Hi , I'm not great on computer stuff,especially forum manoevres .
I shopped in Waitrose on 22nd Nov at Bury St Edmunds and took my shopping back to car. I am 81 so am more used to cash than cards so probably paid cash.
I had an appointment with a nearby solicitor but thought i would be back in time. However, the solicitor was running way behind time and i had to wait.This was a free appointment to discuss my will .The meeting took far longer than I expected but I could hardly walk out from a gentleman who clearly had my best interests at heart.As I left he asked where I'd parked and I said where ,only to be told that they were very hot on parking (as I have just found out).
Having received a notice from them today I found a similar notice had been discussed on here (also from Brittania regarding Waitrose overstay charge that was successfully appealed. So before I wrote to Waitrose for clemency I thought it wise to seek advice.
Hopefully, i too may then continue to shop at Waitrose without unhappy flash backs
thanks in anticipation !
Welcome. Please read this thread and then show us the Parking Charge Notice (PCN) you received from Britannia. Was it a postal Notice to Keeper (NtK)?
READ THIS FIRST - Private Parking Charges Forum guideYour first proof call is indeed Waitrose. If the car park is exclusively theirs, then it is highly likely that they are the contractor for Britannia and should be able to tell them to cancel the PCN.
When you approach Waitrose, you should be aiming as high up the management food chain with your request for them to get the PCN cancelled. Let them know how unfair it is that their loyal customers are hit with a £100 (or whatever the amount) invoice for a slight overstay due to unforeseen circumstances.
I wouldn't mention that you left the car parked in their car park to visit your solicitor. It's not really relevant. The point is that you are a loyal and regular customer and this an unfair PCN.
Thankyou for your assistance Karma. Yes ,the notice is ..Parking charge. Notice to Keeper .It seems one has 14 days to pay to get the £70 fine reduced to £40.
I will send copy of the notice as soon as i figure out how to do it ! I struggle with computer stuff
I'm not entirely clear when the 14 days is up.It says from issue date.... ie , not date of receiving the notice.
confusedone
The £40 is known as the "mugs discount". If you are relying on that, then we cannot help you. We will only fight these unfair Parking Charge Notices (PCNs) if the recipient believes that they have been issued unfairly and we do not condone funding these scammers.
The "date of issue" will be several days after the actual alleged contravention. It is wither stated on the front of the Notice to Keeper (NtK) as such or just use the date of the letter itself.
Thanks for message
Hopefully this is something you wish to see.
[ Guests cannot view attachments ]
It is the front of the Notice to Keeper (NtK) we need to see. Only redact your personal info and the PCN number. We need to see all dates and times.
congratulations on your efforts at navigating computers and websites at the age of 81.
you have however left your personal details on display you may wish to remove edit and repost.
MickR
Thankyou......what a twit! How do i remove that post ?
I've asked a mod to help you.
Lucky for you, the NtK is not PoFA compliant. Easy one to defeat... as long as the
unknown drivers identity is not revealed. There is no legal obligation on the
known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the
unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which means that if the
unknown driver is not identified, they cannot transfer liability for the charge from the
unknown driver to the
known keeper.
Use the following as your appeal. No need to embellish or remove anything from it:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Britannia has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. Britannia have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
Thank you all for assisting me with my problems regarding computers , forums,and parking ! I will appeal and report back in due course
I've removed the front image which contained some personal details.
OP, would you pl repost the NTK front page suitably redacted. (I can understand why it was taken down but as it's primary evidence it needs to be reposted).
Also, where's your receipt pl?
Your first port of call is Waitrose, but we don't know whether you overstayed by 3 hours including 2 hours after you paid for your purchases or what. We don't know the location so cannot verify the parking terms.
Whether you would succeed with Waitrose is an unknown, your chances with the parking operator (Britannia?) are unclear. The info required by the Act(PoFA) isn't on the back page, but the front..?
The NtK, when I was able to see it, had not been issued in time for it to comply with PoFA 9(2)(4)(b), Hence the reason I have advised the OP responds with the suggested appeal above.