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#Post#: 49743--------------------------------------------------
Britannia Parking - Parked longer than max period - Waitrose
Buckurst Hill
DIR By: flash2005
Date: December 14, 2024, 5:24 am
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The driver was doing shopping at Waitrose Buckhurst Hill and
then also had coffee inside the cafe which extended the time
period a little bit. Unfortunately got a PCN from the parking
management company who manages their car park. Unfortunately,
when doing they shopping they selected the no-receipt option to
save paper, so the credit card statement is attached here as
proof. This is extremely disappointing such stupid behaviour
from the company. Is this worth appealing or should be ignored
? I have already written to Waitrose customer service to
complain about such appalling behaviour from their parking
management company.
<br>Front<br>
HTML https://i.imgur.com/HB4U04N.jpeg<br>
Back<br>
HTML https://i.imgur.com/4J6pDL2.png<br>
Credit Card Statement <br>
HTML https://i.imgur.com/52TlWIp.png
#Post#: 49746--------------------------------------------------
Re: Britannia Parking - Parked longer than max period - Waitrose
Buckurst Hill
DIR By: flash2005
Date: December 14, 2024, 5:38 am
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I am giving the draft of what I sent to Waitrose customer
service below, in case it helps others who face the same issue
Dear Waitrose,
I am writing to bring to your attention an issue that arose
following a recent shopping trip to the Waitrose branch in
Buckhurst Hill. A Parking Charge Notice (PCN) has been issued by
Britannia Parking, who manage the car park associated with your
store.
The visit to your store involved a transaction, and the credit
card statement attached to this email serves as proof of
purchase. Unfortunately, during the checkout process, the
“no-receipt” option was selected to reduce paper waste, so there
is no paper receipt available. However, the statement should
confirm the transaction and demonstrate that the individual
using the car park was a paying Waitrose customer.
Given that the car park is designated for your customers, it is
disappointing to see a penalty being issued in this instance.
While I understand the necessity of parking management, it feels
excessively punitive to impose a £95 fine on a genuine customer
for a minor overstay due to unforeseen circumstances.
As Waitrose retains oversight of Britannia Parking’s operation
at this location, I kindly request your assistance in contacting
them to have this PCN cancelled. Your intervention would help
resolve this matter amicably and would reinforce the excellent
customer care that Waitrose is known for.
Please find attached both the PCN and the credit card statement
for your reference. Should you require any further details to
facilitate this request, please do not hesitate to let me know.
Thank you for your time and understanding. I look forward to
hearing from you.
#Post#: 49757--------------------------------------------------
Re: Britannia Parking - Parked longer than max period - Waitrose
Buckurst Hill
DIR By: mickR
Date: December 14, 2024, 6:48 am
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yes Waitrose is the first port of call. might be better to go
there and speak to the manager rather than anyone at customer
service. take your evidence. don't tell them exactly who was
driving just incase they pass it on to brittania
#Post#: 49768--------------------------------------------------
Re: Britannia Parking - Parked longer than max period - Waitrose
Buckurst Hill
DIR By: b789
Date: December 14, 2024, 7:53 am
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That Notice to Keeper (NtK) is not PoFA compliant which means
that the Keeper cannot be liable for the charge. As Britannia
have no idea who the driver is, why on earth are you identifying
your wife as the driver?
Whoever is the registered keeper is the person who has received
the NtK. There is no legal obligation on the Keeper to identify
the driver to an unregulated private parking company. If
Britannia want to hold the Keeper liable fr the charge, they
have to fully comply with ALL the requirements of PoFA. They
haven't.
By all means, complain to Waitrose. Just make sure you aim as
high up the management food chain. Don't rely on some lowly
customer service agent to either understand the complexities of
Parking Charge Notices (PCNs) or even care about liability. If
you do "talk" with someone and they say that they will do
something, remember that it is not worth the paper it is not
written on. Get everything in writing.
As for appealing the PCN, simply use the following, appealing
ONLY as the Keeper, before the appeal deadline if you've not had
any success with your Plan A appeal to Waitrose:
--- Quote ---
> I am the keeper of the vehicle and I dispute your 'parking
charge'. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. Britainnia has relied on contract law allegations
of breach against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NtK can only hold the driver liable.
