Euro Car Parks - My mistake

c_damon

Hi everyone! Firstly a big thanks to @Coupon-mad on this forum. I've been on here for some weeks debating my current circumstance and your dedication to helping everyone out hasn't gone unnoticed - along with many others which I cannot name.

My situation

I made the biggest mistake of 'risking it' with my car park for two weeks. That resulted in me receiving four PCNs by post. They follow the NTK guidance. Five minutes before discovering this forum, I appealed them. I am waiting for their response but obviously it's going to be a reject.

At that point, I also wrote to them by email and asked them to confirm to me how many breaches/PCNs have been recorded against my vehicle. They confirmed just those four. 

A week later, another three came through the post. Both contraventions were before the date that they confirmed that I only had four active PCNs. I appreciate this is probably just a processing error on their side - but either way, it annoyed me and they gave me false assurance. 

I've written to the retailer (Morrisons) to try and appeal to their kinder nature given I am a daily customer. I have not yet heard back.

So, my current position is: 4x Appealed notices, 3 have been ignored at present. I have read about the CEL v Chan judgment and from what I can see, euro car parks tend to be equally as lax with their Claim forms. 


What should I do next?

I've certainly shot myself in the foot by appealing, and I wish I saw this forum just minutes sooner. 

I've made a mess out of the situation with some being appealed currently, some I've left. 

Would you agree my best step is to disengage from this point and wait for the claim form? Do we know if ECP are still issuing non-PAP compliant claim forms, or have they clocked on?


Given my unique circumstances of appealing half, them mis-advising me about the number of PCNs, I just wanted to get some steer as to whether there is advice to what you normally recommend?

NB

I have general issues with post getting to me because of a nearby address with the same postcode. Royal Mail and the Council aren't interested. Do you know if it is possible to serve a rectification notice and provide an email address for correspondence only? I'm concerned about the possibility of missing any claim forms by post, especially if the address is formatted incorrectly. 


Thanks in advance, and thanks for all you guys do.

KeithP

You tell us you've written to Morrisons.
It's far to easy for someone somewhere sitting behind a computer screen to trot out the "sorry, we can't help" line.

Far better for you to turn up in person at their customer services desk with a fistful of paperwork and look them in the eye.
Much more difficult for them to refuse to help - especially if a queue builds up behind you and others see the intransigence of Morrisons customer services.

Having said that, Morrisons appear to have a somewhat dedicated process for dealing with car park issues.
See here...
www.morrisons.com/help/in-store-experience/car-parks/#i-have-received-a-parking-charge-for-parking-in-your-car-park

c_damon

KeithP said:

You tell us you've written to Morrisons.
It's far to easy for someone somewhere sitting behind a computer screen to trot out the "sorry, we can't help" line.

Far better for you to turn up in person at their customer services desk with a fistful of paperwork and look them in the eye.
Much more difficult for them to refuse to help - especially if a queue builds up behind you and others see the intransigence of Morrisons customer services.

Having said that, Morrisons appear to have a somewhat dedicated process for dealing with car park issues.
See here...
www.morrisons.com/help/in-store-experience/car-parks/#i-have-received-a-parking-charge-for-parking-in-your-car-park

Yeah, that was my thinking - until I saw their dedicated online form for it. That is what I submitted but yet to hear back. 

C

Coupon-mad

What actually happened?  Leaving the car there for 2 weeks (without removing it) wouldn't cause multiple PCNs, so was this individual parking events (overstays) lots of times?

You won't win on appeal unless you can show POPLA x 4 times that the sign had the £100 in small writing?  Go get pics.

c_damon

Coupon-mad said:

What actually happened?  Leaving the car there for 2 weeks (without removing it) wouldn't cause multiple PCNs, so was this individual parking events (overstays) lots of times?

You won't win on appeal unless you can show POPLA x 4 times that the sign had the £100 in small writing?  Go get pics.

It was on seven occasions over two-weeks. Entirely my fault - I just didn't pay. Signage is everywhere but I will double check the sizing of the £100 term on it when I go tomorrow.

I didn't even plan on appealing as I don't think I have grounds at this time, I was just planning on trying my luck with the CEL v Chan precedent and perhaps seeing where it goes from there. 

Thanks

Coupon-mad

That won't work.

Show us the sign; not a close up, obviously!

c_damon

§Coupon-mad said:

That won't work.

Show us the sign; not a close up, obviously!

Oh really, is this not a valid argument anymore?

I had a look at the signage and it's everywhere across the car park but you actually can't see the £100 very clearly, I had to zoom in on my phone. The £100 is in bold, but it isn't any bigger than the other writing on the sign.

See attached:

Coupon-mad

CEL v Chan is valid where cases are not pleaded properly but this one will be, because ECP will probably use DCB Legal and they plead the breach in ECP cases.

I'm not suggesting you pay but you need to rethink your approach.  Mediation (after the court claim) might be worth you making an offer.