LBCCC from PE - at Tesco store

parcaal

I have visited the Tesco in question and the team leader has been quite unhelpful.

What I found out is Tesco property and car park have separate landowners - hence he cannot provide detail of the landlord. He confirmed though the Tesco staff reports their number plates to PE not to get ticketed - in my view clear relationship between the car park and the Tesco.

Also had a look at the signage:
- 1st (at the car park that is meant not to be Tesco's property" : "Hello | We are open Mon- Sun | 7am - 11pm" - clearly not stating Tesco's name, but Papa John's working hours don't match, only Tesco's do - misleading this is a Tesco car park.
- 2nd (still at car park) "20 Min max stay | For use by customers only | This car park is private property, see signage in car park for terms and conditions" - if car park is private and property is separate, how could you be customer of the car park if it is free for 20 min? Again customers only suggests (or misleading) this is Tesco car park.
- 3rd - (still at car park, a few of them actually) - "Customer only car park | 20 min max stay | £100" and the sign has terms and conditions. I can share a picture, just not seem to be able to do it here.

Since Tesco team leader was not very helpful, I plan to re-write the complaint above adding about keeper being a customer at the same Tesco branch. I will post a second version shortly.

parcaal

Dear ParkingEye Legal Department,

Re - your Letter Before County Court Claim re PCN: XXXXXXXXXX

This is a formal response to your 'Letter before County Court Action' as the keeper of the vehicle in question. The driver's identity will not be supplied to you. There is no dispute that the driver was entitled to drive the car and I can confirm that they were. As the keeper of the vehicle, it is my right to choose not to name the driver.

In your 'Letter before County Court Action' you have clearly failed to take into consideration and comply with Clause 13 “Grace Periods” of the British Parking Association’s Code of Practice:

13 Grace periods
13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice.
13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.
13.3 You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is.
13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action.

*(newly added) In addition, I will be able to provide a bank statement confirming purchase made at the Tesco store (will provide branch name) immediately next to the car park proving I have been a customer of the retailer on the same date as the PCN. (should I add anything around complaining formally with Tesco?)

Should you seek to proceed with the court claim, my arguments above will form one part of any defence that is required should an MCOL be issued.

I expect you to now cancel this 'parking charge' and admit your non-compliance with the British Parking Association’s Code of Practice.

I expect to hear from you within 14 days to confirm that the charge is cancelled.

Yours faithfully,

(My name)

(Address)

---

Would appreciate if you could share ideas today and tomorrow and I will email PE tomorrow.

Umkomaas

Since Tesco team leader was not very helpful, I plan to re-write the complaint above adding about keeper being a customer at the same Tesco branch. I will post a second version shortly.

If you have receipts/bank/cc statements for the day in question, and/or others showing regular patronage, enclose copies with your letter of complaint. Also, if you have a Tesco Club (loyalty) Card, use the reference numbers from that to add further weight to your complaint.

beamerguy

parcaal wrote: »

Dear ParkingEye Legal Department,

Re - your Letter Before County Court Claim re PCN: XXXXXXXXXX

This is a formal response to your 'Letter before County Court Action' as the keeper of the vehicle in question. The driver's identity will not be supplied to you. There is no dispute that the driver was entitled to drive the car and I can confirm that they were. As the keeper of the vehicle, it is my right to choose not to name the driver.

In your 'Letter before County Court Action' you have clearly failed to take into consideration and comply with Clause 13 “Grace Periods” of the British Parking Association’s Code of Practice:

13 Grace periods
13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice.
13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.
13.3 You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is.
13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action.

*(newly added) In addition, I will be able to provide a bank statement confirming purchase made at the Tesco store (will provide branch name) immediately next to the car park proving I have been a customer of the retailer on the same date as the PCN. (should I add anything around complaining formally with Tesco?)

Should you seek to proceed with the court claim, my arguments above will form one part of any defence that is required should an MCOL be issued.

I expect you to now cancel this 'parking charge' and admit your non-compliance with the British Parking Association’s Code of Practice.

I expect to hear from you within 14 days to confirm that the charge is cancelled.

Yours faithfully,

(My name)

(Address)

---

Would appreciate if you could share ideas today and tomorrow and I will email PE tomorrow.

The team leaders at Tesco are just shelf packers with no sense

email your complaint to Tesco requesting cancellation
as you are a customer

ceo.customerservice@tesco.co.uk

Coupon-mad

Question - is it worth it posting the letter as well and holding a receipt of sending it?

No.

Use the enforcement email and get into some email tennis with ParkingEye.

Already said, NO-ONE writes to ParkingEye by post, unless they are quite mad.

Tesco cannot cancel this one; it isn't their contract.

What happened when you complained to the overall landowner (Google the Retail Park name, look for news articles and also, adverts about units for sale, every retail park yields results/email address of the agents who run the place). They have the contract with PE.

Guys_Dad

So you are going to use the defence of not naming driver in your PE appeal but adding that you have a bank statement showing that you used TESCO.

Is the bit about the bank statement really helpful in this context if you may want to fall back on POFA ?

parcaal

Guys Dad, yes, technically the driver and the purchaser can be different people, I choose not to disclose who the driver was.

I have just sent the email and will keep you updated when I have news.

I will spend some time investigating who the park owner is later today and will issue complaint to them as well.

parcaal

Quick question - I have done some research on the council website and noted there was no planning application for the signage added recently. does PE need to request planning permission for getting the signage up? Might be super silly question, but I am not very close to the construction law etc..

Umkomaas

For signage they need Advertising Consent. It is a criminal offence not to have it. PE know what t yet chance their arm because no council (apart from one in the Lake District) has pursued them.

It's not going to be a showstopper for you.

Redx

the LAND REGISTRY website can tell you who the landholder is (for a small charge)

they even wrote a post in another thread on here quite recently and gave some useful information