ECP PCN at Matalan Warrington

TrivialT

Hi all

Would like to thank you in advance of any response as what I have read so far has given me hope that I won't have to pay what I believe is an unfair PCN. Here's the basic details:

PCN details:
Date of event: 17/11/2019
Date issued: 22/11/2019
Date Received: 27/11/2019
Charge £85, discounted to £50 if paid by 6/12/2019.
"Your vehicle was parked longer than the maximum period allowed"

Currently writing initial appeal to ECP, deadline today/tomorrow (discount if paid by 6/12/2019). Using standard template but not sure how much to put in blue sections at this stage.

1) Compliance
Is this compliant? Thought they had to give longer to pay for ANPR?

2) Signage
There are four signs at the car park entry, three relating to use of the car park. Only the highest one, far too high to read from a moving vehicle, only a car's length from a busy main road and obscurred by trees/bushes until the point you are turning in, states "maximum stay 2 hours" but does not state a charge for overstaying. There is far too much text to read on the signs while entering. There is an area immediately in front of the entrance to the store which could be parked in which has no signage, either above the spaces or by the entrance.

There are signs elsewhere but the £85 charge is in quite small writing and not bold. Should this be brought up at initial appeal to ECP or saved for PoPLA?

3) Mitigating Circumstances
The driver was with two children, one currently on crutches with fracture above ankle but only diagnosed on 19/11. This sufficient for Mitigating Circumstances?

Furthermore, driver spent over £200 in Matalan that day. Had to try on clothes with said children, used toilet, queues at til (believe they had a sale on/before Xmas). Are these details worth submitting as Mitigating Circumstances? Have rang store, emailed store and customer services but they have all said I'd have to deal with ECP directly. Worth final letter to CEO, posted? Can't find an email address or phone number, funnily enough.

Really need help with wording this for initial appeal please.

4) Length of stay/parking
ANPR used states entry and exit times which imply stay of 2hrs 24mins and 22 secs, PCN states vehicle was "parked for longer than the maximum period allowed". I find the use of the word parked interesting here as the vehicle could not be parked immediately on entry and immediately prior to exit. The poor signs on site that we reviewed on a subsequent evidence visit state "maximum stay 2 hours". They seem to imply that the stay duration means parked time, they have no ability to check how long the vehicle was parked. Is this something to pursue? I know the standard minimum 10 mins grace before and after parking, this leaves us 4 mins and 22sec short!

Should I use this for "The alleged contravention did not occur", i.e. vehicle was not parked for 2 hours?

Thanks again

The Keeper!

Fruitcake

You have 28 days to appeal. There is no 14 day deadline.

Send the appeal template in blue, unedited, from the Keeper.

Please tell us the full name of the PPC as there are several with similar initials.

Get pics of the site and signage ready for PoPLA.

What happened when the keeper complained not the landowner/store manager?

Forget mitigating circumstances, but mention the child on crutches at PoPLA as it could constitute an EA 2010 breach.

Le_Kirk

Your link made live: -
hxxps://photos.app.goo.gl/gEycCr9KDdmgqTnV8


............ and now killed again due to reports of personal information contained within link.

TrivialT

Thanks.

Euro Car Parks is the PPC.

Keeper complained to retailer on the site. They apologised and offered me a £10 voucher but said I'd have to go direct to ECP. I haven't found out who owns the land yet, what is the simplest way to do this please?

The_Deep

Furthermore, driver spent over £200 in Matalan that day.

Surely a complaint to Mtalan will get this cancelled?




[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, as it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]

TrivialT

The_Deep wrote: »

Furthermore, driver spent over £200 in Matalan that day.

Surely a complaint to Matalan will get this cancelled?

You would think so, wouldn't you? I even told them I couldn't afford to pay the fine and keep the shopping so I would bring it all back (wife wasn't happy with me though!)

The_Deep

Take it all back, and write bad stuff on their website feedback page. Buy a share and make a scene at their AGM, hand out leaflets at their door, hire a loudhailer.

Fruitcake

TrivialT wrote: »

You would think so, wouldn't you? I even told them I couldn't afford to pay the fine and keep the shopping so I would bring it all back (wife wasn't happy with me though!)

That is exactly what I would do.

There are two grace periods in the BPA CoP. You should have a look at that ready for PoPLA. Section 13 I believe.

Fruitcake

Le_Kirk wrote: »

Your link made live: -

That link appears to have the OP's real name, especially as their initial appears to be part of their username.

Trivial, you need to delete your link and upload it under a false name. Also make sure there are no personal photos in the album!

TrivialT

Have deleted image link for now due to name, couldn't see any personal photos via link though. Will see if I can set up a link elsewhere.

Meanwhile, I've spammed Matalan's facebook. But again from an account in my name. Is this also an issue?

Ralph-y

who did you speak to at Matalan ? customer services ? the manager?


you should all so email Matalan CEO to complain.


Ralph:cool: