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Highview Parking Tesco PCN

mitscay
mitscay Posts: 10 Forumite
edited 18 March 2019 at 9:26PM in Parking tickets, fines & parking
I have read the newbie's guide on how to beat a private PCN but I am not sure how to classify my case.
On 12/03/2019 I received a Parking PCN from Highview Parking, for staying at the parking premises of Tesco on 26/01/2019 for 3hrs01mins which "exceeded the maximum stay prominently displayed on the signage at the site", as stated on the PCN. The whole PCN states the following:
"Issued to: THE KEEPER

KEEPER'S OLD ADDRESS
Description of the keeper's vehicle details

Legal Action Pending

The vehicle was recorded parked on our client's property at TESCO ADDRESS from 26/01/2019 12:47 to 26/01/2019 15:49. The recorded duration of the stay was 3hrs01mins and the vehicle exceeded the maximum stay prominently displayed on the signage at the site.


(PICTURES OF KEEPER'S VEHICLE COMING IN AND OUT TESCO PARKING AT ABOVE-MENTIONED TIMES ATTACHED)

A notice was sent to you on 05/02/2019 and a Reminder issued on 22/02/2019. To date full payment has not been received and the deadline for valid written representations against this Charge Notice has expired.

To avoid this being passed to our legal department for further action and possible further charges, you are required to pay the sum of 110.00GBP within 14 days of this letter.


Failure to pay the full outstanding balance by the due date could result in us instructing a debt collection agency to collect any outstanding amount.


If you were not the driver, please forward the driver's name and current address."

Now I can verify the following:
  • They have been sending letters out to my old address, since I was caught in the middle of moving.
  • I have not received the original PCN or the reminder after that which they claim to have sent, only this last one (which I got only today as a tenant from my old address notified me)
  • I did go to buy groceries at Tesco and some of the shops nearby that day. Apparently for Tesco I overstayed my welcome.
  • I do have proof of buying groceries from Tesco on 26/01/2019 as I always use the TescoPay+ which is connected to my Clubcard. In my clubcard statements I have proof of my purchase for that day.
  • I always shop at Tesco. In fact I even hold a current account with them.
I have read about appealing to these PCNs, but the written representation time is over.
I have also seen people suggesting to write directly to Tesco CEO. Given the fact that I shop and bank with them, would that be a more efficient and direct solution? If yes, how should a letter like that look? Should it be an email or a post? Any related links?

I am a little bit lost with so much info, so I would be really grateful if you could assist me with this.
Thank you.
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    NEVER TELL ANYONE WHO WAS DRIVING, ESPECIALLY NOT ON THE INTERNET, EDIT YOUR POST

    think of the phrase "you have the right to remain silent, if you give up that right , anything you say can be used against you in a court of law"

    make sense ?

    too late for any appeal, although you could send HV that blue text template

    but YES is the answer to the main question, complain to the Tesco CEO with proof of shopping receipts , bank statements and/or loyalty card , because other supermarkets are available (hint)

    try the SUCCESSFUL COMPLAINTS sticky thread for staters, also do a search of his name on here and google for suitable complaiont wordings etc (or any other supermarket CEO listed on here , like David Potts of Morrisons , or LIDL, ALDI , etc, plenty of similar cases to devour)


    and MAKE SURE that you have updated your V5C and Driving Licence with the DVLA , or else real fines of up to £1000 could occur
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Always complain to Tesco. Go to the top. If often yields good results.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    As said ......... there is no driver, only a registered keeper

    By all means contact the CEO, Dave Lewis with receipts that you are a loyal customer and request cancellation.

