Starbucks - Manchester (Trafford Centre) - Civil Enforcement Ltd

barrettefc

My heavily pregnant partner visited Starbucks in Manchester to meet a friend for a coffee and a catch up before she is due to give birth in a few weeks.


She wasn't aware of the Maximum 90 minute free parking as this was her first ever visit to the store. She stayed for exactly 2 hours 10 minutes and wasn't aware that apparently you have to apply for a parking permit extension at the till in store if you wish to stay longer.


She received a letter from Civil Enforcement Ltd that states she must pay £60 within 14 days at the reduced rate or £100 within 28 days of the issue date (26th July 2019) or her details will be forwarded to a debt recovery agency.


Having been to the site since I have noticed that the ARE signs in the car park informing her of this and how long she has free of charge, however there is only one sign before she enters the car park and it doesnt state a time limit on that. It just says "Maximum Parking Terms Apply". Therefore if she is entering into a contract with the parking firm when she enters the car park they do not make it clear before entering into said contract and car park what the maximum time is.


Further to this my partner stayed in the same store for the whole amount of time and has proof on her online bank statement of her spending money in the said store. There is no evidence of her using the car park to shop elsewhere.


As my partner is heavily pregnant (8 months) she is extremely forgetful and unfortunately has a weak bladder and therefore has to use toilet facilities quite often which would of extended her stay in the store.


Since receiving the letter my partners father has entered an appeal on Civil Enforcements website and unfortunately he has confirmed that it was my partner who is the owner and keeper of the registered car and that she was driving that day.



Apparently they do not email you back but they reply to your appeal by post within 14 days of your appeal being submitted.


We are quite worried now that we have approached this the wrong way by admitting she was the driver and also that by waiting for a reply by post from them this will take it over the 14 days allowed to pay at a reduced rate.


Any help would be greatly appreciated.


Many Thanks.

KeithP

What did Starbucks say when asked to cancel this?

Would mention of the Equalities Act influence Starbucks?

barrettefc

I should also add there is no pay machine at this car park hence the free 90 minutes - surely £60 is an extortionate rate as a 'fine' for overstaying the permitted amount of time?

barrettefc

KeithP wrote: »

What did Starbucks say when asked to cancel this?

When we went into store and asked to speak to the manager we were told it's nothing to do with them and we need to speak to the parking company.

Egbert_Nobacon

Have the Trafford Centre an on site management office you could approach as they have probably employed the scammers.

The_Deep

surely £60 is an extortionate rate

Unfortunately Supreme Court Judges think otherwise. However, Parliament is on your side.

Nine times out of ten these tickets are scams so consider complaining 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.

barrettefc

I asked Starbucks about this when I went into store and they said it was the land owner who employs them and theres nothing they can do as I have to go through the appeals process.

As we have appealed online and have to wait upto 14 days for a response via post is there any other template I should be sending to them in the meantime?

barrettefc

Hi all,


We are really getting stressed out about this now and it is really causing upset and stress problems with my partner who is 8 months pregnant.


We received a letter back today from Civil Enforcement rejecting our appeal. Unfortunately my partners father hastily wrote an appeal online and he cant remember if he named my partner as the driver of the vehicle or not.


I've read through the main thread on here and my mind is completely boggled with all the information and I can't for the life of me figure out what I should do next? Am I supposed to appeal to POPLA now? It says on the Civil Enforcement letter that the appeals process is now closed and we have a further 14 days in which to pay the reduced fine of £60. We only have 9 days left to do this as it has taken them 5 days to post the letter to us.


My partner is extremely worried that we will have bailifs at the door and just wants to pay the fine to stop all this stress. She even had to visit the local hospital with stomach pains which was very worrying for us due to getting herself all worked up over this. Thankfully the baby is okay.


Could someone, anyone, please help us in simple terms about what we are to do next? We are finding the whole process very confusing and upsetting.


Thank you in advance.

Coupon-mad

Try escalating the complaint to the overall landowner.

Google the place to find articles about who runs/owns it (either newspaper reports or adverts for shop units). And/or get the landowner from the land registry for £3.50.

My partner is extremely worried that we will have bailifs at the door

That CANNOT and DOES NOT happen, ever. Bailiffs cannot come knocking unless the person had:

- lost in court, or ignored a court claim

AND

- also refused to pay within 30 days after judgment.

This will not happen.

The 14 days means NOTHING AT ALL. Stop looking at the discount, you will pay zero.

Your POPLA code lasts 30 days-ish, so you have the entire month to try the complaints first then (if that fails) plenty of time to copy a CEL POPLA appeal.

Redx

no bailiffs will appear at any door, nor will the sky fall in tomorrow either

bailiffs need a court order and it hasnt been to court yet , somebody has been watching too much telly and not researching any facts

of course they rejected it , they always do so that should have been expected

if there is a popla reference on the rejection, then yes construct a popla appeal and post it for comments before submitting it


I think Peel own that land at the Trafford Centre, so try complaining to Peel or the managing agents

Le_Kirk

Here are the number of bailiffs that will turn up at your door - ZERO. You have not yet been to court and even then, you (or whoever the defendant is), has to lose and even then they have to fail to pay at the judges instructions. Who actually is the person named in the POC? Seems there are too many fingers in the pie here