Need PCN Advice!

Sylith

Coupon-mad said:

Wow if you find it we'd like to see it!

As the address is the same, why not address it to both - oh and attach a photocopy of the PCN as well.

Brilliant, thank you for your help. And does that mean I should be sending it as a physical letter? For some reason I assumed it would be emailed so glad you said that!

Coupon-mad

Maybe both.

Sylith

Well, I've finished my letter and will be sending it off after a final check to punctuate it properly. I intend to send it to the listed office on the landowners company house page but I still have some questions...
a) Aviva is a huge company, not just an investment firm, so who do I address the letter to if anyone? And do I need to include my PCN number?

b) Who ought I send an electronic copy to for best effect? 

Dear Sir,

I am writing to complain about the parking management company that is operating on land owned/managed by you.  I’ve been unreasonably issued a PCN while parking on this land and wish to bring the unfairness of their actions to your attention. 

I stopped parking at Haven Banks Retail Park last year after Smart Parking LTD previously sent me a PCN, using photos of two cars with different number plates, to falsely accuse me of an overstay. Despite paying for my parking, I had my details taken from the DVLA database and a letter sent to me asking for a ridiculous penalty to be paid even though the ANPR photos showed a car that was not my own.

I recently decided to give this car park the benefit of the doubt and see if it had improved. On the 28th May, I paid for 3 hours of parking, however, I received a PCN later that week due to an alleged 18 minute overstay because of Smart Parking LTD’s inappropriate contract. They are trying to charge me an excessive penalty on the basis that I entered into a contract with them as soon as my car entered the car park (as opposed to upon purchase of a ticket). This sort of predatory behaviour is obscene. To try and claim that a contract is entered immediately upon entry is ridiculous at the best of times, but it’s made even worse by the fact that Smart Parking LTD have not complied with BPA guidelines stating that signage should be both legible and conspicuous. If the contract is to start upon entering the car park then the terms of that contract should be clearly visible when entering. However this is not the case as the sign not only contains substantial small print but is also on the wrong side of the entrance! It is not legible upon entering the car park while obeying road laws which is completely inappropriate. I should imagine this is done intentionally to try and stop customers from seeing the terms (which would be another BPA violation) because no thinking person would put a small-font sign on the wrong side of the entrance and believe that constitutes legible, conspicuous signage that’s easy to understand at the commencement of the contract.

The terms and conditions of the contract also imply that the only means of purchasing parking time is by  ‘payment machine’ on site which is not the case (once again failing to meet BPA code of practice by not making the contract intelligible or easy to understand). Only upon entering the car park (unknowingly having already entered into a contract which is not an appropriate time to find out new information), I learned that there was also the option to pay via mobile app. Considering that we are in the middle of a global pandemic, I think any reasonable person would be sympathetic to the fact that I wanted to pay via mobile app rather than touch the parking machine, used by countless other people, with no measures in place to keep it sterile. This is the reason that I had 18 minutes of unpaid time. I had to download the mobile app using mobile data (a notoriously slow process) and then create an account, enter my details and PAY for my parking. I’d like to reiterate that I paid for the FULL amount of time that I was not present in the car park. A grace period of 10 minutes is owed as a BARE MINIMUM. This would mean that I was only without a valid ticket for 8 minutes. To try and charge me  a £54/£90 penalty as a paying customer trying to mitigate risk of COVID-19 transmission because I had unknowingly entered into a contract, the terms of which had not been appropriately outlined is despicable.

As mentioned, Smart Parking LTD are trying to get me to now pay £90 which I believe a judge (or any reasonable person) would deem to be another BPA violation. The BPA code of practice clearly states that any charges must be “proportionate and commercially justifiable“. I find it hard to believe that my 8 minutes of unpaid time justifies a £90 fine when you take into account the following:

a) I was still a paying customer and Smart Parking LTD received payment for 3 hours parking.

b) The car park was not busy on the day of the parking and this is evidenced in the attached receipt.

