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Park Watch PCN Retail Park Chiquitos Coventry - Advice

Hi - hopefully someone on this forum can provide some advice?

Yesterday evening a windscreen PCN has been received for parking outside Chiquitos at Coventry Arena for not parking wholly in a marked bay. There was zero parking available so the vehicle was parked safely where there were no yellow lines. There were other cars parked mounting the curb, on yellow lines.

The supervisor at Chiquitos said nothing could be done although there may be someone to speak to inside the large Tesco on site. There was not. A receipt was obtained.

Reading this site it advises complaining to the retailer (Chiquitos) quickly and assertively which has been done. Should Arena Coventry also be complained to? The PCN is from Park Watch who are a BPA Member.

1. With your experience and guidance can this PCN be cancelled (can the fine be avoided)?
2. This site advises waiting 3 weeks before appealing. The PCN states that if appeal not received within 14 days the fine increases to 100 pounds, is it better to appeal within 14 days?

Thanks in advance for your time on helping.
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Comments

  • MistyZ
    MistyZ Posts: 1,820 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Complain to the CEO of Chiiquitos by email. It should be easy enough to find out who that is. And to Arena Coventry. That needs to be done straight away but you can also send the appeal template (in blue text on Newbies' thread) as well, without waiting.

    The key thing is to do the landowner complaint before POPLA appeal time, so you have time to try every possible complaint route. Be assertive in your insistence on cancellation, but polite too.
  • Umkomaas
    Umkomaas Posts: 43,509 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Reading this site it advises complaining to the retailer (Chiquitos) quickly and assertively which has been done. Should Arena Coventry also be complained to? The PCN is from Park Watch who are a BPA Member.
    More than likely Coventry Arena, or their managing agent), do some digging as to who they are. You've got time before the initial appeal to the PPC to get this done.
    1. With your experience and guidance can this PCN be cancelled (can the fine be avoided)?
    Never by the PPC, good possibility with POPLA if the MA/retailer complaint fails. It is not a 'fine'.
    2. This site advises waiting 3 weeks before appealing. The PCN states that if appeal not received within 14 days the fine increases to 100 pounds, is it better to appeal within 14 days?
    Are you expecting us to tell you that of course you're correct and the NEWBIES FAQ sticky is wrong in this respect?

    It is not a 'fine'.
    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
  • Half_way
    Half_way Posts: 7,493 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    the so called increase is nothing more than a presure tactic, its purpose os to get people to make a rash decision, such as paying the thing, or make some serious blunders.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • mexicanfan
    mexicanfan Posts: 12 Forumite
    Complain to the CEO of Chiiquitos by email. It should be easy enough to find out who that is. And to Arena Coventry.

    If I do the above and by submitting my name and email address does this in anyway admit who the driver was? I have found a contact form for Arena Shopping Park but not a Managing Director for Chiquitos email address. I believe they are under The Restaurant Group.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 March 2019 at 10:04PM
    mexicanfan wrote: »
    If I do the above and by submitting my name and email address does this in anyway admit who the driver was?
    Of course it doesn't... unless you say something silly like "I parked my car...".

    Something like "We visited xxx on...", or "the car was parked...", are harmless.

    mexicanfan wrote: »
    ...but not a Managing Director for Chiquitos email address. I believe they are under The Restaurant Group.
    Stick email the restaurant group ceo into google.
  • mexicanfan
    mexicanfan Posts: 12 Forumite
    I Have found the Chiquitos CEO email address.

    Is there any guidance on how to title the email and what to include?

    I did send a general complaint email direct to Chiquitos but don't have a copy of what was sent. Not sure how I worded the incident.

    Thanks once again.
  • MistyZ
    MistyZ Posts: 1,820 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    edited 3 March 2019 at 11:09PM
    As Umkomaas mentioned, you may need to complain to a land management group if they have overall responsibility for the Coventry Arena.

    But in any case, I'd complain to all & sundry. Explain the situation referring to 'the driver' if necessary and using the royal 'we' for all occupants of the car. Emphasise that the driver was careful not to cause any obstruction or inconvenience to customers or to Chiquitos (assuming that was the case). Emphasise that you were genuine customers and refer to any previous / regular patronage. State how much was spent and that receipts have been retained.

    Be sincere, basically. Presumably you (plural) were keen to enjoy a meal at Chiquitos yet no parking was available within marked bays. The result of this visit was, in effect, a £100 surcharge with the potential for years of harassment by debt collectors and even a court case should you refuse to pay it. It's extremely disappointing and, I'd imagine, makes a return visit very unlikely. The phrase I'd use when getting to the crux of the matter is something like '..... therefore I must insist that you cancel this extremely unfair and disproportionate parking charge'.

    Just wondering ... how big is Chiquitos' car park, are there at least as many marked bays as there are tables? Could be worth a check as if there's an obvious disparity that disadvantages customers arriving by car then that may be something to include. Adequate parking space is all the more important if it's an out-of-town restaurant.
  • mexicanfan
    mexicanfan Posts: 12 Forumite
    When messaging Chiquitos CEO and Arena Coventry should details of the PCN be provided or not? If they do I will have to do this tonight at the PCN is not to hand at the moment.

    Thanks again for your help.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Write bad stuff on the restaurant's Facebook and TripAdvisor pages and Twitter and complain to your MP.


    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

    Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem become so widespread that MPs agreed to enact a Bill to regulate these scammers. Hopefully, this will become law by Easter .
    You never know how far you can go until you go too far.
  • mexicanfan
    mexicanfan Posts: 12 Forumite
    The_Deep wrote: »
    Write bad stuff on the restaurant's Facebook and TripAdvisor pages and Twitter and complain to your MP.

    Do I include any details of the PCN on these posts? Using Facebook this would reveal my identity - I thought this would be unwise at this stage?

    When emailing CEO of Chiquitos and Arena Coventry must I include details of the PCN?

    Thanks for the advice.
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