaas

Definitely go with PG's advice. The harassment issue would be extremely difficult - you would have had to have been subject to years of intense pressure and grief to have any viable prospect

But the DPA stuff appears a lot easier and provable - and a suggested minimum of £750 to be claimed from them via the small claims track.

AJ16

Umkomaas wrote: »

Definitely go with PG's advice. The harassment issue would be extremely difficult - you would have had to have been subject to years of intense pressure and grief to have any viable prospect

But the DPA stuff appears a lot easier and provable - and a suggested minimum of £750 to be claimed from them via the small claims track.

Great, Do you think we should start a Small Claims Court case citing both cases where ECP incorrectly issued us with PCNs (both appealed successfully with POPLA), or two separate claims?