POPLA Euro Car Park Appeal help

Hope4Best

Hi,

I got a parking charge notice to keeper from Euro Car Parks (dated 28.05.19) for parking at Marks & Spencer in Prestwich Manchester on 18th May of 2019 for overstaying their 2 hour (free customer parking) limit by 24 minutes.

Without knowing about this forum, I appealed to ECP giving my genuine reasons - was shopping, had meal and was with my father who is a blue badge holder but importantly he was not feeling well that day has had a triple heart bypass and still feels the pain from it. I didn't specifically say that I was the driver, at least not in the appeal explanation I put forward but I think I did make the selection from the drop down box), did provide them with the only receipt I could find but my initial appeal with ECP was rejected.

I did supply ECP with both receipt from M&S and my fathers blue badge but they rejected showing their images of their signs that say that they do not make exceptions for badge holders overstaying.

I have only now become aware about this forum and am confused as to what grounds to appeal to POPLA.

Any help much appreciated I believe I only have til 25 July to submit appeal, received reject letter from ECP on 27 June 2019.

Once I have drafted my POPLA appeal will post for any guidance.

Many Thanks in advance
Hope4Best

PS- please do not think I am being lazy I have spent the last 2-3 days (literally since I found this forum) glued to my computer going through the Newbie section advice and looking through other posts. That in itself is a miracle as I am not good with computers

Coupon-mad

Don't do POPLA yet, the code will last a FULL MONTH from the rejection letter date.

Complain to the M&S Manager taking in the Blue Badge and ask if M&S support the harassment of disabled people and the failure of the parking firm to make a reasonable adjustment of time, as is their legal duty, in the Equality Act 2010?

This is illegal and there should be a method to exempt a car with a disabled Blue Badge holder from the time limit.

Ask the manager what they are going to do about it.

M&S will cancel.

If the local Manager won't, make a Head Office or CEO complaint.

Hope4Best

Hi Coupon-mad,

Thank you for super fast reply and clarification in terms of my situation.

I have tried the Manager - no go.
Will try Head Office / CEO complaint - will email as letter will take too long under the circumstances. Have found the following:

Head Office Address:
Marks and Spencer Group plc,
Waterside House,
35 North Wharf Road,
London,
W2 1NW,
United Kingdom

London Head Office: 0207 935 4422
Corporate PR : 020 8718 1919 or corporate.press@marks-and-spencer.com
CEO: steve.rowe@marks-and-spencer.com

I will try phoning and emailing using these but I am assuming I should still try to put together a POPLA appeal just in case; if so what grounds as the signage was not bad I suppose I could argue some points such as entry sign makes no mention of time starting minute you enter plus it being on a busy road on passenger side does not give anyone time to read it before entering car park...?

Will post any response or not I receive.

Thank you again.

The_Deep

Nine times out of ten these tickets are scams so complain to your MP.

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.

also, if this gets to court, read this

https://www.gov.uk/government/publications/reasonable-adjustments-a-legal-duty/reasonable-adjustments-a-legal-duty

and consider a counter claim for disability discrimination.

Hope4Best

I have just received the following email from M&S customer services, rejecting any help, as according to them it is run by a third party:

Hi [my name]

Thank you for your email. I'm sorry to hear of the Parking fine you've received when visiting our Bury New Road Prestwich store. I can understand your frustration.

As this car park is actually owned and operated by a third party, I am afraid I can only suggest that you contact them directly. The car park does have notices to warn customers of the parking terms and conditions, but I hope you can get this matter resolved with the car park operator.

Following this email you may receive another asking how you felt I handled your query today - it's only a couple questions and I'd be grateful for your feedback.

Many thanks for contacting us and I do hope your father is now feeling better.

Kind regards

Name of Staff
Retail Customer Services
Your M&S Customer Service

They have clearly not read / chose to selectively ignore the situation I explained explicitly to them.

