Matalan/EuroCarParks/Overstaying

robod

Hi All,

Can you please point me in the right direction as  I'm not sure how to word the appeal letter.

The car was parked at Matalan carpark on 7/10 for 2 hours 31minutes which is 31 minutes longer than the maximum period allowed.

The registered keeper has received NTK on 22/10 which I believe is longer than the 14 day period as per PoFA paragraph 9.5 (14 days beginning with the day after that on which the specified period of parking ended). However, the issue date is 16/10 (Saturday!?).

Just to clarify, I'm neither the keeper nor the driver, but I was there. We genuinely spent 2.5 hours at Matalan and spent over £120 there. I tried Plan A and called Matalan customer services who had no clue and pointed me at the shop manager. Called the shop manager who gave me the expected response "It's not us, we can't do anything, talk to Euro Car Parks".

So, it looks like I need to go to Plan B and I obviously need to appeal before they progress it further.

I'm planning to mention the following:

- We were shopping there for the period the car was parked and I can provide a copy of my credit card statement showing the charge and date.

- The charge (£85) is unfair and disproportionate the loss given that we actually spent £120+ there.

- The NTK was received too late thus no keeper liability, but I'm not sure if I can claim that due to the date of issue being within the limit. Apart from that it seems that the NTK is PoFA compliant.

- I will take photos of the car park signs. Looking at Google Maps there is a sign at the entrance, but very little chance of reading it while driving as it's on the corner.

However, I'm unsure how to word the appeal letter.

The "one size fit all template" in the NEWBIE thread doesn't really cover what I need.

The template in step1 here: https://www.moneysavingexpert.com/reclaim/private-parking-tickets/ seems fairly comprehensive, but I'm not sure if it's still valid/accurate.

Then Citizen Advice (https://www.citizensadvice.org.uk/law-and-courts/parking-tickets/appealing-parking-tickets/appealing-a-parking-ticket/challenge-private-parking-ticket/) and Which (https://www.which.co.uk/consumer-rights/letter/letter-to-contest-a-parking-ticket-on-private-land-aJmNW6x0zyDt) and Parking Cowboys (https://www.parkingcowboys.co.uk/appeal-letter/) and now I'm getting lost which one is the best to use.

Thanks

Redx

You do nothing , you are neither the keeper or driver !! You are at best a witness

The NTK recipient appeals using the blue text template from the newbies FAQ sticky thread near the top of the forum in announcements , not identifying the driver but can state any issues as an additional sentence , plan B

But plan A is the first stage , an email complaint to Matalan , or better still to the retail park management , or the actual landowner , especially if Matalan won't help ( complain by email to the Matalan CEO )

No going off piste , follow the advice in the newbies FAQ sticky thread , or rather the victim named on the NTK PCN does it , nobody else , especially not a witness , but you can and should assist

tboo

robod said:

The registered keeper has received NTK on 22/10 which I believe is longer than the 14 day period as per PoFA paragraph 9.5 (14 days beginning with the day after that on which the specified period of parking ended). However, the issue date is 16/10 (Saturday!?).

- The charge (£85) is unfair and disproportionate the loss given that we actually spent £120+ there.

- The NTK was received too late thus no keeper liability, but I'm not sure if I can claim that due to the date of issue being within the limit. Apart from that it seems that the NTK is PoFA compliant.

However, I'm unsure how to word the appeal letter.

The "one size fit all template" in the NEWBIE thread doesn't really cover what I need.

The template in step1 here: https://www.moneysavingexpert.com/reclaim/private-parking-tickets/ seems fairly comprehensive, but I'm not sure if it's still valid/accurate.

Then Citizen Advice (https://www.citizensadvice.org.uk/law-and-courts/parking-tickets/appealing-parking-tickets/appealing-a-parking-ticket/challenge-private-parking-ticket/) and Which (https://www.which.co.uk/consumer-rights/letter/letter-to-contest-a-parking-ticket-on-private-land-aJmNW6x0zyDt) and Parking Cowboys (https://www.parkingcowboys.co.uk/appeal-letter/) and now I'm getting lost which one is the best to use.

The charge is a non-starter - if the car park was free then look up the Beavis ruling

I may be wrong so apologies.

If the parking co posted the demand on 16/10 (Sat), then it's accepted to have been delivered within 2 days, so 19/10, this is within the time limit, as RM letters can be late this is not ECP's fault.

BIB - follow the Newbie stickie, which details the steps, templates to use and threads to look at - I believe it is not advisable to use the main MSE one.

robod

Redx said:

You do nothing , you are neither the keeper or driver !! You are at best a witness

The NTK recipient appeals using the blue text template from the newbies FAQ sticky thread near the top of the forum in announcements , not identifying the driver but can state any issues as an additional sentence , plan B

But plan A is the first stage , an email complaint to Matalan , or better still to the retail park management , or the actual landowner , especially if Matalan won't help ( complain by email to the Matalan CEO )

No going off piste , follow the advice in the newbies FAQ sticky thread , or rather the victim named on the NTK PCN does it , nobody else , especially not a witness , but you can and should assist

Of course. The appeal and all communication will be coming from the keeper. I am just doing the leg work and advising.

