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Not parked wholly within bay: Tesco

Hi there

I've been going this alone for a while and thought I best get some advice to ensure I don't get myself in too much trouble, any help is appreciated :)

I had a PCN issued to my car on 26th March 2017 which was parked next to some barriers that had been erected in a free Tesco car park.
The barriers were there for no apparent reason and the photo's they took show this a little. The bays themselves were not really bays as the barriers stopped any car parking in them correctly but I parked across the front of the barriers thinking I'm causing no harm or danger or blockage.
I appealed to Park Watch which refused it and I missed the deadline for POPLA. I received the first letter from DRP advising I need to now pay the £160 by 14th June or they would recommend their client to take me to court. I phoned them and advised I'm not paying it as the charge was excessive and said I didn't agree to the contract and refuse there invoice.
DRP then contact me via text asking to contact them, (harassment?) I did so advising I spoke to someone the previous day and they apologised.
DRP have now sent me another letter advising I need to pay £160 by 26th June.

Am I right in thinking that Park watch have passed the debt over to DRP for them to collect it from me? If so, is there a link back to park watch? I'm also considering just ignoring the letters and seeing if they do take me to court.
What about sending the below email to DRP, I'm not sure.

"Ref: Your letter dated 14th June 2017
Dear sirs. I would like to engage with one person who is responsible and can make the decision to drop the money you say I owe due the PCN that was issued to the said vehicle on 26th March 2017.
You advise that I am late to challenge the charge but you also have set demands previously (Pay £160 by 14th June) which has been moved (Pay £160 by 28th June) so it seems you can change dates when actions need to be completed by.
Please advise who the independent adjudicator is, with full contact details, so I can appeal to them.
Your sincerely
Rob Cox"

I'm happy for it to go to court as long as I don't incur to much costs as I hate bullies. I think I have a good case on the definition of the words parking bay indicates a whole car has to fit in it. It's Park watch's "sole responsibility to provide space maximisation" (signage) which the photo's prove they have not.

Please let me know your thoughts on all the above and what you think is the best way to proceed.

Thanks
Rob :D

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    Drp are debt collectors.

    You should ignore debt collectors
  • I love it when it's nice and easy like that, thanks Quentin.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Rob, it's been said 1000's of times ....

    IGNORE DRP ... DON'T PAY THEM, DON'T CONTACT THEM

    DRP are one of the useless companies in the UK

    If you are a Tesco's customer, contact the TESCO CEO, saying that you are being harassed by debt collectors for simply shopping at Tesco.
    Request that Tesco's cancel the charge so you can continue spending money with them
  • Quentin
    Quentin Posts: 40,405 Forumite
    Come back and check the newbies FAQ thread for advice on dealing with a court claim should you get any real Court correspondence or letter before court action from the ppc
  • Email sent ;)
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Noto_PCN's wrote: »
    The barriers were there for no apparent reason and the photo's they took show this a little. The bays themselves were not really bays as the barriers stopped any car parking in them correctly but I parked across the front of the barriers thinking I'm causing no harm or danger or blockage.

    I hate these scamming PPC's as much as anyone but; it really is worth noting that when a private landholder invites you to park on their property, they do have the right to decide where you can and can't park.

    Maybe the barriers were to allow a contractor to start work later that day or what ever only they would know.

    Flouting their wishes is exactly why they think they need to engage a PPC.
  • I see your point and it does make sense but Park Watch are solely responsible to maximise the area and by offering no signage on or in the close proximity of the barriers advising whether I can or cannot park there gives me a case I think, do you agree?
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 19 June 2017 at 5:51PM
    Noto_PCN's wrote: »
    I see your point and it does make sense but Park Watch are solely responsible to maximise the area and by offering no signage on or in the close proximity of the barriers advising whether I can or cannot park there gives me a case I think, do you agree?

    Of course, it's just that when you see so many people caught out (and lets be honest that's what makes PPC's profitable) it makes you very careful where you park, unless you like a good fight :D
  • Umkomaas
    Umkomaas Posts: 43,807 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Park Watch and Tesco don't fit. Highview is Tesco's preferred parking-monger. I suspect a MA will have engaged PW. See how your complaint to Tesco goes, but don't be surprised if you get a 'nothing to do with us' reply.

    PW try the occasional court case, but they've petered out with a solid defence (which we help with, if it gets that far).
    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
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Stop responding to DRPLus:

    https://forums.moneysavingexpert.com/discussion/5035663

    Come back if the PPC try a small claim.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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