The Driver was observed leaving site whilst the vehicle remained parked on the premises

mumwantsjustice

My partner received a Parking Charge stating that Driver left site.

He has a receipt as he was a genuine customer at the time of the alleged 'driver left site'.

My partner and myself can also produce bank statements showing that we have regularly shopped at this store dating back 2 years!

Please could you help me out with this.

MSE (Bargepole) previously helped me back In 2015.

I've been very careful not to obtain a PCN since then...

Many thanks

D_P_Dance

There are several doubts that leaving site is a breach of contract at all. A judge may well find that it is an unfair term in a consumer contract, (see Ibbotson v Excel), and an MP ventured recently in the House of Commons during a reading of Sir Greg Knights's Bill that it may well be a breach of the Human Rights Act.

If they were daft enough to take this to court they might struggle. Complain to your MP. They are very much on your side here.

Complain to your MP. On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

mumwantsjustice

D_P_Dance wrote: »

There are several doubts that leaving site is a breach of contract at all. A judge may well find that it is an unfair term in a consumer contract, (see Ibbotson v Excel), and an MP ventured recently in the House of Commons during a reading of Sir Greg Knights's Bill that it may well be a breach of the Human Rights Act.

If they were daft enough to take this to court they might struggle. Complain to your MP. They are very much on your side here.

Complain to your MP. On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

I have sourced the email addresses for my Local MP, Local Trading Standards and the Managing Director of the Supermarket.

Just don't have a clue how to even begin to draft a letter of complaint.

KeithP

mumwantsjustice wrote: »

Just don't have a clue how to even begin to draft a letter of complaint.

I just stuck draft a letter of complaint into google and found plenty of guidance.

steviebuk

mumwantsjustice wrote: »

My partner received a Parking Charge stating that Driver left site.

He has a receipt as he was a genuine customer at the time of the alleged 'driver left site'.

My partner and myself can also produce bank statements showing that we have regularly shopped at this store dating back 2 years!

Please could you help me out with this.

MSE (Bargepole) previously helped me back In 2015.

I've been very careful not to obtain a PCN since then...

Many thanks

Ask for the footage. If they have said footage and evidence then request it under a subject access request. If they claim footage was captured with the numberplate cameras then this is a breach. As number plate cameras aren't to be used as CCTV.

Fruitcake

Send the standard appeal template in blue text from the NEWBIES.

As for generating a letter of complaint, just write how you and your partner feel about being treated in this disgusting way by a bunch of unregulated scammers.

You want this cancelled or you will shop elsewhere in future. Use a copy of the receipt on the day in question, redacted bank CC statements, and give the total spent in a year. Underline it and state this is how much the establishment is going to lose. Multiply that by the number of genuine customers being scammed and asked how big a loss can they suffer before they go out of business.
Use the comments in red from the NEWBIES showing what our MPs think about these cowboys.

Umkomaas

Which parking company?

Read this:

http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231)

But ‘mitigation of loss’ doesn’t have much traction in private parking cases since ParkingEye v Beavis.

(DPD/TD - Before you jump in on ‘mitigation of loss’, please offer the form of words you would use to persuade a Judge away from using the Beavis catch-all. )

DoaM

Were there on-site parking operatives in the Beavis case, or was it purely ANPR? If the latter then there's a clear distinction from Beavis ... in Beavis there was no opportunity to warn the offender that they were about to breach the terms of contract; with on-site operatives, where an offence is being witnessed then there's the opportunity to warn - failure to do so means the PPC incurs a "loss" that they could easily have mitigated.

mumwantsjustice

steviebuk wrote: »

Ask for the footage. If they have said footage and evidence then request it under a subject access request. If they claim footage was captured with the numberplate cameras then this is a breach. As number plate cameras aren't to be used as CCTV.

I've seen the online footage. It was a windscreen PCN from Total Parking Solutions.
The car park is manned and the parking attendant watched me park my car as he sat in his booth.

mumwantsjustice

Umkomaas wrote: »

Which parking company?

Read this:

http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231)

But ‘mitigation of loss’ doesn’t have much traction in private parking cases since ParkingEye v Beavis.

(DPD/TD - Before you jump in on ‘mitigation of loss’, please offer the form of words you would use to persuade a Judge away from using the Beavis catch-all. )

Total parking solutions

mumwantsjustice

DoaM wrote: »

Were there on-site parking operatives in the Beavis case, or was it purely ANPR? If the latter then there's a clear distinction from Beavis ... in Beavis there was no opportunity to warn the offender that they were about to breach the terms of contract; with on-site operatives, where an offence is being witnessed then there's the opportunity to warn - failure to do so means the PPC incurs a "loss" that they could easily have mitigated.

There was an on-site parking operative