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Parking charge for Waitrose overstay
clvnh
post Thu, 2 Dec 2021 - 20:20
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Hello, as the registered keeper I received the pictured PCN in the post for an overstay at a Waitrose car park.

Shall I just hit them with the standard stuff? Charge not appropriate, right to act, notice not complying with schedule 4…

Anything else I can use?

Thanks in advance


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post Thu, 2 Dec 2021 - 20:20
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ostell
post Thu, 2 Dec 2021 - 20:52
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Yep, list the many POFA fails.

Go into Waitrose and complain to the MANAGER
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DWMB2
post Thu, 2 Dec 2021 - 21:31
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As above, be sure to list the specific ways they've failed to comply with POFA

QUOTE (clvnh @ Thu, 2 Dec 2021 - 20:20) *
Charge not appropriate

What do you mean by charge not appropriate?


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clvnh
post Thu, 2 Dec 2021 - 21:49
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QUOTE (DWMB2 @ Thu, 2 Dec 2021 - 21:31) *
As above, be sure to list the specific ways they've failed to comply with POFA

QUOTE (clvnh @ Thu, 2 Dec 2021 - 20:20) *
Charge not appropriate

What do you mean by charge not appropriate?


I’d pulled that from an appeal I submitted for another charge. My (admittedly limited) understanding is that the charge must be an ‘appropriate amount’ in that it must reflect the actual loss incurred by the action of parking on that land. Maybe it’s more relevant to a paid car park where they’ve missed out on the £1.50 you didn’t pay for your hour of parking or whatever?
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DWMB2
post Thu, 2 Dec 2021 - 21:50
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Ahh, the old "genuine pre-estimate of loss" - unfortunately that's not been a relevant argument for most cases since 2015, thanks to ParkingEye vs Beavis in the Supreme Court.


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clvnh
post Thu, 2 Dec 2021 - 21:52
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QUOTE (DWMB2 @ Thu, 2 Dec 2021 - 21:31) *
As above, be sure to list the specific ways they've failed to comply with POFA


Do you mind elaborating on the specific ways?

I would have just put something along the lines of - Your Notice does not comply with the statutory requirements of Schedule 4 of the Protection of Freedoms Act 2012 and you are therefore legally barred from pursuing the keeper.

This post has been edited by clvnh: Thu, 2 Dec 2021 - 21:53
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DWMB2
post Thu, 2 Dec 2021 - 22:11
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To help you understand it, have a read of the relevant part of POFA here (https://www.legislation.gov.uk/ukpga/2012/9...edule/4/enacted), look at section 9, and compare the mandated parts of that with what is in your notice. For example, they've not correctly included 9(2)(e), and haven't included 9(2)(f) at all.


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clvnh
post Wed, 8 Dec 2021 - 10:40
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As ostell suggested I spoke to the manager in Waitrose before appealing & they’ve said they’ll get it cancelled.

Thanks for the help.
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DWMB2
post Wed, 8 Dec 2021 - 10:51
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Excellent. Make sure they do!


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The Rookie
post Wed, 8 Dec 2021 - 20:42
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QUOTE (clvnh @ Thu, 2 Dec 2021 - 21:52) *
2012 and you are therefore legally barred from pursuing the keeper.

Well that’s not true, do you understand PoFA?

Hint, not having a legitimate claim and being ‘legally barred’ (whatever that means) aren’t the same thing.

This post has been edited by The Rookie: Wed, 8 Dec 2021 - 20:43


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