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Parking Eye says receipt not to landowners's discretionary criteria.

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AJ16
AJ16 Posts: 127 Forumite
in Parking tickets, fines & parking
My son got ticketed at a small open air retail car park on 16th February for being 18mins over the 2hr limit, it was in the evening, the businesses on the park are all national outlets e.g. Lidl, Home Bargains, Travel Lodge & Wetherspoons where he was that evening. The PPC had only recently taken over, poor signage etc. We duly contested with the usual formal letter based on previous cases and pointed out their signage failings, of course they ignored that and said 'tough' the only way you might be able to appeal to our better nature would be if you could send us evidence of making a purchase, he sent them the receipt, however they responded by saying that it did not accord with the discretionary criteria of the landowner so the charge is still due! They did not say what this mysterious criteria is.

Would we be right in thinking that this is a daft thing to say as it seems that they are saying that the landowner is party to the PCN. Surely the PPC can't issue a PCN and then say that the landowner is involved? What do you think?

We spoke to Wetherspoons yesterday and they were not happy when the PPC took over and imposed a 2hr limit on their customers, they now have a system for customers to enter their reg numbers on an iPad on the bar, but that didn't start until 16 March.

We will go down the POPLA route of course (sigh) but it would be good to get your views.

Thanks
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  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    Get Wetherspoons to put that in writing, if he can. And could he not have shown all his friends' receipts to show how much the party spent?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Castle
    Castle Posts: 4,200 Forumite
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    18 minutes will be within the two grace periods.
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    AJ16 wrote: »
    My son got ticketed at a small open air retail car park on 16th February for being 18mins over the 2hr limit, it was in the evening, the businesses on the park are all national outlets e.g. Lidl, Home Bargains, Travel Lodge & Wetherspoons where he was that evening. The PPC had only recently taken over, poor signage etc. We duly contested with the usual formal letter based on previous cases and pointed out their signage failings, of course they ignored that and said 'tough' the only way you might be able to appeal to our better nature would be if you could send us evidence of making a purchase, he sent them the receipt, however they responded by saying that it did not accord with the discretionary criteria of the landowner so the charge is still due! They did not say what this mysterious criteria is.

    Would we be right in thinking that this is a daft thing to say as it seems that they are saying that the landowner is party to the PCN. Surely the PPC can't issue a PCN and then say that the landowner is involved? What do you think?

    We spoke to Wetherspoons yesterday and they were not happy when the PPC took over and imposed a 2hr limit on their customers, they now have a system for customers to enter their reg numbers on an iPad on the bar, but that didn't start until 16 March.

    We will go down the POPLA route of course (sigh) but it would be good to get your views.

    Thanks


    QED , you were asked for a receipt of purchase , you provided one , complain (complete with PE paperwork) that you DID provide a receipt of purchase

    by reading your dates , did PE actually provide a popla code within 35 days or so?
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    is the amout you have to spend or in PE speak " the discretionary criteria of the landowner" clearly displayed on the signage


    thought not , complain to BPA that they are setting conditions that are not clearly shown on signage


    what next , next week , no red cars on a tuesday afternoon?
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    Try another Manager or Head Office, like WapChimney did here:

    http://forums.pepipoo.com/index.php?showtopic=119696
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • AJ16
    AJ16 Posts: 127 Forumite
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    Coupon-mad wrote: »
    Get Wetherspoons to put that in writing, if he can. And could he not have shown all his friends' receipts to show how much the party spent?

    Thanks we will do that.
  • AJ16
    AJ16 Posts: 127 Forumite
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    twhitehousescat wrote: »
    QED , you were asked for a receipt of purchase , you provided one , complain (complete with PE paperwork) that you DID provide a receipt of purchase

    by reading your dates , did PE actually provide a popla code within 35 days or so?

    The first letter allowed an extension to the appeal period, the second letter that arrived last week was the rejection and it contained the POPLA code so it was within 35 days.
  • AJ16
    AJ16 Posts: 127 Forumite
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    twhitehousescat wrote: »
    is the amout you have to spend or in PE speak " the discretionary criteria of the landowner" clearly displayed on the signage


    thought not , complain to BPA that they are setting conditions that are not clearly shown on signage


    what next , next week , no red cars on a tuesday afternoon?

    no sign anywhere re the discretionary criteria.
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    There never is, but that doesn't win at this POPLA service (ironically, it DID win once in a case I tried using the old POPLA service).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • AJ16
    AJ16 Posts: 127 Forumite
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    Ha, they make it up as they go along! Incidentally does the grace period route still get results? Castle put about being 18mins over the 2 hours being within limits, I can see the 10mins allowance for exiting on the BPA Code of Practice but not sure how that combines with any allowance for parking after being 'snapped' on entry.
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