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Sainsbury's Colliers Wood overrules ECP robbery - it's an open and shut case

Vic20
Vic20 Posts: 23 Forumite
Fourth Anniversary 10 Posts Name Dropper
edited 8 September 2021 at 9:43PM in Parking tickets, fines & parking
Visited a Sainsbury Superstore a few months ago on a Sunday just after it closed at 5pm, but not knowing it closed at 5pm.

There were still lots of cars in the car park and by the time we had parked up, unloaded everyone, grabbed the bags, walked to the building entrance, up the escalator and over to the entrance, several mins had already passed.

The store being closed, we trudged back to the car, got everyone back in and had a quick look online to find another Sainsbury before driving off.

A week later, ECP drops an NTK with a PCN saying that after 5pm, parking is only allowed for 10 mins max so pay up.

Long story short, we complained directly to the Sainsbury store and they kindly agreed to get the ticket cancelled with confirmation from both Sainsbury and ECP received.

The following were mentioned as reasons for requesting the PCN be cancelled:

- we were regular Sainsbury customers and it was a legitimate visit (lots of receipts to back this up)
- have kids so unloading / loading takes time
- Sainsbury entrance is not in the actual car park
- the car park is covered / underground and lighting is non existant making it difficult to find signs
- the actual ECP signage was unclear and not clearly visible on entry from the car
- access to signage was inadequate; it was either too high or at the end of the unlit car park so can't be easily read
- the ANPR picture provided merely showed an image of the number plate and wasn't even time stamped (we visit this store regularly)
- no planning permission for the pole mounted ANPR which is illegal

I used the basic format of my previous email template from the top of the page here and changed the wording and scenario for Sainsbury.

As mentioned many times on these forums, Plan A is the one to follow in the first instance.

Have added this to the successful complaints thread here.

Comments

  • Fruitcake
    Fruitcake Posts: 59,417 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 September 2021 at 11:08AM
    Well done, and thanks for letting us know.

    Some outfits do have an override clause, but sadly far too many don't, or can't/won't use it.

    One minor point. Not having planning consent for a pole mounted camera is not illegal.

    Not having advertising consent for their signs is a criminal offence, but only the council can pursue it. Again, very few do.
    It's also a breach of paragraph 12 of the PoFA 2012 Schedule 4. 
    It is worth complaining to the council about this, and seeing if the local press are interested.

    Always complain to your MP about this unregulated scam.


    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Umkomaas
    Umkomaas Posts: 42,861 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Great result and great advice from @Fruitcake
    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
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