Are you saying that being a paying customer and late delivery of NTK is irrelevant now or at POPLA stage and the keeper needs to rely on a missing car picture, sign picture or no contract with the landowner? Or should they include the credit card statement as evidence?

Looking at the template, there was no PDT machine so that paragraph is irrelevant and as this was a free car park the grace period isn't relevant either, correct?

Regarding Plan A. Finding the CEO of Matalan is actually very difficult since the previous one stepped down in 2020. There's no information who actually is (only who will potentially be at 2020). But I will try, but based on what people reported I doubt I will get a response.

Thanks a lot. Your (and everyone else) advice is much appreciated.

Redx

robod said:

Redx said:

You do nothing , you are neither the keeper or driver !! You are at best a witness

The NTK recipient appeals using the blue text template from the newbies FAQ sticky thread near the top of the forum in announcements , not identifying the driver but can state any issues as an additional sentence , plan B

But plan A is the first stage , an email complaint to Matalan , or better still to the retail park management , or the actual landowner , especially if Matalan won't help ( complain by email to the Matalan CEO )

No going off piste , follow the advice in the newbies FAQ sticky thread , or rather the victim named on the NTK PCN does it , nobody else , especially not a witness , but you can and should assist

1) Of course. The appeal and all communication will be coming from the keeper. I am just doing the leg work and advising.

2) Are you saying that being a paying customer and late delivery of NTK is irrelevant now or at POPLA stage and the keeper needs to rely on a missing car picture, sign picture or no contract with the landowner? Or should they include the credit card statement as evidence?

3) Looking at the template, there was no PDT machine so that paragraph is irrelevant and as this was a free car park the grace period isn't relevant either, correct?

4) Regarding Plan A. Finding the CEO of Matalan is actually very difficult since the previous one stepped down in 2020. There's no information who actually is (only who will potentially be at 2020). But I will try, but based on what people reported I doubt I will get a response.

Thanks a lot. Your (and everyone else) advice is much appreciated.

1) good

2) I did not comment on any of this , so I am not saying anything at all about those topics. I said that extra sentences can be added , it's only a template to cover the basics , but no identifying the driver unless the claimant has complied with POFA

3) the PDT machine is irrelevant but grace periods are ALWAYS relevant and defined in the BPA CoP , for both payment and free car parks , no distinction between them at all , the relevant CoP clause 13 covers grace periods , so only half correct. It would be difficult ( but not impossible ) to explain 31 minutes as one or two justifiable grace periods

4) then complain to the retail park management as I said earlier ( did you miss that valuable information ? ) , because it won't be Matalan who own the land , most retailers use a lease. Including Matalan. You said it was a Matalan car park , but it may be just a private car park next to Matalan !

Coupon-mad

should they include the credit card statement as evidence?

Definitely. I think ECP will cancel.

Add that the Store manager and Head Office of Matalan have both received a complaint, given the large total spend and the keeper asks that the PCN is cancelled.

Remove the template lines that are not relevant, of course.  I am constantly amazed so many people don't and seem incapable of adapting a template sensibly.  I am glad you are.
.

Fruitcake

As above, The Keeper should appeal using the template in blue text from the NEWBIES. The reference to PDT can be removed, or it can be left in. The template does say, "If ..." This is why it is called a "one size fits all" and fits the situation perfectly.

Mention the date the NTK arrived therefore it is non-compliant anyway. The PoFA states in paragraphs 8 and 9 

(2)The notice must—

(i) specify the date on which the notice is sent (if it is sent by post) or given (in any other case), which may or may not be the date it was produced. 

The date on the NTK is not necessarily the date it was sent (posted). 

Compare the NTK with the PoFA 2012 to see if it is or isn't PoFA compliant. If it isn't then say so in the appeal.

The charge being unfair and disproportionate to the loss is six years out of date because it was sunk b y the Beavis case in the Supreme Court. 

The information you found on the "official MSE parking page" should be wiped off the face of the earth. It is old, out of date, and in some cases it is completely incorrect." 

CAB are very good at some things, but are clueless when it comes to unregulated private parking companies.

The keeper should include any (redacted) proof of patronage from "an occupant of the car who was neither driver nor keeper".

Complain in writing to the store manager and/or CEO. Never contact customer services.

Complain to the landowner or retail park manager/CEO.

Complain to The Keeper's MP.

Fruitcake

According to the www.!!!!!! website, the CEO is a Mr S Johnson who has been a Director since July 2020.

It also lists all the officers of the company (secretary and directors). Companies House will also tell you the names of active officers.

KeithP

Your link doesn't work @Fruitcake.
I think we both know why.                   

Fruitcake

KeithP said:

Your link doesn't work @Fruitcake.
I think we both know why.                   

That's strange. I checked it and it worked after I had posted but you are right, it doesn't work now.

DW190

robod said:

Regarding Plan A. Finding the CEO of Matalan is actually very difficult since the previous one stepped down in 2020. There's no information who actually is (only who will potentially be at 2020). But I will try, but based on what people reported I doubt I will get a response.

ceoemail  .  com