This charge is just an attempt to scam a genuine, returning customer. I cannot express how annoyed I am that Smart Parking LTD have once again tried to swindle me our of £54/£90 - this time for trying to take measures to stay safe. I gave this car park another chance and have once again been harassed by the rogue parking company. Despite their inadequate signage, predatory terms, lack of understanding and recurring problem of issuing tickets incorrectly, they still continue to operate on your land. The car park has put me off returning for good if I have to fork out £90 to these scam artists and, with only 2 out of 60+ review garnering more than 1* (LINK HERE BUT I CANT POST LINKS YET), it seems that others are feeling the same way. I will be informing the appropriate MPs to try and prevent big companies threatening individuals with non-reflective charges and I hope that by writing this letter, you’ll will be informed of the malpractice that is taking place on your land and be able to take the appropriate action to ensure that a reputable company takes over to ensure that customers like myself feel comfortable visiting the retail park.

Yours sincerely, XYZ.

Sylith

And is it recommended to get signed for delivery at the other end?

MistyZ

Sylith said:

a) Aviva is a huge company, not just an investment firm, so who do I address the letter to if anyone? And do I need to include my PCN number?

b) Who ought I send an electronic copy to for best effect? 

Did you identify the CEO?  There's no problem addressing the email  / letter to them.  If they get 'their people' to handle it then so be it, but aim high.  Huge companies can and do help, believe it or not.  

Sylith

MistyZ said:

Sylith said:

a) Aviva is a huge company, not just an investment firm, so who do I address the letter to if anyone? And do I need to include my PCN number?

b) Who ought I send an electronic copy to for best effect? 

Did you identify the CEO?  There's no problem addressing the email  / letter to them.  If they get 'their people' to handle it then so be it, but aim high.  Huge companies can and do help, believe it or not.  

I have got the CEO of Aviva Investors (the asset managers) but not of the landowners. I can definitely send a copy to him electronically. It's unlikely that he would get a physical letter as the company is likely to be mostly working from home. I'm not sure if there's anyone else I ought to send it to but I guess sending it to him is better than sending it to no one and I may just have to go through PoPLA

thingamaBob

It would seem quite likely that Gobafoss is a subsidiary company of the Aviva Group. The 2 current directors as listed at Companies House, are both also directors of various Aviva companies. The Aviva address is the registered address of over 100 companies which may all be Aviva subsidiary companies.

I would suggest you address your letter to:- Mr Euan G Munro, Chief Execuitive Officer, Aviva Investors, St Helen's, 1 Undershaft, London EC3P 3DQ

After Dear Sir, I would add a heading, Re Gobafoss General Partner Ltd,
                                                              Car Park, Haven Banks Retail Park, Exeter

In your 1st paragraph, change you to Aviva Investors.
I am writing to complain about the parking management company that is operating on land owned/managed by you. Aviva Investors.

MistyZ

Don't overthink this Sylith .... you have every right to complain to the land owner, asset managers, land management company ... anyone and everyone who may have contracted the PPC.  And if your complaint falls on deaf ears, you get straight back to them.  

If you draw a blank, respond with a hard-hitting yet still basically polite summary - a slightly longer version of 'payment was made, PCN given on spurious basis - cancel this!'  No matter how big & impressive a company is, there are always people who won't / can't read more than a paragraph.  I reckon your complaint cuts the mustard but kind of wish you'd cut to the quick a bit sooner ....  

D_P_Dance

Read what Pete Wishart MP said recently in the House of commons about Smart Parking..  If you have not yet complained to  your MP, send a copy to him/her.

"I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.
…
The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices.

Le_Kirk

After paying for my parking, I left the car park, came back to the car park and removed by the car all within the 3 hours that I paid for.
I cannot express how angry I am that Smart Parking LTD have once again tried to swindle me our out of £54/£90 (an outrageous amount that does not reflect the loss to the company since the mobile app shows that the car park was not at all busy on that day and that I was still a paying customer), This this time for trying to take measures to avoid the spreading of COVID-19.

Just a couple of changes I would make.  I would remove the part about no loss to the company as it has not been a valid argument for some years but I would leave in the part about being a paying customer of the retail park AND of SMART Parking!

If you send it by post (as well as e-mail) do not use a signed for service as, if they refuse to sign for it, there is absolute proof of non-delivery - not what you want.  Better just to get a certificate of posting from a post office counter.