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Sainsburys/ECP NTK served because of overstay caused by Covid restrictions

BMH_123
BMH_123 Posts: 18 Forumite
10 Posts
edited 7 January 2021 at 12:30PM in Parking tickets, fines & parking
Hi all,

I've been reading up on the appeals processes and forum threads and I can't seem to find a precedent that applies in this case so I hope someone here may be able to assist as I'm a total newbie to this.

Car was parked longer than the maximum period allowed in a Sainsbury's car park controlled by Euro Car Parks, where it states on signage that 2hrs is the maximum stay. However,  was there for 21mins longer than the 2hrs allowed, because, firstly, you had to queue to enter the store, and then whilst shopping, it takes longer than usual in order to maintain social distancing and shop safely (with till queues also being longer). Was also shopping for someone else that day who was self-isolating and needed assistance, further lengthening my time in store. Do not have any receipts from the day though.

Having had an appeal rejected by ECP where it was stated the delay was due to Covid restrictions and there were still plenty of spaces in the car park, thus no material loss to Sainsbury's, wondering whether I need to now appeal to POPLA and what can be used in defence. Due to the novel circumstances created by Covid-19, I am assuming there is no legislation or precedent to support my appeal and it rests upon the adjudicator simply having a "good day" and being lenient in light of the circumstances. Would this be the case? Or is there existing wording I am yet to track down that would help my cause?

Realise now that the first port of call should have been contacting Sainsbury's themselves, but as I have appealed to ECP and had that rejected, am I now unable to utilise that method? Also worth noting I have not identified the driver to ECP.

Any assistance and advice would be greatly appreciated! As I'm sure we all agree here, pointless fines during a pandemic and close to Xmas are pretty scummy but I'm not sure how best to get them to drop the fine.

Many thanks!
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 6 January 2021 at 8:07PM
    As above , how did you miss plan A , the very first thing you should do !!!

    Impossible to miss

    If the local manager does not help , complain direct to the CEO

    Read the first post of the newbies thread about appealing as keeper to ECP , as you have done , then to Popla. Check if the NTK PCN complied with POFA too, or not

    Your case is not new , it's one of the most common on here , seen daily
  • Umkomaas
    Umkomaas Posts: 43,797 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I realise now that my first port of call should have been contacting Sainsbury's themselves, but as I have appealed to ECP and had that rejected, am I now unable to utilise that method? 
    Not at all.  Even better, let the store manager instruct ECP to cancel!  Don't tell the store that you've appealed and been rejected, otherwise they will say they can't (won't!) intervene. Don't give them that opportunity. 
    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
  • BMH_123
    BMH_123 Posts: 18 Forumite
    10 Posts
    Redx said:
    As above , how did you miss plan A , the very first thing you should do !!!

    Impossible to miss

    If the local manager does not help , complain direct to the CEO

    Read the first post of the first newbies thread about appealing as keeper to ECP , as you have done , then to Popla. Check if the NTK PCN complied with POFA too, or not

    Your case is not new , it's one of the most common on here , seen daily

    I guess in my haste and slightly panicked state I just went straight to the ECP appeal. And I think the NTK complies with POFA as far as I can tell. Nothing suggests it doesn't align with others on here but then again I don't really know what I'm looking for.
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you complained to your MP?
    You never know how far you can go until you go too far.
  • BMH_123
    BMH_123 Posts: 18 Forumite
    10 Posts
    D_P_Dance said:
    Have you complained to your MP?

    No I haven't as yet. I'm thinking it may be worth cc'ing them in when I email the store, as well as cc'ing in Sainsbury's customer care too. Although currently having issues finding out a direct email for the store, without guessing it with the naming conventions for Sainsbury's staff supposedly in place (e.g. firstname.lastname@sainsburys.co.uk) as a fair few businesses have changed that now to a more random selection to avoid phishing scams
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 17 December 2020 at 6:47PM
    Then go to head office with the complaint !! CEO email dot c*m
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    BMH_123 said:
    D_P_Dance said:
    Have you complained to your MP?

    No I haven't as yet. I'm thinking it may be worth cc'ing them in when I email the store, as well as cc'ing in Sainsbury's customer care too. Although currently having issues finding out a direct email for the store, without guessing it with the naming conventions for Sainsbury's staff supposedly in place (e.g. firstname.lastname@sainsburys.co.uk) as a fair few businesses have changed that now to a more random selection to avoid phishing scams
    Good idea.

    I was also shopping for someone else that day who was self-isolating and needed assistance, further lengthening my time in store. I do not have any receipts from the day though.
    The transaction will be retrievable and checkable easily by Sainsburys if you scanned his or her (or your) Nectar card.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • BMH_123
    BMH_123 Posts: 18 Forumite
    10 Posts
    edited 7 January 2021 at 12:32PM
    BMH_123 said:
    D_P_Dance said:
    Have you complained to your MP?

    No I haven't as yet. I'm thinking it may be worth cc'ing them in when I email the store, as well as cc'ing in Sainsbury's customer care too. Although currently having issues finding out a direct email for the store, without guessing it with the naming conventions for Sainsbury's staff supposedly in place (e.g. firstname.lastname@sainsburys.co.uk) as a fair few businesses have changed that now to a more random selection to avoid phishing scams
    Good idea.

    I was also shopping for someone else that day who was self-isolating and needed assistance, further lengthening my time in store. I do not have any receipts from the day though.
    The transaction will be retrievable and checkable easily by Sainsburys if you scanned his or her (or your) Nectar card.

    Ah no Nectar cards here. But I suppose if worst comes to worst one can retrieve a card transaction from statements for the day, although that may be a little loose.
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