Parking Charge Notice, manager of store says to call up and explain. What to do?

willekim

Hello,
I have read the FAQ's and tried to read other threads on this, but I hold my hands up and admit I'm being a little bit useless.
I received a PCN through the post today asking me to pay £100 in 28 days or £60 if I pay in 14, as the driver overstayed in a Costa Coffee past their limit by 38 minutes. I spoke to the manager in the store and she said it is fine as the driver was in the coffee shop the whole time, but she can't access the computer at the minute as it's broken to be able to overturn it. She mentioned that I should call up and explain the situation to them on the phone, and that she wants to cancel it for us but can't.

I don't really want to do that and discuss who was driving, but also incase they don't believe me or just flat out refuse.

I've seen the template on the FAQ, and it mentions not to admit driving the vehicle, but hasn't the law changed now and it doesn't matter who was driving, as if they can't determine then the find just falls on the registered keeper?
It also says to explain the allegation clearly, but it already did on my letter, as it's just a straight forward: I stayed in the car park longer than I should.

The driver didn't actually see any signs as they entered the car park, but have seen them now they've driven back to have a look.

Any help as to what I should do now would be helpful, i've considered just paying the £60.

Redx

never, NEVER phone a parking company up

never explain the circumstances

that manager should never have told you to do this, it is their job and they should be doing it in order to stop a customer from being sc@mmed, they should not be expecting you to do it and possibly incriminate yourself

if they cannot do it today, they do it tomorrow, or wednesday

if they have stuck to POFA2012 then it does not matter who was driving as they can hold a keeper to liability, that has been the case for 6 years, when POFA2012 came in, so the law changed 6 years ago, if they stick to it

the DRIVER may well have overstayed, but this letter is to the KEEPER, so edit your post above

the DRIVER may not have seen the signs

no "MY , ME , MYSELF & I" to be used in what you write, not on here , not to the PPC when appealing - use the correct terminology, no blabbing

you should get back onto that manager and insist that they cancel it as their company employed the parking par@sites

if they have not cancelled by day 25 following this pcn, use the blue text template and appeal it

which PPC was it ?

beamerguy

Who is the parking company ????

The manager has said she could cancel it but the computer
is broken ?????

Go back, keep her to her word when the computer
is working. They cannot operate without a computer
so tomorrow would be a good time and if the computer
is still not working, report this to the COSTA MD
as he would like to know what his staff are saying and
the computer not working

Mr Dominic Paul Managing Director

Email dominic.paul@whitbread.co.uk

willekim

Hello,
Thanks for your replies. The manager said she can try and cancel using the PCN number but it doesn't always work, sometimes they'll cancel it but other times they won't. She said she can't do it now anyway as the computer is broken and she doesn't have access to any computer at the moment. My wife asked when she would, and she said she didn't know.

The PCN is by Civil Enforcement Ltd. They have taken a picture of the car entering and leaving the car parl.

beamerguy

willekim wrote: »

Hello,
Thanks for your replies. The manager said she can try and cancel using the PCN number but it doesn't always work, sometimes they'll cancel it but other times they won't. She said she can't do it now anyway as the computer is broken and she doesn't have access to any computer at the moment. My wife asked when she would, and she said she didn't know.

The PCN is by Civil Enforcement Ltd. They have taken a picture of the car entering and leaving the car parl.

CEL, it figures, scammers known around the UK
and the courts

It really is Managing Director time because it sounds like
this manager is telling porkies

willekim

So do I just email the Managing Director and say that the manager has said she is unable to overturn the parking charge because the computers are down?

Should I not be just trying to fight it directly with CEL? And if so do I just use the template word for word what's in the FAQ?

Thanks again

twhitehousescat

persist via costa , get THEM to get it cancelled , go back , go back again untill they are fed up of you , then keep going back

beamerguy

willekim wrote: »

So do I just email the Managing Director and say that the manager has said she is unable to overturn the parking charge because the computers are down?

Should I not be just trying to fight it directly with CEL? And if so do I just use the template word for word what's in the FAQ?

Thanks again

Wait to see what the MD says.

CEL are muppets so little pont engaging with them at present

Umkomaas

Send CEL the one size fits all template from the NEWBIES FAQ sticky, post #1 - no additions or edits, use as is, and in the majority of cases CEL will cancel as they know you now have forum assistance - and they know they cannot beat the forum.

Do this in parallel with your continued application of pressure directed at the manager/MD.

willekim

Ok, perfect. I've emailed the DM, so i'll send this now too. Exactly how it is below? Including the bit i've put in bold?

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement. There will be no admissions as to who was driving and no assumptions can be drawn.

Since your PCN is a vague template, I require all photos taken, a clear image of the signage and an explanation of the allegation (e.g. if you have identified a wrong VRN input at a machine, say so, and explain why your Data Protection Officer has not simply rectified it, rather than trying to punish a driver for a matter where there is nothing to deter).

I will be making a formal complaint about your predatory conduct to your client landowner and to my MP, appraising all parties of the debate where Parliament agreed: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''. Firms of your ilk were unanimously condemned as operating an 'outrageous scam' (Hansard 2.2.18). The BPA & IPC were heavily criticised; hardly surprising for an industry where so-called AOS members admit to letting victims 'futilely go through the motions' of appeal and that 'we make it up most of the time' (BBC Watchdog).

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service.
Yours faithfully,

Thanks again for your help.

Umkomaas

Exactly how it is below? Including the bit i've put in bold?

If that's included in the up to date template, then I think 'as is' should be taken as meaning 'as is'.