Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: spinningfish on November 10, 2023, 11:45:45 am

Title: Re: Britannia Parking PCN – Parked Longer Than Maximum Time Permitted – Waitrose, Welwyn Garden City
Post by: DWMB2 on December 11, 2023, 10:37:06 pm
I will, depending on how they choose to deal with this now, consider going to the BPA.
Frankly, even if they cancel it, I'd recommend complaining to the BPA. If they've tried this with you, there's every chance they have with others.
Title: Re: Britannia Parking PCN – Parked Longer Than Maximum Time Permitted – Waitrose, Welwyn Garden City
Post by: spinningfish on December 11, 2023, 10:07:01 pm
Thank you, all. I did go with Noah’s version and had sent it in before the other replies.

I will, depending on how they choose to deal with this now, consider going to the BPA.

I very much appreciate all the help given.
Title: Re: Britannia Parking PCN – Parked Longer Than Maximum Time Permitted – Waitrose, Welwyn Garden City
Post by: DWMB2 on December 11, 2023, 09:55:58 pm
Whilst I understand (and agree with) the indignation expressed in Hcandersen's suggested wording, my personal preference would be Nosy Parker's suggestion - spelling the issue out clearly.

I would however be minded to also complain to the BPA about this - they're clearly misrepresenting their position.
Title: Re: Britannia Parking PCN – Parked Longer Than Maximum Time Permitted – Waitrose, Welwyn Garden City
Post by: H C Andersen on December 08, 2023, 06:16:14 pm

..or a diffferent tack..as I consider this to be unforgivable.

Dear Sir,
PCN **********

Thank you for your reply dated 7 Dec. regarding the above.

I would strongly suggest that if you wish to retain your BPA Approved Operator status and your Waitrose contract that you cancel this PCN by return. Failing which I shall have no option but to report your total disregard for the BPA's Code of Practice and your attempts to bring Waitrose's name into disrepute to those respective organisations.

If you do not know why I have written to you in these terms, given the written evidence which damns your actions, then this simply reinforces the need for me to notify the above.

Yours
Title: Re: Britannia Parking PCN – Parked Longer Than Maximum Time Permitted – Waitrose, Welwyn Garden City
Post by: Nosy Parker on December 07, 2023, 06:10:27 pm
What a silly try-on by Britannia

Dear Sirs,

I acknowledge receipt of your letter dated 07/12/2023 belatedly and ineffectively purporting to give the warning required by paragraph 9(2)(f) of Schedule 4 to the Protection of Freedoms Act 2012 ('POFA').  07/12/2023 is later than the end of the 'relevant period' as defined in POFA and therefore your letter of that date is not an effective notice to keeper under POFA.  Your previous notice dated 20/10/2023 was also not an effective notice to keeper under POFA as it failed to include the warning required by POFA paragraph 9(2)(f). 

I will not provide you with the driver's name and address as I am not obliged to do so.  I require you to deal with my appeal within the time frame required by the BPA AOS Code of Practice and either to cancel the PCN or issue a POPLA Code so that POPLA can order you to cancel it.

Yours faithfully,
Title: Re: Britannia Parking PCN – Parked Longer Than Maximum Time Permitted – Waitrose, Welwyn Garden City
Post by: spinningfish on December 07, 2023, 04:50:56 pm
Good Afternoon All,

The registered keeper received the following today via email:

To Whom It Concerns

Find important correspondence attached regarding your Parking Charge Notice.

Regards
Britannia Parking


Please see attached PDF.

[attachimg=1]

[attachment deleted by admin]
Title: Re: Britannia Parking PCN – Parked Longer Than Maximum Time Permitted – Waitrose, Welwyn Garden City
Post by: spinningfish on November 11, 2023, 04:21:28 pm
Thank you very much. OP shall report back.
Title: Re: Britannia Parking PCN – Parked Longer Than Maximum Time Permitted – Waitrose, Welwyn Garden City
Post by: H C Andersen on November 11, 2023, 10:44:57 am

Yes OP, as simple and straightforward as above.
Title: Re: Britannia Parking PCN – Parked Longer Than Maximum Time Permitted – Waitrose, Welwyn Garden City
Post by: DWMB2 on November 10, 2023, 03:58:03 pm
The entrance signs are quite prominent, and do draw the driver's attention to the fact there is a sign near the entrance that they should seek out. Although a lack of specific signage by the disabled bays could be argued as a breach of the BPA's code of practice.

But, you may have a technical appeal point to explore, as they don't seem to be seeking to hold you liable for the charge as the registered keeper (using Schedule 4 of the Protection of Freedoms Act 2012 - there's a link in my signature at the bottom of this post).

You could appeal, as the keeper, along the lines of the below:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ______) for vehicle registration mark _______, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012. There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,

If appealing online, be careful not to tick and boxes/drop downs identifying the driver, and keep an eye on your spam email folder for a response.
Title: Britannia Parking PCN – Parked Longer Than Maximum Time Permitted – Waitrose, Welwyn Garden City
Post by: spinningfish on November 10, 2023, 11:45:45 am
Hello all

On 14th October, the driver parked in the Waitrose Car Park, ran some errands in the town centre, did some shopping in Waitrose and left. The driver didn't notice the signage in the car park.

On Monday 6th November, the below PCN was received by the registered keeper.

(https://singshack.com/wp-content/uploads/2023/11/Britannia-parking-page-1.jpg)
(https://singshack.com/wp-content/uploads/2023/11/Britannia-parking-page-2.jpg)

On 9th November, the topic poster visited Waitrose to photograph the signage. They have included an aerial map of the locations of the signs and where the driver parked.

As you can see, signs A & B are located shortly after the entrance to the car park.

Sign C, is located away from the first two signs and isn't noticeable when you park in one of the disabled bays, as the path is up against the building and away from the direction of walking into the store or town centre.

The driver parked in the bay marked D.

(https://singshack.com/wp-content/uploads/2023/11/Waitrose-9.jpg)
(https://singshack.com/wp-content/uploads/2023/11/Waitrose-1.jpg)
(https://singshack.com/wp-content/uploads/2023/11/Waitrose-2.jpg)
(https://singshack.com/wp-content/uploads/2023/11/Waitrose-3.jpg)
(https://singshack.com/wp-content/uploads/2023/11/Waitrose-4.jpg)
(https://singshack.com/wp-content/uploads/2023/11/Waitrose-5.jpg)
(https://singshack.com/wp-content/uploads/2023/11/Waitrose-6.jpg)
(https://singshack.com/wp-content/uploads/2023/11/Waitrose-7.jpg)
(https://singshack.com/wp-content/uploads/2023/11/Waitrose-8.jpg)

Your advice is very much appreciated!