Waitrose, BW Legal, Britannia Parking, John Lewis Legal team

Coupon-mad

This forum moves more quickly and never misses a post. We always reply & advise.

BS_Newbie

Coupon-mad wrote: »

You should respond pointing out the holes in evidence and the lack of POFA.


And ask Britannia for a SAR including all photos taken regarding all PCNs (list them all) and prove the emailer is the RK by attaching the V5C to save any delay in the reply from their Data Protection Officer.
will do

Britannia PCNs never did have the photos on them, not windscreen PCNs, but you used to be able to log in and see the photos, and more than once I helped people locally by pointing out they'd taken photos timed at the end of the parking period and none at the start, so no evidence showed an overstay as alleged.

This is why Britannia now tend to use ANPR instead.

Your family do know to cover your numberplates when entering/leaving supermarket car parks, yes? NEVER hand then the VRN data at all; there is no law to say you must.

Thanks very much Coupon-mad , extremely helpful. - I've got a few questions
1) Is it sufficient to say that the correspondence doesn't comply with POFA or is it better to be very specific about each point of non compliance?
2) Can the observtion times be challenged as they give an observed from and observed to time but they dont provide any photgraphic evidence of this

I've just checked the britpark website and there is nowhere there you can go and view a PCN - it only gives you the choice to pay or appeal a PCN
There is no ANPR at this car park

thats a good point about covering up the numberplates - I am sure the RK has no idea about that but at this car park they have Britannia employees walking around the car park all day handing ou the PCN's.

KeithP

BS_Newbie wrote: »

I've just checked the britpark website and there is nowhere there you can go and view a PCN - it only gives you the choice to pay or appeal a PCN

Then choose to pay. Obviously don't pay.

You should then see the PCN.

BS_Newbie

KeithP wrote: »

Then choose to pay. Obviously don't pay.

You should then see the PCN.

Thanks Keith

I have tried numerous times since the letter of claim was received by the RK to log into the pay your PCN but every tine i have entered the PCN No & reg number the system doesnt work . Thats the same for all 5 PCN's

And when the appeal link is clicked you are faced with this message for all the PCN's
Sorry, we cannot find this ticket - please check the details you have provided are correct.

If the system is unable to match your PCN number after multiple attempts
please email your appeal to parkingcharges@britpark.com

Click here to return

BS_Newbie

Coupon-mad wrote: »

This forum moves more quickly and never misses a post. We always reply & advise.

well so far it is night and day in terms of the sheer volume of excellent responses received so far since I posted earlier. Total silence in the other place it has to be said .

The only problem I have now is the sheer amount of advice and great responses so I need to make a detailed list of ll the points of action so far and get onto that ASAP before it overwhelms me.
I've spent most of the day today in front of this screen and nothing else has been achieved but I am not complaining as the RK is also going to be very grateful too I know

Fruitcake

Just a few things from me. Have you contacted the local council to see if the scammers have been granted advertising consent for their signs? Not having it is a criminal offence. I saw that you asked this and other questions in your complaint to JL, but have you actually got it from the horse's mouth as it were.

Also check with the council to see if there was a time restriction at all, or of 1 1/2 hours when planning permission for the building of the store was originally granted. We know several cases where planning consent for the establishment was granted provided the parking time allowed was, say, 3 hours, but the scammers have later arbitrarily reduced this in breach of the original planning consent.

I would definitely include pics of the signs showing the word penalty. This may not have been sabotage but may simply have been weather causing some sort of sticky tape or covering to fall off.

As for the minimum charge, this means a motorist who buys nothing or spends less that £10 cannot benefit from free parking. That would be an unfair contract term.
How does anyone know if they will spend that much before they park, and it is not fair to force someone to buy something they don't want simply to avoid a £25 charge. In any case, how do the parking scammers know how much has been spent? The supermarket cannot pass that information to the scammers without breaching the DPA/GDPR.

BS_Newbie

Fruitcake wrote: »

Just a few things from me. Have you contacted the local council to see if the scammers have been granted advertising consent for their signs? Not having it is a criminal offence. I saw that you asked this and other questions in your complaint to JL, but have you actually got it from the horse's mouth as it were.

Also check with the council to see if there was a time restriction at all, or of 1 1/2 hours when planning permission for the building of the store was originally granted. We know several cases where planning consent for the establishment was granted provided the parking time allowed was, say, 3 hours, but the scammers have later arbitrarily reduced this in breach of the original planning consent.

I would definitely include pics of the signs showing the word penalty. This may not have been sabotage but may simply have been weather causing some sort of sticky tape or covering to fall off.

As for the minimum charge, this means a motorist who buys nothing or spends less that £10 cannot benefit from free parking. That would be an unfair contract term.
How does anyone know if they will spend that much before they park, and it is not fair to force someone to buy something they don't want simply to avoid a £25 charge. In any case, how do the parking scammers know how much has been spent? The supermarket cannot pass that information to the scammers without breaching the DPA/GDPR.

Thanks very much Fruitcake.

to answer your questions
1) the local council have not been contacted but will be - excellent suggestion
2) I am sure the weather was very bad on the day the tape was blown away :rotfl: - anyway these signs were replaced in 2017 so thankfully we have photographic evidence of all the signs from back then
3) unfair contract term - i had that somewhere in my notes as you are absolutely correct
they do have brit parking staff on the exit with a barrier but they never used to ask for any proof of receipts . this only applied to the 2016 ticket as they did not include this on the new signs that were erected in 2017.

BS_Newbie

I just want to thank everyone for all the excellent replies and suggestions. I am compiling a to do list and will post up the letters / emails that will be sent to the various parties before they go to see if they can be added to / changed/ improved upon (which I am certain will be very easy to do especially as I am no William Shakespeare!!!!)

Coupon-mad

1) Is it sufficient to say that the correspondence doesn't comply with POFA or is it better to be very specific about each point of non compliance?

Britannia had nothing from para 8, Sch 4 of the POFA in their NTKs, and they know it!

2) Can the observtion times be challenged as they give an observed from and observed to time but they dont provide any photgraphic evidence of this

Yes the SAR to Britannia (NOT BW LEGAL) requires the photo evidence.

BS_Newbie

Coupon-mad wrote: »

Britannia had nothing from para 8, Sch 4 of the POFA in their NTKs, and they know it!

Yes the SAR to Britannia (NOT BW LEGAL) requires the photo evidence.

Thanks coupon Mad
Quick questions is there a time limit that Britannia have to write to the RK in order to comply with Pofa because in each case they are about 35 days after theissuance of the PCN
Here are all the dates

date pcn issued date 1st letter arrived from Britannia to RK
20/1202016 24/01/2017 (2 identical lettters with only seconds difference as stated in earlier post.
13/01/2018 05/03/2018
12/11/2018 31/12/2018
15/11/2018 07/01/2018