Horizon PCN - Tesco Exceeding maximum stay ANPR

beefturnmail

https://forums.moneysavingexpert.com/discussion/comment/82134283#Comment_82134283

https://forums.moneysavingexpert.com/discussion/comment/82134844#Comment_82134844

Thanks, yes I used the ceo.customerservice@tesco.com - and just got 2 very quick template replies back. Now tried a direct e-mail address for Ken Murphy. No bounce back so presumably has gone through. No reply yet, but only sent yesterday (Saturday). Not tried Legal.uk@tesco.com - do you know where this actually goed in Tesco?

Meanwhile I have checked my credit card statements and clubcard data (which you can request from Tesco) and there are actually 2 separate transactions for Tesco on that day - one for ~£200 just over an hour after then entry time on the PCN and one about 10 mins before the exit time for ~£10, so looks like 2 visits were made that day (presumably the second one for items fogotton on the first trip) and the PCN has only picked up the first entry and final exit. I'm not sure this isworth mentioning to Tesco as at the moment they are seemingly unprepared to engage with the detail in any substantive way

Jame4ters

Definitely raise it with Tesco. It’s a clear “double dip”. But don’t just raise it, this is serious complaint time including telling the, that you, your family & friends will go elsewhere

1505grandad

If it is a "double-dip" - as above it is serious and they have obtained your private data without reasonable cause because to sell your data the DVLA require the parking co. to COMPLY with the ATA CoP which states:-

https://www.britishparking.co.uk/write/Documents/AOS/Sector%20Code%20Templates/sectorsingleCodeofPracticeVersion1.1130426-2.pdf

"7.3. Use of photographic evidence

Photographic evidence must not be used by a parking operator as the basis for issuing a parking charge unless:

d) images generated by ANPR or CCTV have been subject to a manual quality control check, including the accuracy of the timestamp and the risk of keying errors.

NOTE 1: The manual quality control check for remote ANPR and CCTV systems is particularly important for detecting issues such as “double dipping”, where image camera systems might have failed to accurately record each instance when a vehicle enters and leaves controlled land, and for checking images that might have been taken other than by a trained parking attendant (see Clause 15)"

So if it is a double-dip get really angry with Tesco (but perhaps with a modicum of politeness) for wasting the time of a good customer who actually increase their profits unlike the scam (Hansard) unregulated parking thingy.

Car1980

https://forums.moneysavingexpert.com/discussion/comment/82134866#Comment_82134866

Performance would have caused material damage to Tesco though. Staff wages in restocking, spoiled frozen food. Is it foreseeable? At what point of your big shop do you stop?

Would it be criminal?

1. Destroying or damaging property.

(1)A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

I'm not disagreeing and it's good to bat these things back and forth 🙂. Obviously our victim wouldn't actually make a claim and it's a hollow threat, but sometimes these things work.

MrJenkinsEsq

I'm not meaning to come across obtuse. Frustration is just the wrong argument. Deliberately spoiling food could be criminal damage but there would need to be the intention to do so. It's also not a choice of spoil food or go over on parking time, hand the trolley to an employee before leaving.

The parking contract is for parking. It's not for shopping. Anything done in the shop isn't relevant.

Performance is also not just moving the car. Performance (edit: performance is the wrong word, but the allocation of risk is there) can be paying the charge. The contract functioned as written.

Car1980

Don't worry, you're not . And don't think I am - I'm just picking up knowledge.

I'm just not sure there is the divide between the parking and the purpose. Clearly they're linked where parking has to be validated in a shop, even if it is just book keeping. Beavis is full of argument about purpose and legitimate interest.

MrJenkinsEsq

Beavis is a penalty case. What's weighed is the operator's reason for charging, not the driver's reason for parking. Frustration is a different question.

Validation is a parking term you happen to perform indoors. It's not related to what the driver then does.

Frustration also isn't a remedy. It discharges the whole contract, for both sides, from the moment of the event. It's a drastic thing to do, so the bar is set correspondingly high.

Knowing why someone wants something isn't agreeing to carry the risk of it. In Herne Bay Steam Boat Co v Hutton [1903] 2 KB 683 a boat was hired to watch the naval review, the review was cancelled, and the hire still stood.

Frustration needs the space itself destroyed or made unusable (eg sinkhole), the car permanently unable to leave through nobody's fault (eg arson), the only exit blocked for days (eg landslide), or removal made unlawful by a police cordon or closure order lasting long enough to matter against a short stay. ie the subject matter is gone or performance is impossible or illegal, not just slow, costly or inconvenient.

Car1980

Thanks. Sorry to disrupt the original person's thread!

beefturnmail

I posted on Tesco facebook, and got a response which was very marginally more helpful than the CEO response. At least recognised the issue and suggested I speak to a duty manager who can cancel "at their discretion". So I guess I can try that when the weekly shop is next due. If no luck I can walk out and go to Morrisons (next door). And repeat every week….

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82134921#Comment_82134921

For a random person on t'internet with no legal qualifications you don't half give off vibes of a solicitor. If I didn't know better…

Anyway, blimey! Love your posts!