Received a PCN from Euro Car Park that no longer has a store but still owns car park

KitKatKen

Hello everyone, I hope you are all well.

This is not my first rodeo regarding fighting these invoices and need no advice in that respect but I have received a PCN and need your opinion on replying to a refusal of assistance from the store that owns the car park.

Two weeks ago I received a PCN for overstaying in a Morrison's owned car park by 33 minutes. I immediately emailed the CEO of Morrison's and received a reply two days later from their PCN department asking for proof of shopping at Morrison's and then they would gladly help. I explained that there is no Morrison's store to shop at and that their car park is used to shop in the town it is located in. I then received a reply that included "We can only look into car parking charges when the customer has been shopping in our store".

Now at first, I thought ok time to appeal but then after a while thought this reason was rather weak so have put together a stronger reply and would appreciate your opinion, please.

FYI I am a stroke survivor and have to walk very slowly.



"Hello xxxxxx,

Thank you for your response.

I have to say, I find your reason for denying me assistance in this matter confusing as it is impossible to shop at a store that does not exist. If a Morrison's store was available I would shop there instead of in town.

However, Morrison's are still the owners of the car park in question and your decision forces me to go through the appeals process of the BPA and I need to make you aware should this appeal fail and Euro Car Parks take me to court, I will have no choice but to defend myself and will cite 'disability discrimination' under the 'Equality Act 2010' that clearly states:

A person who takes longer to shop due to being a stroke survivor is LEGALLY entitled to a 'reasonable adjustment' of more time.

Morrison's and Euro Car Parks have made 'no provision for people with protected medical characteristics by offering any information on how to ask for more time as is their legal right'. (Had a Morrison's store existed, I would have asked customer services for more time).

I have already stated in my first email to the CEO, Mr Potts, of my disability, therefore Morrison's and Euro Car Parks Ltd, are now 'jointly and severally liable' for 'direct discrimination' under the Equality Act 2010.


Would you please reconsider and ask Euro Car Parks to cancel this charge.


Regards


Blah Blah Blah"





My question: Is the above reply too aggressive? Should I tone it down and make it more polite and remove some of the legal definitions regarding the equality act or do you think I should not reply at all and just get on with the appeal?


Many thanks in advance.


 

D_P_Dance

I am all for robust letters of complaint where PPCs are involved.

Le_Kirk

D_P_Dance said:

I am all for robust letters of complaint where PPCs are involved.

So am I am I and I applaud your polite but firm letter.  It should, however, start "Dear Sir" and finish "yours faithfully" and not "Hello" and "regards", keep it business-like.  I would also give them a time scale for responding.

KitKatKen

Le_Kirk said:

D_P_Dance said:

I am all for robust letters of complaint where PPCs are involved.

So am I am I and I applaud your polite but firm letter.  It should, however, start "Dear Sir" and finish "yours faithfully" and not "Hello" and "regards", keep it business-like.  I would also give them a time scale for responding.

Thank you Le_KIrk, 

Excellent advice. 

Umkomaas

Is this a car park to a former Morrisons store that has closed/relocated?  Are there any other stores sharing the parking facility?

If it is just the former I'd remind Ms that they have abandoned the site, ask if they still own/lease it, and are they currently/still the principal party to the contract with ECP for that particular site?

KitKatKen

Umkomaas said:

Is this a car park to a former Morrisons store that has closed/relocated?  Are there any other stores sharing the parking facility?

If it is just the former I'd remind Ms that they have abandoned the site, ask if they still own/lease it, and are they currently/still the principal party to the contract with ECP for that particular site?

Excellent questions, Umkomaas.

Yes, the store closed in November 2019 and there is a Travelodge that I believe let their customers use the car park.

Morrisons signed a 25-year lease agreement with the site owners in 2014 and are currently offering to sub-let.

I will respond to the young lady at the PCN department at Morrisons and ask if they are the main party to the contract with ECP for that site.

Many thanks, Umkomaas.

KitKatKen

Hello everyone, I hope you are all well?

I just wanted to take this opportunity to thank all who gave advice regarding my email to Morrisons and my parking issue.

I asked Morrisons if they were still the principal party to the parking contract (thank you Umkomaas) but received no answer so I visited the car park again to see several parking signs clearly stating "Managed by Euro Car Parks" "On behalf of Morrisons" which was good enough for me.

I emailed the above message to Morrisons requesting they cancel the parking charge within 7 days but disappointingly received no answer.

So I have started the appeal process and will focus on the fact that there is nothing in place on how a disabled person can ask for additional time.

I will let you know the outcome at the end of my appeal.



Many thanks, and have a wonderful Christmas.

1505grandad

Have you got your MP involved?

Coupon-mad

 "Managed by Euro Car Parks" "On behalf of Morrisons" 

A disclosed principal if ever we saw one!

KitKatKen

1505grandad said:

Have you got your MP involved?

I did consider writing to my MP but thought the issue may be too trivial for them?

Thank you

patient_dream

KitKatKen said:

1505grandad said:

Have you got your MP involved?

I did consider writing to my MP but thought the issue may be too trivial for them?

Thank you

The great big parking scam is not trivial so complain to your MP