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ECP PCN after internal appeal

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
23 replies 806 views
2

Replies

  • edited 13 May 2019 at 9:37PM
    NosyParkingNosyParking Forumite
    11 posts
    edited 13 May 2019 at 9:37PM
    This is the draft so far and I can add or delete as advised.

    Dear customer care team,
    I am writing to you as a loyal customer for many years and usually a happy one.
    On 8th March 2019 I used the car park to visit your ASDA LIVING store situated on the Island green retail park, Wrexham. I parked in the disabled lay-by near the Wilkinson exit which is right next door to ASDA with my Wife's blue badge displayed, I went in with my wife and purchased quite a few items *insert cost and proof of purchase*.
    I then returned on the 18th March 2019, used the same bay and process as the first visit on the 8th *insert proof again*.

    To my dismay I received a "Polite customer information letter" reminding me that the car park was P&D *screen shot of letter* and the next time I park there without paying I will endure a £90 parking charge, this letter arrived on the 19th March 2019 and is dated as sent on 18th March 2019, the very same day I had visited the car park for the second time, therefore I was not alerted
    to the terms of the car park until after I had parked for a second time.

    On 25th March 2019 I received a Parking charge notice of £90 or £50 if paid withing 14 days, for a ticket that would have cost just £1.30p if I even knew I had to buy one. That is a huge 38 times the original ticket and if paid later a whopping 69 times the original tariff.

    This car park was always FREE to blue badge holders and in no way shape or form did I see that I had to pay with my wife's blue badge displayed. The signs are very vague and having looked again, the main sign is not facing the route we took nor is there a P&D machine near the parking lay-by for disabled parking with full clear terms nor is there a sign adequate to satisfy BPA code of practise which are:

    Clause 18.9 and 28.8 - So that disabled motorists can decide whether they want to use the site, there must be at least one sign containing the terms and conditions for parking that can be viewed without needing to leave the vehicle.
    Ideally this sign must be close to any parking bays set aside for disabled motorists.

    Clause 18.10 - Where there is a change in the terms and conditions that materially affects the motorist then you must make these terms and conditions clear on your signage. Where such changes impose liability where none previously existed then you must consider a transition to allow regular visitors to the site to adjust and familiarise themselves with the changes. Best practice would be the installation of additional/temporary signage at the entrance and throughout the site making it clear that new terms and conditions apply. This will ensure such that regular visitors who may be familiar with the previous terms become aware of the new ones.

    Retail parks have a duty under the Equality Act 2010 to make reasonable adjustments.

    Considering all of the above I feel we have been duped by a firm only interested in profit and not in the best interests
    of customers to your store or any other store on the precinct. I would be very grateful if you could use your influence to get this ticket overturned and save me the time and stress of appealing to POPLA.
    This firm is destroying the very culture of shopping in Wrexham, it only takes a few quick searches online to see articles from the local news and reviews on the retail park getting 1* ratings, this should not reflect the shopping experience on that precinct but people are angry about this firm and the way it is ripping people off, your customers.

    Edit: Our shopping receipts and other transactions to ASDA will be added, also the conversation with a Ms Ellie I had over the phone and her trying to overturn the charge as she believed the signs to be confusing especially for BB holders. Am I on the right track? as I did all this off the top of my head and looking at the BPA rules, I may have missed things that I should not have so posted the draft first. Thanks Redx and Coupon your time and advice is appreciated.
  • Coupon-madCoupon-mad Forumite
    84.8K posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    Yes, I like that complaint, it is from the heart and says it all.

