Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: ninahoodleeder@rocketmail.com on May 01, 2024, 02:14:44 pm

Title: Re: Sainsbury’s Euro Car park escalation to Debt Recovery Plus
Post by: b789 on May 05, 2024, 04:26:31 pm
What have Saisbury's said about this? How far up the management food chain did you go when enquiring? Did you try emailing the CEO with the details in order to ask them to get this cancelled?

You should send a complaint (not an appeal) to ECP and inform them that their original NtK was not served to the correct address and they should follow the the procedure as outlined in the BPA CoP (https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/Version91.2.2024Highlight.pdf):

Quote
23.8 You must have a process for considering appeals received outside of the normal 28-day period allowed for lodging an appeal where the appellant provides evidence of exceptional circumstances for the appeal not being lodged within the normal timeframes – where the addressee only discovers and can show that a parking charge notice has been issued in their name after the 28- day period the period must restart and any enforcement, excluding court action, must be paused.

They should in this instance, pause all enforcement and accept an appeal. Failure to do this will result in a complaint to the BPA.

Whether you failed to update your V5C is neither here nor there. It is up to the DVLA if they want to prosecute you for that fairly common omission. An unregulated private parking company has no authority to penalise you for that.

You are able to show that you only discovered that a PCN had been issued in the keepers name after the 28 day appeal period had expired.
Title: Re: Sainsbury’s Euro Car park escalation to Debt Recovery Plus
Post by: ninahoodleeder@rocketmail.com on May 05, 2024, 04:16:54 pm
Thanks I am waiting for them to send me details of the actual ticket as we never received and just realised hubby forgot to update log book which I have now done
Title: Re: Sainsbury’s Euro Car park escalation to Debt Recovery Plus
Post by: b789 on May 01, 2024, 03:28:19 pm
Check your V5C logbook has your current address. That is more often than not the reason why you don't receive the original PCN.

Which PPC? Ignore DRP. They cannot take you to court. In fact they are powerless to do anything except to try and scare you into paying.

Have you tried Plan A? Get in touch with Sainsbury's and ask them to cancel the PCN.
Title: Sainsbury’s Euro Car park escalation to Debt Recovery Plus
Post by: ninahoodleeder@rocketmail.com on May 01, 2024, 02:14:44 pm
Hi I received a letter from a debt recovery service related to an overstay at a Sainsbury car park. This is the first letter I have received and they are now threatening court if I don’t pay. As it’s the first I know of this matter I have requested the original PCN but they say regardless it’s too late to Appeal