Sensible questioning or costly barrack-room lawyering: which?

Cark

s ever, my thanks to everyone for their help and advice. I'm indebted to Nosferatu as usual. I have endeavoured today though it's taken  longer and required more effort than I expected, to deal with Marks & Spencer's "Executive office" email to me in the same spirit that informed it. My response:

Dear. . . . . . . .

 Thank you for your email and expression of gratitude in regard to the photographs I provided of the illegal signage erected by Euro Car Parks at your company's Penrith store.I am pleased that you appear to have liked them.

 You may not know this, but this part of England is very photogenic, with dozens of professional photographers specialising in the imaging of the Lake District in all its moods.

 I am not one of that illustrious band, and in any event doubt that specialising in pictures of parking signs in Marks & Spencers car parks would be particularly remunerative -- it's such a niche market --  nor as aesthetically pleasing as a snow-capped Blencathra on a winter's day.

 I can always, of course, send the Executive Office photographs of a more scenic nature relating to this part of the world .

 For now though, I rather think you all have enough -- metaphorically speaking -- on your plate.

 In regard to image making, however, you should know that I have shared the photographs you appear to like with the Planning Authority, this as part of the process of my alerting it to the activities of Euro Car Parks and its evidently false claim to be an agent of Marks & Spencer.

 I have relayed to the Authority the information provided by your colleague that the car park at Marks & Spencers Penrith has nothing to do with Marks & Spencer but is owned and operated by a third party, Euro Car Parks, a point borne out by yourself in your note to me which explicitly states that Marks & Spencers is "unable" -- I have noted that word for the record -- "unable" to assist in the waiving of a £4 a minute extortion attempt by a business that has nothing at all to do with Marks & Spencer.

Obviously, were a contractual arrangement to exist between your company and Euro Car Parks, the relationship would -- to express it in non-legalese --be that of the organ grinder and the monkey.

As it is obvious from the correspondence so far received from yourselves that no such arrangement exists, then then it must be the case that Euro Car Parks is up to monkey business of its own in Penrith, filing planning applications and obtaining consents from the Planning Authority for signage that wilfully misleads the public into believing it is acting on behalf of your company.

 You should know that UK planning law is exceptionally strict about this kind of thing. Nor will the good people of Penrith be particularly impressed via their local newspaper.

 Seeing as neither you nor your Executive Office colleagues seem to have much awareness of what's involved from a planning point of view, be assured I intend to pursue this deception by Euro Car Parks Ltd and the righting of it as vigorously as I can -- my state of health permitting (this remains an important factor, and though one which I raised at length in my original letter to  Mr Rowe appears to have been lost amidst all the gratitude being expressed for my excellent car park pictures.)

 I will of course entirely reciprocate the courtesy and respect so far shown to me by yourselves and your company's Chief Executive by providing you with further news, as and when, of the situation in regard to the consequences of Euro Car Parks Ltd deplorable activities.

 In the meantime, please accept my sympathies for, and understanding of, how everyone at the most senior tier of Marks & Spencer management is so unutterably unable to do anything at all about the conduct of a predatory third party which owns and operates a  significant chunk of M&S's Penrith store location and must be so severe an embarrassment as a neighbour.

Finally, I cannot help but note the description of yourselves to me as "Your Customer Service" by way of assurance that Marks & Spencer so closely identifies with all its customers that the latter actually enjoy a possessive relationship with the former.

 In such circumstances, it must be as disappointing and frustrating for you as it is for me that this wholly unnecessary business of a threatened court case, debt collectors, intimidating letters and £4 a minute parking fees is not being promptly shut down at the behest of the aforesaid organ grinder to its aforesaid monkey.

 Regards:

Coupon-mad

Love it, such fun to read, keep going!

DoaM

All very amusing ... but I think you now need take heed of the old joke: How do you kill a circus? Go for the juggler.

MistyZ

DoaM said:

How do you kill a circus? Go for the juggler.

I think he has done so.  

beamerguy

Great letter Cark

If Mr Rowe continues to play hardball then he has a boss, the Chairman ... Archie Norman

https://corporate.marksandspencer.com/aboutus/our-leadership-team/archie-norman

D_P_Dance

I note in the sign that it forbids a return within two hours.  IMO this is an unfair  term in a consmnner contract under The Consumer Rights Act 2015.  What happens if you  leave you wallet there, do you have to wait twohours.  Also, what is the position when two different drivers park?

https://en.wikipedia.org/wiki/Unfair_terms_in_English_contract_law

IMO this also breaches one rights under The Human Rights Act.. an opinion shared with an MP last year in the debate on Sir Greg Knight's Bill.

nosferatu1001

I would have asked them some pointed questions, such as what will marks and Spencers do about a company filing planning applications apparently falsely claiming M&S own land they dont own? Otherwise love it. Humourous and cutting. 

