How best to appeal?

flyingflea

Hello

The driver had one of these tickets slapped on their car, parked for 30 minutes outside a shop that wasn't open yet (it opens at 7.30am and they parked there 6.30-7am):



This was the sign:



They have received the following letter. It was sent to their previous address even though they wrote to the DVLA to change their address on 30/6/17 but nonetheless they now have the letter.:



Shall I send this appeal?

Dear Sir

Ref ****

I am challenging this parking notice.

The driver was a customer waiting for the shop to open
There is no legitimate interest to penalise drivers that are present for this reason.

The Parking Notice must therefore be cancelled.

Thank You

Yours Faithfully

flyingflea

Anyone? The appeal needs to be submitted today.

Anyone know if i/n the online appeal, should the keeper give them the address they were given by the DVLA or the driver's current address?

Coupon-mad

Shall I send this appeal?

Dear Sir

Ref ****

I am challenging this parking notice.

The driver was a customer waiting for the shop to open
There is no legitimate interest to penalise drivers that are present for this reason.

The Parking Notice must therefore be cancelled.

Thank You

Yours Faithfully

It will do.

The invoice won't be cancelled so makes no odds what you send as long as you do not say who was driving, as explained on pepipoo already. All cases are the same v IPC firms:

https://forums.moneysavingexpert.com/discussion/comment/72890452#Comment_72890452

Search both forums for 'myparkingcharge.co.uk' and you will find this specific rubbish has been covered dozens of times over, time and again replies have been pointlessly chewed over, on both forums. No need for a particular thread on it till court stage - these are all the same and will not be cancelled unless the landowner/retailer tells them to, if you complain.

Umkomaas

How did you get on with your complaint to Topps Tiles?

flyingflea

The keeper has submitted the appeal. They have also emailed the Estates Manager for the store asking if they can cancel the ticket under same grounds of the appeal. They've replied and asked for the following:

a copy of the ticket?
how it came to be issued?
did the driver visit the store on the 28/6/17?

Any advice how best to answer?

Coupon-mad

Answer it honestly, talking about the driver in the third person.

If the driver did not make a purchase, talk about them being a genuine customer, browsing at tiles and most people do several times with a view to shortly making a purchasing decision (mention how much they were thinking of spending on tiles but that this penalty has been such an harassing experience your whole family is alarmed and may never darken their doors again at this rate).

flyingflea

Coupon-mad wrote: »

Answer it honestly, talking about the driver in the third person.

If the driver did not make a purchase, talk about them being a genuine customer, browsing at tiles and most people do several times with a view to shortly making a purchasing decision (mention how much they were thinking of spending on tiles but that this penalty has been such an harassing experience your whole family is alarmed and may never darken their doors again at this rate).

The trouble is the driver was parked 6.30-7am and the store opened at 7.30am

Coupon-mad

Window shopping and checking for the opening times...nothing wrong with that.

Geoff1963

"Parking for Topps Tiles customers only whilst in store"
This states that bona fide customers who are walking from their vehicle to the store, and then back to the vehicle with their purchases ; are in breach of the terms and conditions. I've seen parking conditions which penalise those who leave a "complex" ; but unless this is a drive-through store, it is impossible to comply with the Ts & Cs.
It even prohibits stopping to read the parking sign.

It means that any goods on display in the window, by intending to delay the customers in their walk, would be entrapment ; same for anyone being enticed from the public road to look at items in the window, whether the shop is open for business or not.

The "no return within 1 hour" rule is also suspect. What if a customer : left their umbrella / wallet / family member behind, needed more items, or wanted to return something defective ?

What if someone arrived at 7.29 or 7.25 ; or 7.31 but the key-holder was delayed ?

flyingflea

How's this?

Thank-you for your email. I have attached a copy of the ticket which was later received in the post. As I said, the driver was a customer waiting for the shop to open and was parked whilst the store was still closed. They were a genuine customer, looking to replace their kitchen flooring but they were unable to enter the store when they arrived as the store was still closed.

Quentin

As already advised it won't get it cancelled, but you do need to give them your correct address and ask them to alter their records to prevent any chance of them pursuing you to court some time in the next 6 years and you not knowing they have a ccj against you