    Include a scan of your wife's Blue Badge as well.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • RedxRedx Forumite
    28.7K posts
    10,000 Posts Sixth Anniversary Name Dropper Photogenic
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    check the spelling , like the first ADSA near the opening paragraph
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • Ah yes I would have forgot that blue badge scan to be fair...
    Lol Redx that was very hawk eyed, I read the whole thing and that first paragraph more than once before I spotted that mistake.
    Thanks again both, I may well try the whitelist after the initial reply from Asda should it be good news :)
  • RedxRedx Forumite
    28.7K posts
    10,000 Posts Sixth Anniversary Name Dropper Photogenic
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    FYI, when I did this with my local asda it was free to park using a BB under SMART and then the same under PE, no charges were brought in at any store near me for BB customers, hence why they placed my VRM on a whitelist
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • I see, it is slightly different circumstances in my case as you know.... if you don't ask, you don't get lol.
    Anyway I have sent that email along with all attachments and extra info detailed to my case i.e the conversation with Ms Ellie and my family loyalty to the store which was an attempt to tug on the heart strings I must admit, it was also the truth.
    I will let you know how it goes ASAP, if it does not go down well, I will need to prepare my POPLA which is due to end 23rd May.
  • edited 14 May 2019 at 8:39AM
    The_DeepThe_Deep Forumite
    16.8K posts
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    edited 14 May 2019 at 8:39AM
    If you think that you have a case, complain to your MP. Nine times out of ten these tickets are scams, or fail to meet the requirements of the law, and will fail at PoPLA or in court.

    Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but 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. un
    You never know how far you can go until you go too far.
  • Oh yes I think I do have a case, inadequate signage and the bedding in period should be sufficiet I hope. There are other factors such as receipts which coincide with me leaving the store on that precinct then the car park straight after, as shown on the time stamps. Not that this shows I abided by their rules/contract but it will show that I was a legitimate patron.

    It's just that I feel the need for solid law as well as circumstantial evidence, I have made time to go get those photos later this evening. As I was thinking of using the Google maps snap shots but will be best to get the real things myself.

    My wife wanted to pay the charge but I can't let it drop, my instincts won't allow me to do it without a fight and only as a last resort will I do so. I feel determined to get this charge dropped and share it with others who have had the same or similar scenarios to mine in forums based on Wrexham.

    I will be contacting my local MP by the end of the day, I await Asda getting back to me for now. I will still be contacting him and a few others even if Asda get the charge overturned, to complain and vent my feelings.

    I have won one of these tickets Vs parking eye but at the internal appeal, I had put in the wrong reg number and overstayed by 12 minutes but after reviewing my appeal they overturned that one. That's another story and different circumstances than here though.

    Thanks The Deep, it's good to know people like you exist. I really do appreciate everyone that has helped, I can't stress that enough.
  • Coupon-madCoupon-mad Forumite
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    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    My wife wanted to pay the charge but I can't let it drop, my instincts won't allow me to do it without a fight and only as a last resort will I do so. I feel determined to get this charge dropped and share it with others who have had the same or similar scenarios to mine in forums based on Wrexham.

    I will be contacting my local MP by the end of the day, I await Asda getting back to me for now. I will still be contacting him and a few others even if Asda get the charge overturned, to complain and vent my feelings.
    Glad to hear you are determined to fight and to alert your MP and local forum users.

    :T
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • So, I emailed Asda, emailed my MP and contacted Savills (the land owner) after doing some digging.
    I initially emailed Savills in Cardiff, these are not emails as such, but a private message that you leave a brief enquiry and your contact details on. I had no reply from any of the above.

    I then visited the main Savills web page for contact info and was able to send a message to The retail park regional manager. He called me and said he would cancel the charge if I send the parking charge notice via email or watts app, after I told him the genuine full story he said he would do this for me.
    No need to send BB or receipts. I have yet to receive confirmation that it is cancelled but he has put in the request to ECP already.

    It goes to show that as a genuine customer the actual land owner will listen without the need to state the law (which I am not comfortable with), as you would with an appeal.
    I can not stress enough how contacting the land owner and being honest and open about an incident similar to mine could save hours or days of searching how best to defend yourself against these parking charges. I mean this in a common ground way rather than arguing a point trying to find flaws in the parking charge.

    I am not totally out of the woods yet, until I get that confirmation but I am elated and confident as we stand now.
    I thank you Coupon-mad and Redx along with KeithP and TheDeep, if it was not for people like you I would have probably already caved in and paid the charge.
    All the information you have given and pointed out is very kind and duly of your free time, you can't put a price on that!

    I must say to anybody reading this, the help is here BUT you must be willing to do some digging and use your own initiative at some stages. It is common courtesy to do so and should pay off in the end.

    I will follow up once I get the confirmation email from Savills.
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