Cark

Apologies ftr a seeming tardiness in coming back here when so many good folks are giving time and effort to helping, advising and encouraging (and, importantly, going to the trouble of researching aspects I've either failed at or have been unable to manage.)

Explanation for absence today is that ity has not been the best of days. Nothing dramatic in the slightest, except the diversion of having to travel a little distance from home for blood tests. These are a necessary preliminary to next Wednesday's return to hospital, where I'm once again in the hands of what must be one of the best NHS teams in the business, undergoing an angioplasty and possible stent insertion. (Which at least means I won't be taking up everyones' time mid-week, either.)

The massively frustrating thing about being lucky enough  to be still alive after a stroke is post-stroke fatigue. It hits hard,  unexpectedly, and frequently. I think I'd have been less exhausted today had I climbed Mount Everest instead of merely rolling up my sleeve for sharp pointy things to be shoved in. So whilst in a deep doze in bed (sleep isn't exactly the right word, as it doesn't necessarily attend complete immobility) I've received not one but two emails from Marks & Spencer:

"Thank you very much for contacting me. We are very keen to hear from all our customers and shareholders and appreciate you making the effort to write to me.
"I am sure you will understand that we receive a huge amount of feedback so cannot respond to every contact straight away. However, we do read every single one and a member of our team will be in touch shortly.
Thank you again.
Archie Norman
Chairman
Chairman@marks-and-spencer.com"

Very nice, even if a bit disappointing to see that Mr norman is not MY Chairman. Then again,  I wasn't aware I'd written to the Chairman. Must be more confused than I'd thought. However, in response to the email I sent yesterday to the Executive Office fans of my car park photography, the following has been received (can't fault M&S on its promptness):

Dear . . . .

Thank you very much for your email.

I do hope you are recovering well, and I am sorry that we cannot assist with your appeal.

You and your wife remain valued customers, and we hope you will not be deterred from shopping with us.

On behalf of our Executive Team, I am sorry we cannot help further.

Kind regards

. . . . . . . . . .
Executive Team
Your M&S Customer Service

Would've been good to respond equally promptly, but I can't manage the effort at the moment. Mrs C is nagging me to think nothing, do nothing, and say little over the coming weekend, so I shall only return to the fray on Monday.

I'm pleased someone at M&S has actually been charming enough to send best wishes for better health, though am still left wondering at the dissonance between what is said on on the architectural gem that is Marks & Spencer's, Penrith, trolley shelter and what has so far been said at Marks & Spencer's Executive Office.

On Monday it may be helpful if I amplify my disquiet by sending two more images from my acclaimed collection of pictures of "The Car Park Not Owned by Marks & Spencer at Marks & Spencer's, Penrith, Cumbria", seeing as how previous recipients were so pleased with them:

All best to everyone, have a great weekend, and thanks for help that's invaluable and greatly appreciated. Apologies for not addressing the most recent individual posts here;  I've come to realise  that words are like railway wagons in the marshalling yard of the brain. They need to be shuffled around onto a variety of different tracks and assembled in the right order before going anywhere. Tonight, right now, I'm not doing very well at that.

Fruitcake

You need definitive proof of landownership. The council can give you a good pointer but a copy of the Land Registry entry will absolute proof. 

It's up to you whether you want to pay the small charge to get it.

By the way, if you or any family member has a Fakebook account you can leave a negative comment on their Penrith store page to warn other shoppers about a genuine customer being caught by what our MPs across all parties have called an unregulated scam operated by cowboys and bloodsuckers, but M & S have refused to cancel the charge.

https://www.facebook.com/Marks-and-Spencer-1091616560931577/

beamerguy

You and your wife remain valued customers, and we hope you will not be deterred from shopping with us.

On behalf of our Executive Team, I am sorry we cannot help further.

Kind regards

. . . . . . . . . .
Executive Team
Your M&S Customer Service

Amazing how arrogant and ignorant the M&S Executive team are. Of course people will be deterred with such a bad attitude problem    Only 3 months ago M&S reported sales were down by 5.5%, they cannot afford to have an attitude problem.   Such stupidity only means that more will shop online with other suppliers.