    Of late, Lewis has been playing hardball and supporting the parking scammers. No respect for customers and frankly until Lewis realises that his customers don't want to be scammed, it is best to stop shopping at Tesco until they wake up to the real world
  • Umkomaas
    Umkomaas Posts: 43,455 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 18 March 2019 at 9:19PM
    The recorded duration of the stay was 3hrs01mins and the vehicle exceeded the maximum stay prominently displayed on the signage at the site.
    So what is the maximum stay shown on the signage? More often than not a Tesco/Highview limit is 3 hours. Can you confirm?
    I have not received the original PCN or the reminder after that which they claim to have sent, only this last one (which I got only today as a tenant from my old address notified me)
    So have you now updated your V5C with the DVLA, otherwise you could be looking at a £1,000 fine from them to add to your woes!
    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
  • mitscay
    mitscay Posts: 10 Forumite
    Maximum stay at the particular Tesco lot that I have confirmed online (I need to go back to the parking lot and confirm in person) is 1.5hrs. Which is funny, cause it is half of what is claimed on lots of other Tesco parking lots.

    I have updated with my logbook with DVLA, I know this was my mistake. I am awaiting for the updated logbook to arrive any moment now.

    I will search for proper wording when complaining to the top and see what they will come back with.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    complain as KEEPER of the vehicle , use the royal "WE" if necessary
  • mitscay
    mitscay Posts: 10 Forumite
    UPDATE:


    I just received a reply from Tesco's CEO Desk which is the following:
    Good afternoon
    Thank you for taking the time to contact our Chief Executive's office. I have been asked to respond on his behalf.
    I am sorry to hear that you have received a penalty charge. However, there are signs in the car park pointing out the fact that you will be fined if you overstay your limit.
    If you wish to appeal this charge you must appeal to the issuing body themselves. I am sure that they will look at the mitigating circumstances that you mention within your email.
    Unfortunately I am unable to help you on this occasion. The rules of parking are laid out to be fair to all of our customers. We strive to make sure that these rules are adhered to.
    I am sorry that I could not help you on this occasion.

    Well it seems it is time for me to move my shopping habits along with my bank accounts somewhere else. Before I do that, what would you suggest as the next move?
    In my letter I let them know I intend to complain on my local MP as well as the local press.



    Thanks!
  • Coupon-mad
    Coupon-mad Posts: 152,929 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 26 March 2019 at 4:53PM
    Reply to him/her and say that's not good enough and you want your complaint escalated to the CEO himself, before you remove your family's annual custom of some £xxxx from Tesco.

    Say that it is an utter disgrace that Tesco are supporting their despicable parking firm above customers, despite the fact that Parliament has called these firms out in 2018 as operating an 'outrageous scam' and an Act has just been passed this month to curb the industry as it has failed to regulate itself. Ask if Tesco have any idea about any of this?

    DO NOT state who was driving.

    Send Highview the usual appeal template even though it's late. They might cancel when they realise you are not coughing up the driver, or telling them who was driving.

    Make sure you register your car's V5C correctly to your new address with the DVLA as at the moment you have failed, which is why the DVLA has an old address they gave out.
    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
  • Umkomaas
    Umkomaas Posts: 43,455 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Well it seems it is time for me to move my shopping habits along with my bank accounts somewhere else. Before I do that, what would you suggest as the next move?
    There really is no ‘next move’ in the context of the parking charge. It’s a case of wait and see what Highview’s next move will be.

    However, I’d make it clear to Tesco via reply that you are appalled by their lack of support for a genuine and loyal customer who has spent £x in the past year (tot up bank/cc statement entries) in both the store and petrol outlets (not necessarily just in that particular Tesco).

    If you’ve got a Tesco loyalty card, send that back, cut in half) as well as listing the bank account(s) detail and amounts invested that you are now formally telling them you are about to close.

    Tell them that a further unhelpful/negative response will only confirm their total lack of regard for their genuine customers, something you will be pointing out to the local Press and your MP shortly.
    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
  • mitscay
    mitscay Posts: 10 Forumite
    Alright, I wrote back to Tesco taking into account everything you have mentioned above. Moreover, I am now appealing to Highview. There is an option of ticking if was not the driver or the PCN contains wrong info. Should I tick this, or not tick any of the options (apparently you can do that) and continue to the Appeal Form?
    Btw, just to be on the safe side, the template I should use is the following:

    Re PCN number:

    I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

    ...


    Is that correct? Do I sign off with my name?
This discussion has been closed.
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