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PCN Issued While Queuing to Exit Gridlocked Car Park

2

Comments

  • UpDownStrange
    UpDownStrange Posts: 10 Forumite
    Seventh Anniversary First Post Combo Breaker
    Thanks all for the responses. I will try once more to reason with the retail park management company. Would the below be an appropriate response?

    "It is incorrect to state that this parking charge has “nothing to do” with the retail park. As landowner/managing agent, you have authority to intervene and instruct your parking contractor to cancel charges issued to customers. This is standard practice at retail parks, and it is incorrect to suggest otherwise.

    The charge in question arose due to conditions within the car park itself, for which the operator and landowner are jointly responsible. I have explained the circumstances clearly and have video evidence available.

    I am therefore asking you again to exercise your authority and instruct your parking contractor to cancel this PCN. A refusal to intervene in a case involving unavoidable congestion affecting customers presents a reputational issue for the retail park.

    Please confirm whether you will take action to resolve this matter. If not, then I will need to escalate with the relevant parties, including sending the video evidence and your lack of willingness to help to the local press."

    Also, I have recently discovered a slight wrinkle to this case. The initial PCN was sent to the person I bought the vehicle from (a relative), and they named me as the driver. The initial PCN was issued on December 24th. Does this weaken my case at all now that I have been named as the driver?

  • Gr1pr
    Gr1pr Posts: 11,649 Forumite
    10,000 Posts First Anniversary Photogenic Name Dropper
    edited 12 January at 8:28PM
    NO, not really,  you were there, a first person Witness,  much better for you in any future Money Claim 
  • Umkomaas
    Umkomaas Posts: 44,105 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Retail park managing agent - Cushman and Wakefield by the look of things. No knowledge on my part as to how they handle parking complaints. But if you don’t try, you (we) won’t know.  Nothing to lose. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • UpDownStrange
    UpDownStrange Posts: 10 Forumite
    Seventh Anniversary First Post Combo Breaker
    Umkomaas said:
    Retail park managing agent - Cushman and Wakefield by the look of things. No knowledge on my part as to how they handle parking complaints. But if you don’t try, you (we) won’t know.  Nothing to lose. 
    Really? Searching on Google it seems to me like it's Green & Partners, but I might be missing something. I emailed G&P yesterday and got their useless response this morning. Happy to just reply with my proposed response above if that's what's advised.
  • Half_way
    Half_way Posts: 7,629 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    what exactly did they say with the nothing to do with us reply? word for word
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Umkomaas
    Umkomaas Posts: 44,105 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Umkomaas said:
    Retail park managing agent - Cushman and Wakefield by the look of things. No knowledge on my part as to how they handle parking complaints. But if you don’t try, you (we) won’t know.  Nothing to lose. 
    Really? Searching on Google it seems to me like it's Green & Partners, but I might be missing something. I emailed G&P yesterday and got their useless response this morning. Happy to just reply with my proposed response above if that's what's advised.
    I saw ‘Cushman & Wakefield’ on a Welcome board to the retail park on Google Street View - but subsequently I’ve not been able to bring it up. As I’d never heard of ‘C&W’ previously, it wasn’t a figment of my imagination. For the sake of an email, try them. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Half_way said:
    what exactly did they say with the nothing to do with us reply? word for word
    Exactly as I posted in my message earlier in this thread:
    "Unfortunately, this has nothing to do with us. You will to speak to the company who issued you the ticket."
    (Including the typos.)
  • Coupon-mad
    Coupon-mad Posts: 158,166 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Surely the agent is stated at the entrance?

    As I said before: link it for the complaint NOW, don't just say it is available:

    " I have explained the circumstances clearly and have video evidence available."
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • prowla
    prowla Posts: 14,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    Also, I have recently discovered a slight wrinkle to this case. The initial PCN was sent to the person I bought the vehicle from (a relative), and they named me as the driver. The initial PCN was issued on December 24th. Does this weaken my case at all now that I have been named as the driver?

    Was the relative there at the time, or how can they identify you as the driver?
    But regardless, the parking scammer is trying to play you; extorting money in this way for their inadequacies (failing to let you exit the car park) should be illegal.

    As a bit of whimsical lateral thinking, it'd be interesting to see if a test case of false imprisonment could be made; of course the case itself should fail, because the conditions of external roads aren't the car park operator's fault, but it might also establish that drivers can't be ticketed for being prevented from exiting by those very same circumstances.
  • Castle
    Castle Posts: 4,974 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    prowla said:

    Also, I have recently discovered a slight wrinkle to this case. The initial PCN was sent to the person I bought the vehicle from (a relative), and they named me as the driver. The initial PCN was issued on December 24th. Does this weaken my case at all now that I have been named as the driver?

    Was the relative there at the time, or how can they identify you as the driver?
    But regardless, the parking scammer is trying to play you; extorting money in this way for their inadequacies (failing to let you exit the car park) should be illegal.

    As a bit of whimsical lateral thinking, it'd be interesting to see if a test case of false imprisonment could be made; of course the case itself should fail, because the conditions of external roads aren't the car park operator's fault, but it might also establish that drivers can't be ticketed for being prevented from exiting by those very same circumstances.
    "Blocking in" is illegal 
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