ECP PCN after internal appeal

NosyParking

Hi all, I have been reading through newbies thread and before I try to fight this PCN alone, like I did with the first internal appeal which failed. I was just looking for guidance on my next step.

I parked at a P&D car park in a retail park. My wife has recently been issued a blue badge and I "assumed" (I know right) this car park was free to blue badge holders, it always was before but it had changed hands and you need to enter VRN into payment machine. I simply did not even get a ticket.
Now I know there is a blame on my part as I just sat in the vehicle while my daughter took my wife into the store.
Anyway, on the PCN it showed the big sign and my enter and exit times along with my number plate. The sign is not facing the the entry and neither is the ticket machine, I have used google maps to drive around the carpark and we entered at the back of the sign. where we were parked adjacent to the store entrance was a layby marked disabled, there are small signs up which show the disabled logo. With small writing.

The bad news is that I already did the internal appeal, I gave my story of events and also that I was driving.
I might add that I had previously parked there 5 days prior and received a letter "Polite notice" which said there was no penalty this time but next time there will be.
Unfortunately for me I received this polite notice the day after I had parked there for the second time so was unaware of the charge to blue badge holders.
If anyone has the time on google maps the carpark is Wrexham, Island Green. It seems fairly accurate.
What is scaring me, is appealing to POPLA then losing, I read the Ms K and a few others but unsure as to which one I should be aiming to follow.
Should I request SAR now or after POPLA appeal should it fail?
I know you guys work for free and time is most important, I don't mean to waste your time or anything, I'm just looking to be 100% clear of my next move as I've messed up in the first instance with the internal appeal. (before I found this forum).
Thank you in advance.

Redx

I fail to see how a SAR would help you as you already have the documents and pics and this isnt an LoC or an MCOL

if they issued a POPLA code , then you can try that evenue based on unclear and inadequate signs and also the bedding in period for new changes , see the BPA CoP for details

ECP have 6 years to issue a court claim if you do not pay , so to avoid the hassle a complaint to the retail park or retailer should have been made (and still should) prior to putting in any popla appeal, cite the EA2010 which covers the badge holder (the BB has no creedence on private land, its the EA2010 that has the clout and always has)

post #3 of the NEWBIES thread deals with popla appeals

NosyParking

Thanks Redx, I failed to mention that I did ask complain to ASDA LIVING, they did phone ECP and they refused to overturn the charge. The store manager said that the signs are there but are confusing and that is why she tried to over turn it for me.
I asked if she would give a letter of some sort if I needed to go to POPLA but she was not willing.
I will go back to post 3 and post a draft at first chance.
Thanks again.

KeithP

Send an email to Asda head office.

Redx will be back shortly to tell you how successful that can be.

Do that before any PoPLA appeal.

Coupon-mad

P&D car park in a retail park.

What about complaining to OTHER Store Managers who might try harder, (show them you shopped there on other days/are regular patrons...bank statement?) as well as the actual Retail Park Management as this was before the warning arrived so you had no idea, and the store managers there even agree the signs are confusing, and the TripAdvisor 2019 reviews are falling through the floor:

https://www.tripadvisor.co.uk/Attraction_Review-g186451-d13162393-Reviews-Island_Green_Shopping_Park-Wrexham_Wrexham_County_North_Wales_Wales.html#REVIEWS

Oh dear, how stupid of that retail park to drive customers away!

BTW, it doesn't matter that you appealed saying who was driving, as ECP usually comply with the POFA anyway so it matters not.

Draft a POPLA appeal as per the NEWBIES thread post #3.

When ECP supply their evidence, check it carefully...this is what they forgot last week!

https://forums.moneysavingexpert.com/discussion/comment/75803073#Comment_75803073

It might happen in your case.

DO NOT tip them off by making a point of asking for proof that you didn't pay....wait and see if they muck this one up too.

And if people here lose v ECP at POPLA, guess what happens? NOTHING.

No-one pays, you can just ignore them as (at the time of writing) they never sue.

