Hi I've not been issued a parking charge and hope not to, however I wanted to clarify something.
I went to a local Sainsbury's and done some shopping well within the 1.5 hours parking limit. I went home and noticed an issue with one of the items I bought so took it back, the customer services sorted it without putting it through the till. I then went back to my car and saw a sign that stated no returns within 1 hour. Am I likely to receive a Parking Charge? The reason I ask is that the car is leased and I believe VWFS have a policy to just pay and then simply invoice you.
Should I pre-empt and contact Sainsbury's and also let VW know not to pay? It's actually a sad state of affairs that I even have to ask this question - parking companies are so overzealous in my opinion that I have to take such action!
Your help will be much appreciated.
Am I likely to receive a Parking Charge?
Yes.
The reason I ask is that the car is leased and I believe VWFS have a policy to just pay and then simply invoice you.
It would have to more than a 'policy' to hold you responsible. What does your contract say?
Just checked the contract, for lease cars they submit my details to the Private Parking Company - they don't auto pay.
Also, one detail I missed was, my wife drove for the first visit, me for the second. Should I drop Sainsbury's an email to pre empt such a Parking Charge Notice?
If they do issue a PCN, VWFS will transfer liability to the Hirer (I presume either you or your wife). VWFS will most likely also send you a copy of the Notice to Keeper (NtK) together with a worthless letter of authority to deal with the charge.
You cannot do anything until you receive a Notice to Hirer (NtH) from the operator, who you've not stated who that is, but I'm presuming Horizon Parking for now. Once you receive the NtH, you can appeal without identifying the driver.
You can bet your bottom dollar that they will not have fully complied with all the requirements of PoFA 2012 to be able to transfer liability from the unknown driver to the known Hirer. Whilst any initial appeal will be rejected, you will be able to appeal to POPLA who will take a more pragmatic view.
Without knowing the identity of the driver, they could never litigate this all the way to a court hearing because they would get spanked. However, that does not mean that they won't try of POPLA screw up.
There is also the interesting argument that the no return within 1 hour is also difficult to prove, if the drivers identity is not known and especially so in this case where two different drivers are involved.
For now, you wait for an NtH to arrive in the Hirers name and then come back and we will advise further.
I'm presuming Horizon Parking for now. Once you receive the NtH, you can appeal without identifying the driver.
If it's Sainsbury's there's a fair chance it's ECP, which is good news as they're also a BPA member.
Thank you for your responses. I walked past today, it is Euro Car Parks. Fingers crossed I don't receive anything but if I do I will post it up on here.
Also, one detail I missed was, my wife drove for the first visit, me for the second. Should I drop Sainsbury's an email to pre empt such a Parking Charge Notice?
Then your wife did not breach the terms, neither did you...
However, computer says the car did
Then your wife did not breach the terms, neither did you...
However, computer says the car did
Indeed
Sainsbury's would still be a sensible port of call, but if you do receive a charge, then we'll almost certainly be able to get it cancelled.