PCN Issued but Reg No Was Entered in Machine In Store - Newhall Walk Car Park, Sutton Coldfield

Redx

she can email a SAR to Excel for all of her data and include a requEst for the redacted PDT records due to what you have said above (you can compose it, she must send it from her email , with a copy of the V5C as proof of I D under the GDPR)

Excel have 30 DAYS to reply to a SAR with ALL of her data including machine records around the times she quotes (including the instore ones) , but redacted because she is not allowed to see the data for anyone elses details, only her own VRM entries, GDPR again, yet more legislation

but I still repeat , a landowner cancellation due to the EA2010 is still the best option here, always was , always is , always will be

you go to the organ grinder, not the monkey, if you want action

ianp_1977

Sorry, I misread your comment regarding the Landowner - my fault completely! 

but the solution is a landowner cancellation due to the EA2010, that will stop a court case from happening in the future, Excel have 6 years to try a court case (where the RK can counter claim under the EA2010 for example)

So I basically need to confirm who the landowner is and apply to them to have the ticket cancelled due to my mother being disabled and covered by the Equality Act 2010 as it is their responsibility to ensure that reasonable adjustments are made for disabled customers?  Then they will be able to get this done with Excel?

Can I just ask what "RK" stands for in the above paragraph please?

KeithP

So I basically need to confirm who the landowner is...

I would start by complaining to B&M. Visit the manager. Tell him that you and your family and friends will be unable to visit again if each shop comes with a £100 surcharge.

If no satisfaction - go upwards. To B&M's CEO, Managing Director, whatever.

RK = Registered Keeper.

Redx

see post 5 in the newbies sticky thread for acronyms , especially RK (think about the V5C that Motability keep)

your mum is the day to day keeper and she is registered as such with Motability , she is the lessee , the vehicle is leased to her by Motability for 3 or 4 or 5 years

bear in mind that in your story your mum did everything by the book, not her fault if technology fails , so the landowner should cancel the pcn and sort out the issues with the technology provider and Excel themselves to prevent a reoccurrence, hence the landowner complaint , their land , their contractor , their responsibility, because your mum has no idea where the fault lies and she complied with all instructions

I am sure that a judge will agree, but thats up to 6 years of hassle for a 73 yo and not what they want, so shortcut it with the landowner complaint (who are NOT b &m nor Excel either)

ianp_1977

Thanks Redx - I'll pop down there tomorrow and get a better photo of the sign which will hopefully have the address of the landowner on it somewhere and will approach then as you advised stating she did everything she was required to do, is disabled and covered by the Equality Act 2010 and request that they cancel the charge and investigate the issues with Excel Parking.  

Once again, a massive thank you for your advice.

ianp_1977

KeithP said:

So I basically need to confirm who the landowner is...

I would start by complaining to B&M. Visit the manager. Tell him that you and your family and friends will be unable to visit again if each shop comes with a £100 surcharge.

If no satisfaction - go upwards. To B&M's CEO, Managing Director, whatever.

RK = Registered Keeper.

Thanks Keith, I did actually go into B&M and spoke to a duty manager and he said that they have issues with the screens and have this issue a lot.  I actually initially went in after the ticket was issued to ask if I could get a copy of the CCTV as my mom knew which screen she used and as they are behind the tills I thought that the CCTV might show her entering the reg number on the screen but the footage had been overwritten a couple of days earlier which was annoying.  He said that they can't do anything but I will try again when I go down to take the photo of the sign tomorrow and see if a different manager has a different stance on it.  Failing that I'll contact head office and see if that helps.  The more options I try the more chance of her getting it overturned!!

