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PCN for overstaying when I actually entered & exited twice in a day

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Seems to be over 4 hours and definitely well over 2 hours , so let's assume it was more than a 2 hour gap , however the PCN is not for going twice in one day , it's supposedly for a long single stay , totally different , so it's irrelevant on the grounds that the parking company have not alleged 2 visits in rapid succession
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No return within two hours is likely, imo, to be considered by a judge as an unfair term in a consumer contract.  Is  the car not allowed to return, or the driver of that car?  What about a different driver?    
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 44,431 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 25 February 2020 at 4:19PM
    John464 said:
    tehone said:
    John464 said:
    Quick google shows 'their signs do state a "No return within 2 hours".'
    http://www.forums.pepipoo.com/lofiversion/index.php/t113801.html
    are you sure that was not on the signs at the car park you visited?

    Even if it was signage, there was a more than 2 hour gap according to the OP
    I can't see where the OP states the length of the gap.
    This does effectively. 
    Trouble is that they have missed an exit very shortly after 11.59 (we only went in to get some money at the cash machine in the supermarket) and then another entry shortly before 16.19 (I went back in for some shopping in the afternoon). 

    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street

  • Even if it was signage, there was a more than 2 hour gap according to the OP


    Even if it was signage, there was a more than 2 hour gap according to the OP
    I can't see where the OP states the length of the gap.

    Yes --- I was in at 11.59 and back a few minutes later. Then back in at about 4pm or something like that (but certainly >2 hours after my first entry) and then out in 10 mins or so.
  • Ralph-y said:
    If the supermarket owns the car park then they can cancel... which supermarket was it ... some are better than others

    Ralph B)

    The car park is theirs, not the supermarket.
  • Fruitcake said:
    You could also send an SAR to the scammers as per the NEWBIES asking for all four images showing your vehicle and its VRM. If they refuse or only provide two, then complain to the ICO, again with proof that the car left and returned. The car passed the scamera four times so there must have been four images in total. You want to know what has happened to the other two.

    I am thinking of doing that. They have sent me a rather aggressive reply saying that as far as they are concerned the matter has been resolved by the negative judgement from POPLA, which has only !!!!!! me off even further! 
    I'll check the NEWBIES section and advice on how to send the SAR. Is it worth also writing to my MP?

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 25 February 2020 at 6:01PM
    ECP only manage the supermarket car parking , on behalf of the supermarket , like they do at my local Morrissons , where Morrissons own both the supermarket and the car park as well

    the point is to complain to the CEO of the supermarket by email and get it cancelled by them, on your behalf

    a SAR is emailed to the DPO at ECP with a copy of the V5C as proof of I D under GDPR

    ITS ALWAYS WORTH COMPLAINING TO YOUR MP, BECAUSE WE ARE ALMOST 12 MONTHS AFTER SIR GREG KNIGHTS BILL WAS GIVEN ROYAL ASSENT , AND STILL NO ACTION

  • the point is to complain to the CEO of the supermarket by email and get it cancelled by them, on your behalf

    Thank you --- I didn't think it would make a difference, although I had thought of that. I will also do it. It really, really is about the principle --- I feel like I've been mugged!
  • MistyZ
    MistyZ Posts: 1,820 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    giabaio said:
    Thank you --- I didn't think it would make a difference, although I had thought of that. I will also do it. It really, really is about the principle --- I feel like I've been mugged!
    Yes, this is one long drawn-out mugging.  And assuming ECP are the supermarket's agents - and they most likely are - the supermarket may not wish to be complicit.  Landowner complaints very often work and a lot depends on the level of conviction / determination / clarity re. circumstances demonstrated by the complaint.  

    The supermarket's CEO will doubtless be familiar with 'double-dipping' but the details need to be explained to him or her nonetheless.  
  • Ralph-y
    Ralph-y Posts: 4,820 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    who is the supermarket?

    Ralph B)
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