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Duncan112
Hi,

I have received a charge notice from this bunch for overstaying at Tesco - the reason for my overstay was the car was being valeted, a process that obviously takes longer than 2 hours.

I appealed in the following terms:

My car was on the site for the period stated in your speculative invoice. The reason for it being there was that it was being valeted by the company, approved by the landowner for operation on their site. Accordingly I had permission to be on site for the duration of the valet procedure. I look forward to your confirmation that this notice will be cancelled. I am disappointed that there appears no co-ordination of fact between your automated invoicing system and the valet company.

They have now replied:

Thank you for your correspondence relating to your Parking Charge Notice (PCN).



Please forward to us the full name and address of the driver at the time this charge was incurred so that we can update our records accordingly.



In light of your claims, we have considered your representations and are prepared to reconsider the status of this Notice should we receive evidence of your custom at the site on the date in question, such as copies of receipts, bank statements or otherwise. However, until such time as this evidence is received this Notice will continue to remain outstanding.



We are placing this Notice on hold for 14 days from the date of this letter to allow time for the documentation requested to be received.

I paid cash for the valet so have no invoice (but I'll try to get one Monday)


Aside from the nonsense on the driver (it was me, and I haven't raised this point or denied it)

Questions are twofold:

1) if I can't get an invoice what next?

2) If I can get an invoice am I better waiting until POPLA to produce it and cost them £27 or is this a high risk strategy?

Thanks

Duncan

ostell
So you go into Tesco and complain to the manager (not the disservice desk) about being charged as a customer while using their facilities.

Forget about giving them the drivers ID, they are trying to bypass the requirements of POFA.
Duncan112
Thanks, back in the area on Monday so I'll let you know what happens
Churchmouse
Try to get some evidence that you did pay for valeting there on that day, and get some photos of the signs in the car park, both those of the PPC and of the car wash. The PPC's problem (assuming you can convince a court of the facts) is that with two businesses operating in the car park (theirs and the car wash), it is not clear which contract the driver of your vehicle can fairly be assumed to have agreed to by parking in a particular place. Your argument would be that the driver's intention when parking there was to patronise the car wash, and did so, which means there was no intention to enter into any contract with the PPC; accordingly, the PPC's contract was never formed, and therefore cannot be enforced.

The identity of the driver could be a red herring--maybe they're thinking the car was being driven (and parked) by the "valet"? And did the PCN arrive within 14 days of the incident? It's usually a good idea to post redacted scans or pictures of the PPC's documents so they can be checked.

--Churchmouse
Duncan112
Thanks all, went into Tesco, Manager photocopied the Charge Notice and said she would get it cancelled and I would receive a notice to that effect within a week, so winner.

Was also told that if you go to the desk they can put your number on a list and you will get 24 hours for car cleaning, pity it didn't say this at the car wash which carries Tesco Branding.

As an aside I was looking at the Charge Notice and on the reverse it details different methods of paying, with what would appear to be surcharges for credit card payment - this may be an offence under The Payment Services Regulations 2017?

I'll post it when I get back to m

Thanks againy scanner
The Rookie
QUOTE (Duncan112 @ Tue, 14 May 2019 - 08:22) *
As an aside I was looking at the Charge Notice and on the reverse it details different methods of paying, with what would appear to be surcharges for credit card payment - this may be an offence under The Payment Services Regulations 2017?

Would also be a PoFA failure in trying to get a keeper to pay more than the driver was liable to pay.
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