Redx

I do not believe its on the sign

this link said the MA used to be Jones Lange LaSalle as the MA , https://forums.moneysavingexpert.com/discussion/5834422/newhall-walk-parking-sutton-coldfield-tangled-web, i GAVE THAT LINK EARLIER , so I would try them first,also asking the stores who the MA is , also asking who the landowner for the retail park is too

the landowner details can be obtained from the Land Registry for a small fee if necessary, probably INTU or British Land or a Pension Fund or an Insurance company etc (wont be on the signs but the MA might be)

so check with the shops regarding responsibility, who they rent from, who owns the land , complaint to their CEO asap

check and complain to the MA (if it is Savills they usually cancel on receipt of a complaint for example) , asap

finally track down and complain to the landowner, last of all

Coupon-mad

You need to complain to the RETAIL PARK MANAGING AGENTS, not just the stores. 
Google the place.  It is the managing agents who contracted with Excel.

 she said that after entering her number it went straight to the confirmation screen which said fee due: £0.00 thank you for parking at Newhall Walk Car Park.  As mentioned, these are just touch screen devices which don't print receipts so she has nothing to prove this other than my niece confirming it.

That is also illegal, under these Regs - VRM machines MUST produce a receipt (or email receipt) but they don't, and IMHO this breaks the law because the 'contract' has £100 charge riding on it:

http://www.legislation.gov.uk/uksi/2013/3134/made

Confirmation of distance contracts

16.—(1) In the case of a distance contract the trader must give the consumer confirmation of the contract on a durable medium.

(2) The confirmation must include all the information referred to in Schedule 2 unless the trader has already provided that information to the consumer on a durable medium prior to the conclusion of the distance contract.

(3) If the contract is for the supply of digital content not on a tangible medium and the consumer has given the consent and acknowledgment referred to in regulation 37(1)(a) and (b), the confirmation must include confirmation of the consent and acknowledgement.

(4) The confirmation must be provided within a reasonable time after the conclusion of the contract, but in any event—

(a) not later than the time of delivery of any goods supplied under the contract, and

(b) before performance begins of any service supplied under the contract.

(5) For the purposes of paragraph (4), the confirmation is treated as provided as soon as the trader has sent it or done what is necessary to make it available to the consumer.

“durable medium” means paper or email, or any other medium that—

(a) allows information to be addressed personally to the recipient,

(b) enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and

(c) allows the unchanged reproduction of the information stored;

ianp_1977

Redx said:

I do not believe its on the sign

this link said the MA used to be Jones Lange LaSalle as the MA , https://forums.moneysavingexpert.com/discussion/5834422/newhall-walk-parking-sutton-coldfield-tangled-web, i GAVE THAT LINK EARLIER , so I would try them first,also asking the stores who the MA is , also asking who the landowner for the retail park is too

the landowner details can be obtained from the Land Registry for a small fee if necessary, probably INTU or British Land or a Pension Fund or an Insurance company etc (wont be on the signs but the MA might be)

so check with the shops regarding responsibility, who they rent from, who owns the land , complaint to their CEO asap

In that last sentence, do you mean complain the the CEO of the shop asap?

Redx said:

check and complain to the MA (if it is Savills they usually cancel on receipt of a complaint for example) , asap

finally track down and complain to the landowner, last of all

Thanks - I will pop in and ask in B&M who the Managing Agent is and also if they know who the Land Owner is and will then complain to the MA and the Landowner.  

Redx

a CEO manages a company , not usually a shop (unless there is only one shop)

so in this case the CEO of b and m , who wont be in that shop but head office somewhere

but its the MA that is more important, as coupon mad says above, they are the go between and liaise between shops and the landowner, Savills do a lot of this MA work but that link mentions a different company, maybe its still them who are the MA ? I dont know, its your job to find out

yes, do that , start with the shop again, find out why no paper receipt is issued (I have been in several pubs and restaurants where no receipt is issued either, no harm in asking though) , then go to the MA and the landowner themselves (even if its the CEO of AVIVA for example)

recently we had one on here where it was AVIVA or some insurance company that owned it , they cancelled, we have been advising people to do this for years and during this lockdown many have succeeded , there were 2 this week on an EPS car park , same issues , same landowner for both, now that landowner and MA are aware of the actions of their sc@mming PPC known as EPS

Trafford Centre is INTU, they are now in receivership , so any parking charge there you would complain to the MA and also to INTU as well (under normal circumstances of course)