Parking charge for Waitrose overstay |
Parking charge for Waitrose overstay |
Thu, 2 Dec 2021 - 20:20
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#1
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Member Group: Members Posts: 23 Joined: 25 Aug 2020 Member No.: 109,526 |
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Thu, 2 Dec 2021 - 20:20
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Thu, 2 Dec 2021 - 20:52
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#2
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Yep, list the many POFA fails.
Go into Waitrose and complain to the MANAGER |
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Thu, 2 Dec 2021 - 21:31
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#3
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Member Group: Members Posts: 4,363 Joined: 9 Apr 2021 Member No.: 112,205 |
As above, be sure to list the specific ways they've failed to comply with POFA
Charge not appropriate What do you mean by charge not appropriate? -------------------- Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | British Parking Association (BPA) Code of Practice | International Parking Community (IPC) Code of Practice |
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Thu, 2 Dec 2021 - 21:49
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#4
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Member Group: Members Posts: 23 Joined: 25 Aug 2020 Member No.: 109,526 |
As above, be sure to list the specific ways they've failed to comply with POFA 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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Thu, 2 Dec 2021 - 21:50
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#5
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Member Group: Members Posts: 4,363 Joined: 9 Apr 2021 Member No.: 112,205 |
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.
-------------------- Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | British Parking Association (BPA) Code of Practice | International Parking Community (IPC) Code of Practice |
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Thu, 2 Dec 2021 - 21:52
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#6
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Member Group: Members Posts: 23 Joined: 25 Aug 2020 Member No.: 109,526 |
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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Thu, 2 Dec 2021 - 22:11
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#7
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Member Group: Members Posts: 4,363 Joined: 9 Apr 2021 Member No.: 112,205 |
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.
-------------------- Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | British Parking Association (BPA) Code of Practice | International Parking Community (IPC) Code of Practice |
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Wed, 8 Dec 2021 - 10:40
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#8
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Member Group: Members Posts: 23 Joined: 25 Aug 2020 Member No.: 109,526 |
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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Wed, 8 Dec 2021 - 10:51
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#9
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Member Group: Members Posts: 4,363 Joined: 9 Apr 2021 Member No.: 112,205 |
Excellent. Make sure they do!
-------------------- Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | British Parking Association (BPA) Code of Practice | International Parking Community (IPC) Code of Practice |
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Wed, 8 Dec 2021 - 20:42
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#10
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
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 -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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