Tesco x Euro Parking Services

panda_mum

Wanted advice on this case so I can get it squashed as quickly as possible.

We have received a £100 parking charge notice from Euro Parking Services. They say this is due to the contravention of "not parked correctly within the markings of the bay or space".

The reported incident happened outside a Tesco store for less than 5 minutes but it was due to overcrowding in the car park, rather than abusing any of the rules.

I initially complained to Tesco to try to get it resolved, explaining the situation, but they say I have to file an appeal to the company first, and if they reject it then Tesco will follow up. I pushed back on this but don't think they're going to take any action first annoyingly. This is how I explained the situation to Tesco in my complaint over the phone and to their CS on Whatsapp.

"On the date in question, the vehicle was stationary in the area for less than five minutes. Importantly, there were no visible bay markings or designated parking lines in the area where the vehicle was briefly stationary, meaning it is unclear how the vehicle could reasonably have been considered to be parked outside the markings of a designated bay.

The vehicle was not left there deliberately or for the purpose of avoiding the parking restrictions. The car park had become overcrowded, and the driver was temporarily unable to safely manoeuvre the vehicle out of the area. The vehicle therefore had to remain stationary briefly until it was safe to move and a suitable bay became available. This was a temporary situation caused by the conditions in the car park, rather than any attempt to misuse the parking facilities.

I would also point out that this is a free car park with a 45-minute permitted stay. The vehicle was not occupying a space for an excessive period, and Tesco did not suffer any financial loss as a result of the vehicle being stationary for these few minutes. Indeed, the driver was a genuine Tesco customer and made purchases at the store at the relevant time."

Just wondering if I should use this same explanation in my appeal to Euro Parking Services?

Also as a note, the PCN was sent to my parents home in NI as they are the registered keepers. I am not going to obviously disclose who was the driver but do they even have ground for pursuing if the keeper is based in NI?

Thanks for your help in advance!

1505grandad

Which Tesco store is this?

panda_mum

It was a Tesco Express store in Birmingham. I went in to try to talk to the manager but whoever was leading the floor that day said they couldn't do anything and just printed out the receipt from the time so we had proof of purchase but it is also on the clubcard records.

yarpsnehpets

Make sure that the driver is never revealed in any appeal.

Coupon-mad

And CERTAINLY reply using the NI address, because nope, there's no keeper liability and they cannot sue you if they only have a NI address. DO NOT CHANGE IT.

Surely your parents know to ignore parking charges in NI? Every driver does.

panda_mum

Hi all, update on this, I filed the appeal to Euro Parking Services and of course they rejected it with a very generic, bland reply which didn't address any of the points I raised. (I ensured it did not identify the driver and used the NI address).

I went back to Tesco's as their customer service told me to do so if it was rejected and they were initally going to process an appeal on their side as the operator assumed it was Horizon Parking (despite me stating on every occasion it was EPS) and then said they couldn't once I clarified it was Euro Parking Services due to it being a "third-party".

I filed a complaint letter to the Tesco Customer Service CEO email saying it's not right that they're providing two-tier treatment for customers depending on what store and subsequent car park they were in. They've come back to that to say there's nothing they can do. I don't know whether it's worth escalating it higher?

But also I have only disclosed the NI home address to Euro Parking Services so can they even do anything to pursue the PCN? My parents know not to identify the driver as well and we have ignored PCN's issued in NI in the past but we were wondering if the circumstance was different as the incident in question happened in England.

Any advice would be much appreciated!

Gr1pr

Tesco contract with Horizon, nobody else, so that shop must be a third party owned business that contracted with EPS, despite any Tesco branding ( so Tesco probably cannot or won't intervene. )

Coupon-mad

The only issue would be if Gladstones trace your new address, and write to you in England. Time will tell. Probably too hard for them, in other cases this year Gladstones are dropping clangers & seem a bit swamped!