PCN - Serpentin Green, Peterborough - NPC - PCN

doubleoseven

RK got a PCN from NPC today, driver had parked 3 days in a row for an event in Serpent Green (large shopping centre) carpark, also used Tesco supermarket and petrol during stay. Day 1 & 3 paid via app £7.50 for day, day 2 was unable to pay as the app would not work. Driver has screen grabs and screen movie to support this. So there was no means to pay where they were parked, not sure if machines near shops, they didn't see any.

Land owner is British Land, is it worth emailing their generic info email to request cancelation?

As the 14 days is up in two days, the letter says sent 19th March, but of course only arrived 11 days later. Wondering if I should make plan B appeal at same time?

Jame4ters

Always try Plan A first so contact British Land however you can.

By 14 days do you mean the “reduced” amount? On the basis you aren’t going to pay anything then Plan B can wait a couple of days

Gr1pr

Plan A is always worth a try

doubleoseven

Plan A - for benefit of others.

Sent to: info@britishland.com

There is a site office, but not email, I don't live close so cannot go there in person, there is a phone number: 01733 896479

——

Dear Sir/Madam,

I am writing as a regular customer of Serpentine Green regarding an unfair parking charge issued by your parking operator, National Parking Control as registered keeper of car. 

Driver parked at the centre across three consecutive days and paid for parking on two of those days. On the remaining day, they attempted to pay via the advertised app, however the system failed and would not allow payment. The attached screen grab shows where it got stuck, there is also a screen video of this to demonstrate further if required. They also got another friends to try on their app and they also had the same issue. 

Despite the driver making a genuine attempt to pay, I have now received a £100 parking charge.

It’s also worth noting, that the letter has a 14 day period from issue to appeal, it says it was sent on the 19th but it has only arrived today 30th, 11 days into that period. What postage service are they using that takes 11 days to arrive??

This is clearly unreasonable and reflects poorly on the customer experience at one of your centres. I would expect that where a customer has attempted to pay in good faith but is prevented from doing so due to a system failure, no penalty should be applied.

I would be grateful if you could instruct your parking operator to cancel this charge. I am, of course, happy to pay the standard parking tariff for that day.

I look forward to your response.

Kind regards,

doubleoseven

Proposed plan b:

I dispute your parking charge as the registered keeper of the vehicle. I deny any liability or contractual agreement.

There will be no admissions as to the identity of the driver and no assumptions can be drawn.

The driver made reasonable attempts to pay for parking using the method indicated on your signage (RingGo app), however your system failed to process payment. Evidence of this failed attempt is retained.

As such, no contract could have been formed. Alternatively, any alleged contract was frustrated by your failure to provide a functioning payment mechanism.

Furthermore, the signage at the location did not clearly communicate any alternative payment methods in the event of app failure.

Given that payment was attempted in good faith and prevented solely due to your system failure, this charge is unjustified and must be cancelled.

In addition, your Notice is vague and does not adequately explain the alleged breach. Please provide:

• Full photographic evidence of the vehicle
• Close-up images of the signage relied upon
• Evidence of the alleged contravention and times of entry / exit
• Records of payments made (if applicable)

If you reject this appeal, you must provide a POPLA code so that the matter can be escalated.

I will also be raising a formal complaint with your principal (the landowner) regarding this matter.

I do not consent to your processing of my data beyond what is strictly necessary to respond to this appeal.

Yours faithfully

doubleoseven

Response to Plan A:

I have been passed your email with regards your Parking Charge Notice you have received. 
You are going to have to apply to the Parking Company with regards your appeal, as there is nothing we can do, I am afraid. The full details  will be on the Parking Charge Notice that you have received  
Steve Coulson Operations ManagerSerpentine GreenHampton, Peterborough, PE7 8BEM:
E: Steve.Coulson@Britishland.com

MothballsWallet

I'm not sure I agree with Mr Coulson - if British Land employed the parking company, then they are a principal who is liable for the actions of their agents and, usually, their contract allows for principal-ordered PCN cancellations.

But Mr Coulson's email seems very template-like - you told him which PPC it was, yet his reply referes to "the Parking Company" - it almost sounds like he could be using a message filter/rule in his email program to send these responses back.

But that's just my cynical opinion as an IT professional.

Le_Kirk

Serpentine Green did not use to have any parking restrictions. Are there (were there) signs up indicating the new system?