Redx

KeithP wrote: »

Send an email to Asda head office.

Redx will be back shortly to tell you how successful that can be.

Do that before any PoPLA appeal.

or better still

go to their website and complain using the make a complaint option, this will galvanise their head office in Leeds (the people with the real power over their car park par@sites) to sort it out

a well worded complaint should work wonders , so dont bother with the monkeys hand , go straight to the organ grinder , especially if you have proof of loyalty like redacted bank statements etc , plus mention who you spoke to etc as well , make a fuss

think outside of the box !!!

NosyParking

Thanks you guys, it's really cool to know you have support, I've kind of got less tense already I really appreciate your time and advice.
I will do that KeithP, I spend over £100 a week at ASDA, not on that retail park but at the main store, I shall give it a shot for sure.
Coupon-mad, I did not go to the other stores, last time I visited there was Wilkinsons right next door and that was quite a few months ago, just before Christmas, I ran in and didn't get a ticket so the Reg verification on the P&D couldn't have been installed at that time (I'm guessing November as I bought Xmas lights).
Haha that would be nice if they tripped up on mine, I won't hold my breathe though.
This car park has been a problem for a while tbf a quick google of Island Green wrexham avoid, will show a post from a daily newspaper of why the general public are avoiding the town, it is ECP. I could not post a direct link as I'm new.

Just seen your post Redx, I will and thank you, I will do it after work tomorrow and hope it works for me

Redx

take a tip from me (as KeithP noted earlier , lol)

make that head office complaint , mention the EA2010 due to the blue badge holder and insist on the VRM of the vehicle being added to their "whitelist" (they know what that is , the exemption list) with a pic or scan of the BB being sent to them as proof, plus the redacted bank statements

this is what I did, so mine is on that list and has been for a few years , they even told me that my VRM is on the whitelist for EACH AND EVERY store car park of theirs, not just my local asda (which is PE and not ECP by the way - for me) - so I dont care which parking company runs the asda store I visit , I have it in writing from head office that MY vehicle is exempt due to my BB and me qualifying under the EA2010

its the squeaky wheel that gets the oil , as DOM would say

if you dont ask, you dont get

NosyParking

For sure I will try that, I must retire to bed as it's been a long day and a lot of reading. My brain is scrambled so I'll do it fresh tomorrow. should I post a draft of the ASDA complaint here first so it can be checked over first? It may help others if they have the same issue as myself.
This White list, would that count even if it were on a precinct with multiple stores like in my case? I only ask because the lady who rang up ECP from ASDA said it was a private car park on private land and that is why she stopped the pursuit.
I will look forward to getting the ball rolling tomorrow, for now good night and god bless it's been quite intriguing so far

Redx

ASDA should know who the managing agent is if ASDA dont own the car park, seeing as they would be a major tenant !!

which part of "if you dont ask , you dont get" did you not understand ? lol

the EA2010 applies to all service providers and the BB is one of the methods of proof they all accept , so if they want your continuing business , they should go the extra mile and assist you and your family

I would not take NO for an answer, nor did I take it when I complained a few years ago

Coupon-mad

This White list, would that count even if it were on a precinct with multiple stores like in my case?

Yes and no.

Retail parks have a duty under the Equality Act 2010 to make reasonable adjustments, and they could tell ECP to cancel.

But there's no reason why car parks should be free for disabled people (and I say that as someone who has a relative with a BB and as someone who used to be a Disability Advice Manager). It is true to say they should be given more time for their money, in law...so, say 3 hours for £1 when able bodied people might get 2 hours for £1.

But there's no right to assume it's free so it's unlikely the car should be whitelisted.

That does NOT change our clear advice, you never know, maybe another Store Manager hates this regime and is keen to cancel them to encourage future custom!

What about complaining to OTHER Store Managers who might try harder, (show them you shopped there on other days/are regular patrons...bank statement?) as well as the actual Retail Park Management as this was before the warning arrived so you had no idea,