I am still waiting on replies from the PR department & CEO but I have little hope

As such I am trying to put together a POPLA, which I will share here for advice. According to newbies section I am fine extracting parts from previous POPLA appeals and using as is or amending to suit my situation?

Thanks in advance...

This site / forum is an priceless source of information and support especially for those of us, like me, who would generally cave and pay up to these boors!

Coupon-mad

OK so you up the ante to whoever owns the retail park (Google it)!

No POPLA yet. Not this month, if the rejection/POPLA code was dated July.

This should be EASY to cancel, due to the Blue Badge and discrimination angle.

You just haven't found the right ear to complain in, yet.

Redx

M&S should have told you who the third party is if they are renting from said third party/owner

at least that way you can complain to the right people, or the M.A.if its a retail park ?

yes use previous popla appeals to construct your own but only submit it around day 30, not before

also check clause #13 of the BPA CoP about two grace periods, one before and one after, plus the EA2010 angle for the BB holder (the BB is largely irrelevant, its the law that counts, for extra time to be allowed as a "reasonable adjustment"

a quick google search and viewing the pictures shows a few retailers on that site , so the fact that people shopped in M & S doesnt mean M & S own it or are responsible for the issues

the google pics clearly state that it is 2 hours free parking and are ECP signs with the one near the road extremely large and clear

Pets At Home and other retailers are also on site, so who is the M.A. for that site ? the people who would have contracted with ECP, FIND OUT !!! and complain

Hope4Best

Hi Coupon-mad & Redx

Sorry if I was not clear, but the rejection/POPLA code was dated 27 JUNE 2019 :eek:

Hence my rush to get something together other than what I had done previously, which clearly did nothing for me.

Have tried Google to determine who owns the land but coming up with nothing so far...need to use the correct search words

I do not know if this is important, did try to add the images of the Disabled signs that ECP sent me but was denied as I am new member. But on the bottom right of the signs it clearly says "On Behalf Of M&S...Site No: 1080". I am trying to use this as my search criteria too.



Redx: Apologies for my ignorance but what is MA? It may have been mentioned before.. am I right in assuming it is the management company?

Hope4Best

Just phoned through to M&S got put through to store for once! Spoke to FInance Manager (FM) as Store Manager is not in (but apparently available to speak to?). The FM said they have only ever revoked one Parking charge in all the time they had it, for broken down vehicle.

Even after explaining situation he was adamant that .."2 hours is enough as pretty small M&S" so pointed out its fine for someone young and healthy but someone my fathers age and with recent operation not so; they are slow & like taking their time.

He finally relented and said would speak to Store Manager, took my PCN number. Trying not to get my hopes up..he kept making a point of saying they have NOTHING to do with the car park ECP manage it! Pointed out that M&S emailed me saying something else that 3rd party owned land; while he is saying they own it!!!

He is going to phone me back in 10 minutes....will update.

Redx

The Equality Act applies so make him aware of that failing and possible consequences if it went to court

Head office will be correct and not owned by ECP or M & S either, the Land Registry would confirm for a small fee

Make it in his interest to cancel this by being polite but firm, making sure he knows the score and you won't be swayed by untruths

Hope4Best

I could cry...HAPPY TEARS!

The FM just rang back as promised and says he had to convince the Store Manager as he much like him was sticking to his guns that "2 hours is more than enough" but he finally relented and they will be contacting ECP to have this invoice CANCELLED!:T:rotfl:

Took my Car Reg and gave store direct contact details just in case I need to contact them again.
Definitely helped when I told them quite honestly that I have always had great customer service from them and hope that they can uphold this high standard.

But most importantly...got to thank this forum...and especially Coupon-mad, Redx & The Deep...for all of your superb speedy advice and encouragement!

THANK YOU ALL SO MUCH!

Should I be receiving anything from ECP confirming cancellation? If not just for peace of mind how can I confirm that they have actually cancelled..have heard horror stories where they should have cancelled but do not!:mad: