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Stuck in traffic and unable to leave car park, PCN., 2hr parking in Ely on 21st December. 40 minutes to exit car park
Atropus
post Sat, 19 Jan 2019 - 02:00
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Hello, I've just joined this forum as I was advised to by the good people of another consumer site. We went to a car park in Ely (the Waitrose one if anyone knows it) and the driver parked at 1pm. 2 hours free parking. We returned at 1450, got in the car and spent 40 minutes trying to exit the car park. Finally left the car park at 1531.
Received a PCN yesterday. Any suggestions as to how to handle this please?
The date of the 'offence' was 21st December. PCN was issued on the 10th Jan, some 19 days after. There were 2 of us in the car. The company is Brittania Parking.

Apologies if it seems a bit abrupt, I'm not really sure what else you need.

Thanks in advance.

A.

This post has been edited by Atropus: Sat, 19 Jan 2019 - 14:29
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post Sat, 19 Jan 2019 - 02:00
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ford poplar
post Sat, 19 Jan 2019 - 03:10
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Approach the store manager to see if he can get the 'ticket' cancelled. He must know how busy the car park was on that day.
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ostell
post Sat, 19 Jan 2019 - 09:32
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As suggested the manager first, with strong complaints.

Edit your post so that the identity of the driver cannot be inferred. Use "the driver....." etc.

And a rebuttal to the parking company:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


First class post, free certificate of posting from a post office.

This post has been edited by ostell: Sat, 19 Jan 2019 - 09:32
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Jlc
post Sat, 19 Jan 2019 - 09:38
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..and finally it was a frustrated contract. You agreed to the conditions but could not comply with them due to circumstances outside your control.

Not that Britannia are particularly litigious. But the lack of compliance for keeper liability should see if off if the store doesn't see sense...


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Redivi
post Sat, 19 Jan 2019 - 10:34
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They have become quite litigious recently

Wonder if it's an actual policy to issue claims or a consequence of employing BWLegal and its roboclaim process

I have serious doubts about the BWL Letters Before Claim that say "our client has instructed us to take legal action"
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Atropus
post Sat, 19 Jan 2019 - 11:34
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QUOTE (ostell @ Sat, 19 Jan 2019 - 09:32) *
As suggested the manager first, with strong complaints.

Edit your post so that the identity of the driver cannot be inferred. Use "the driver....." etc.

And a rebuttal to the parking company:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


First class post, free certificate of posting from a post office.

Thank you. As suggested I will send a letter to the store manager and the response as you suggested to Brittania. Do I do this as an appeal, or is this simply a rebuttal of the whole process though?
I have also did the post.

Thanks for your help. (A lot of interesting reading on this site. )

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Steve_999
post Sat, 19 Jan 2019 - 11:50
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QUOTE (Atropus @ Sat, 19 Jan 2019 - 11:34) *
QUOTE (ostell @ Sat, 19 Jan 2019 - 09:32) *
As suggested the manager first, with strong complaints.

Edit your post so that the identity of the driver cannot be inferred. Use "the driver....." etc.


. . . . .

. . . . .
I have also did the post.

Thanks for your help. (A lot of interesting reading on this site. )




Assume you meant to say "edited the post." And you have not; it is still as originally posted.
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cabbyman
post Sat, 19 Jan 2019 - 12:07
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EDIT your first post, NOW, to avoid identifying the driver. This is CRUCIAL.


--------------------
Cabbyman 11 PPCs 0
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Atropus
post Sat, 19 Jan 2019 - 12:37
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[/quote]

Assume you meant to say "edited the post." And you have not; it is still as originally posted.
[/quote]
Thanks, I did mean edited but I was doing this on a tablet and forgot to check before posting. Strangely the edit to the OP didn't save. It did this time.

QUOTE (cabbyman @ Sat, 19 Jan 2019 - 12:07) *
EDIT your first post, NOW, to avoid identifying the driver. This is CRUCIAL.



Done, thanks! (Tried once before but it didn't save the changes. New to the site, and still fumbling around).
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cabbyman
post Sat, 19 Jan 2019 - 12:37
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Try again. The driver parked. The RK received the NtK and will appeal. PPCs read this forum.


--------------------
Cabbyman 11 PPCs 0
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Atropus
post Sat, 19 Jan 2019 - 14:31
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QUOTE (cabbyman @ Sat, 19 Jan 2019 - 12:37) *
Try again. The driver parked. The RK received the NtK and will appeal. PPCs read this forum.

Thanks. Done, I think! I'm a newbie at this but I will get there in the end. huh.gif
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Atropus
post Sun, 17 Feb 2019 - 14:56
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Thanks everyone and Pepipoo. Received a letter yesterday saying that 'as it was my first offence they would let me off'. No mention of the fact that they delayed too long in sending the notice out or acknowledgement that the car park layout and heavy traffic prevented me from leaving within the alloted time.

But I will give them their moral high ground and accept it as a victory. Many thanks everyone, and carry on the good work.
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MatchlessG80
post Sun, 17 Feb 2019 - 15:41
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Well done on getting it cancelled. Is assume the phrase 'as it was my first offence they would let me off' is paraphrased from the letter from them? How would they know if any subsequent 'offence' is not a 'first offence' as they will have no record of it (or shouldn't have as data would be deleted). These companies take 'mealy mouthed' to a new high.
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