PCN - Parked in Customer Parking Area Whilst Not Using the Business

nick325i

https://ibb.co/QNdfpx3
https://ibb.co/1dDS710

So, please don't judge but I tried visiting Nandos on a Sunday morning. I am not addicted to peri peri. My son wanted one of those Portugese Natas after breakfast so we went down. The camera will show me going up to the front door which was locked. A worker inside said 11am so we went for a walk and returned at 11am. He then apologised and said it was actually 11.30am for opening so we decided to just get something from the bakery next door and leave. Our intent was to use Nandos, hence parking there. I find it disgusting they feel they can charge £60 for the privilege on a Sunday.

The signage seems pretty clear but the intent to use them was there and there will be proof of me trying to open the door should be on their cameras. Is there anything I can do?

Coupon-mad

Welcome!  You haven't said which PPC or whether they are using the POFA 2012  to hold the keeper liable (see NEWBIES PLEASE READ THESE FAQS FIRST).

Clearly no-one here is going to advise you to pay this.  The first step is PLAN A in the NEWBIES thread (and that isn't 'appeal').

fisherjim

I suspect they have actually tried this scam charge because you parked and left before opening hours. This is probably like a leaving site scam where they wouldn't chance a punt in court as it's very difficult to prove, in essence you waited for the restaurant but gave up.

As CM says a complaint to the restaurant is the first step, but take down that link it has your name all over it.

nick325i

As CM says a complaint to the restaurant is the first step, but take down that link it has your name all over it.

Thanks. Amended the link. Forgot the name at the bottom

Fruitcake

Do the signs specifically prohibit use of the car park whilst waiting for the cafe to open?

As I said on another thread about similar circumstances, "I am not legally trained, but I would suggest that an open gate in a shopping area constituted "an invitation to treat"".

nick325i

Fruitcake said:

Do the signs specifically prohibit use of the car park whilst waiting for the cafe to open?

As I said on another thread about similar circumstances, "I am not legally trained, but I would suggest that an open gate in a shopping area constituted "an invitation to treat"".

I would need to check the sign

nick325i

Just received this from Nandos. I read the newbie thread but I am still a bit unclear on the next step. Do I write to the company?

Hi Nick, 
 
Thanks for getting in touch. We're sorry to hear you received a fine whilst attempting to visit one of our restaurants.

We have contacted the company who manages this car park and unfortunately, they have informed us, individual retailers have no jurisdiction over PCNs issued nor the restrictions in place.

They have also informed us drivers should follow the appeals procedure should they wish to challenge a PCN. Any incorrectly issued charges can only be cancelled via this procedure.

Whilst we appreciate this is a difficult time for you and we're sorry you were not aware of the restrictions, we're afraid we are not able to overturn the fine and you will need to contact them directly if you wish to appeal the fine.

I'm sorry this probably isn't the response you were hoping for, and again we're sorry we can't be of more help with this. 
 
Kind regards, 
Chloe

Chloe
Restaurant Experience Support Team Advisor
Nando's UK and Ireland

Snakes_Belly

I would keep copies of the correspondence with Nandos as it evidences your intent.

Do you have a link to the car park showing the signage? 

You may be able to obtain a WS from the Nando's employee that you spoke to. 

F.Y.I. Marks and Spencer, Coop and Tesco all sell these Portuguese custard tarts and below is a recipe if you feel like making some yourself. 

 

nick325i

  The Nandos ones are the best....not worth this hassle though. I will need to go down and get a picture as street view doesnt does it well. 
My issue is the time appealing takes as last time took so much of my time I want to try and nip this in the bud. We recently moved house and this letter went to my previous address so I have now missed the 14 days notice they gave me. What is the best course of action now. Contact them?

Fruitcake

What 14 day notice? The keeper has 21 days to appeal from the day after the issue date of the NTK.

Send the appeal template in blue text in the NEWBIES from the keeper. Send it unaltered except for a one liner stating that an occupant of the vehicle was using the business.

You should also send a rectification notice to the DPO of NPE Ltd instructing them to erase your data and replace it with your current address for service. Make sure you use the word I have highlighted.
You will need to include non-photo proof of ID.

Have you set up mail redirect? It's always worth doing.
Have you updated your V5C and your driving licence with the DVLA? Both need to be done separately.

Complain to the landowner or the retail park management company. The info' may be on signs or on the retail park's website.

Complain to your MP.

Snakes_Belly

"My issue is the time appealing takes as last time took so much of my time I want to try and nip this in the bud. We recently moved house and this letter went to my previous address so I have now missed the 14 days notice they gave me. What is the best course of action now. Contact them?"


You will need to update all your documents driving licence and vehicle log book (V5C) with your new address. 

Took a look at the car park. There is no sign at the entrance to the car park. 

I am not familar with how litigious this PPC is. You cannot be a customer if the restaurant is not open.

BTW I have not tried Nando's Portuguese tarts. Tried Marks and the Coop. I do intend to have a go at making some myself   I love them but £100 is expensive