PCN from Brittania parking believed not POFA compliant

Redx

I wouldn't be naming the driver , not to the shop , or anyone else , seeing as you have 2 non POFA compliant PCNs to appeal and to win

Get them cancelled by appealing to Britannia and to Popla , don't blow your toes off now !

Glennyboyy

Redx said:

I wouldn't be naming the driver , not to the shop , or anyone else , seeing as you have 2 non POFA compliant PCNs to appeal and to win

Get them cancelled by appealing to Britannia and to Popla , don't blow your toes off now !

Ha ha yes of course you’re absolutely right. Need to be thinking every possible option through. Fantastic advice @Redx
So grateful for all the amazing advice on here 

Redx

Future options maybe , once you have a clean slate !  Foolish to be doing it at this time though

So appeals as keeper ? Yes , get them cancelled first !

Future options ? Maybe ( when the pressure is off )

Coupon-mad

And don't use retail car parks out of hours thinking they are a convenient place to put your car.  Never!  You are better and safer from PCNs on-street.

Glennyboyy

Coupon-mad said:

And don't use retail car parks out of hours thinking they are a convenient place to put your car.  Never!  You are better and safer from PCNs on-street.

Noted. Thank you.  I was using this particular retail car park as I have an electric car and they have chargers installed there for which I pay a monthly fee to Polar for their use. So I thought I’d ‘kill 2 birds with one stone’ by charging up whilst parked and committed elsewhere.

Coupon-mad

Ah now THAT is a reason to complain to the store manager because there is nothing to prevent a driver using the charging points outside of opening hours unless a barrier or signage terms prevent or charge £100 for it.

You could try a complaint as keeper, NOT saying who parked. But you have a potential easy win at POPLA anyway.

Maybe add to your appeal for these charges that the driver was charging the EV. As such, this was not a 'parking' event nor dependent upon the store being open and if they disagree, you will be complaining to the Store manager.

Umkomaas

If Waitrose are taking some form of 'cut' from the EV charging, then I'd argue that you are still a customer, despite the store being physically closed. 

If there is unfettered access to the EVCs, but a PCN will be issued if the store is closed, then there should be very prominent warning signs around the car park and the EVCs, or they should be turned off, or coned off. Otherwise this is a classic entrapment zone.  I think this deserves a complaint to the BPA using the complaints portal of their website. 

Coupon-mad

Just be careful not to imply who was driving.

Glennyboyy

Coupon-mad said:

Ah now THAT is a reason to complain to the store manager because there is nothing to prevent a driver using the charging points outside of opening hours unless a barrier or signage terms prevent or charge £100 for it.

You could try a complaint as keeper, NOT saying who parked. But you have a potential easy win at POPLA anyway.

Maybe add to your appeal for these charges that the driver was charging the EV. As such, this was not a 'parking' event nor dependent upon the store being open and if they disagree, you will be complaining to the Store manager.

Umkomaas said:

If Waitrose are taking some form of 'cut' from the EV charging, then I'd argue that you are still a customer, despite the store being physically closed. 

If there is unfettered access to the EVCs, but a PCN will be issued if the store is closed, then there should be very prominent warning signs around the car park and the EVCs, or they should be turned off, or coned off. Otherwise this is a classic entrapment zone.  I think this deserves a complaint to the BPA using the complaints portal of their website. 

Thanks guys. Super helpful. Just to confirm there are NO additional T&C’s relating to EV charging at all, and NO additional signs directing as such. The chargers are on all the time for subscribers to utilise and the Polar App shows chargers available for subscribers,  and there is NEVER a barrier down at the car park NOR any coning off or closure of the spaces around the charging points.

I’d be surprised if Waitrose were taking any ‘cut’ as there is no additional cost for the charging over & above the monthly subscription costs (chargers are free to use). Obviously I cannot be 100% certain of this as maybe Waitrose have a separate contract with Polar, but I’d be more inclined to think this was ‘sold’ to Waitrose as an attraction for EV users and therefore more footfall in their stores.

Coupon-mad

I'd add this to the appeal as well as saying you will complain to Waitys if if is not cancelled:

 there are NO additional T&C’s relating to EV charging at all, and NO additional signs directing as such. The chargers are on all the time for subscribers to utilise and the Polar App shows chargers available for subscribers,  and there is NEVER a barrier down at the car park NOR any coning off or closure of the spaces around the charging points.

But of course also state in the appeal that the NTK is clearly non-POFA in wording and arrived too late for keeper liability.