Britannia have no hope at POPLA, so you are urged to save us
both a complete waste of time and cancel the PCN.
--- End Quote ---
Just remember that this is an easy one to defeat... as long as
the unknown drivers identity is not revealed. There is no legal
obligation on the known keeper (the recipient of the Notice to
Keeper (NtK)) to reveal the identity of the unknown driver and
no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which
means that if the unknown driver is not identified, they cannot
transfer liability for the charge from the unknown driver to the
known keeper.
If you have to discuss this with anyone, you, the known Keeper
simply refer to the unknown driver in the third person. No "I
did this or that". Only "The driver did this or that". If they
cannot go after the Keeper because they have not relied on the
strict requirements of PoFA, then they have nowhere else to go
if the drivers identity is unknown.
#Post#: 49772--------------------------------------------------
Re: Britannia Parking - Parked longer than max period - Waitrose
Buckurst Hill
DIR By: mickR
Date: December 14, 2024, 8:20 am
---------------------------------------------------------
after re reading the OPs post #2 and ive realised he's already
outed the drivers identity to Waitrose!!! let's hope they either
just instruct Brittania to cancel or just refuse the OPs
request. then they might not pass on the email containing the
drivers identity :-\
@flash edit your second post to remove reference to the identity
and change to "the driver"
#Post#: 49786--------------------------------------------------
Re: Britannia Parking - Parked longer than max period - Waitrose
Buckurst Hill
DIR By: b789
Date: December 14, 2024, 9:13 am
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It won't really matter at this stage. The NtK has been issued to
the Keeper, assuming that the Keeper is the OP and wasn't the
driver at the time. It's too late for Britannia to do anything
else because only the Keeper can provide the drivers details to
them.
It was more of a warning and heads-up to the OP and anyone else
reading this thread about why they use be very careful how they
word their comms.
#Post#: 49889--------------------------------------------------
Re: Britannia Parking - Parked longer than max period - Waitrose
Buckurst Hill
DIR By: flash2005
Date: December 15, 2024, 7:35 am
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Waitrose have declined to cancel the PCN so next stage will be
to file an appeal. Should this be filed sooner or is there any
benefit in waiting till the last day ?
#Post#: 49902--------------------------------------------------
Re: Britannia Parking - Parked longer than max period - Waitrose
Buckurst Hill
DIR By: b789
Date: December 15, 2024, 8:06 am
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It really doesn't matter when you submit the Plan B appeal as
long as it is before the deadline. With a correspondence date of
9th December 2024, you have until 6th January to submit the
appeal.
Give yourself a break and enjoy the holiday season and then
submit your Plan B appeal just before 6th January 2025. Just use
the exact wording I provided. Make sure when you submit the
appeal that you don't select any drop down menus or tick boxes
that identify you as the driver. You are only appealing as the
Keeper.
Can you tell us who you complained to at Waitrose? How high up
the management food chain did you start from? What was their
reasoning for not wanting to assist you by getting the PCN
cancelled?
#Post#: 49905--------------------------------------------------
Re: Britannia Parking - Parked longer than max period - Waitrose
Buckurst Hill
DIR By: flash2005
Date: December 15, 2024, 8:15 am
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--- Quote from: b789 link ---
>
> It really doesn't matter when you submit the Plan B appeal as
long as it is before the deadline. With a correspondence date of
9th December 2024, you have until 6th January to submit the
appeal.
>
> Give yourself a break and enjoy the holiday season and then
submit your Plan B appeal just before 6th January 2025. Just use
the exact wording I provided. Make sure when you submit the
appeal that you don't select any drop down menus or tick boxes
that identify you as the driver. You are only appealing as the
Keeper.
>
> Can you tell us who you complained to at Waitrose? How high up
the management food chain did you start from? What was their
reasoning for not wanting to assist you by getting the PCN
cancelled?
>
--- End Quote ---
I wrote to customerserviceteam@waitrose.co.uk and this is the
response I got. How do I go higher up the management food chain
?
"Regrettably, we're unable to refund your parking fee as the
amount of time you spent in the car park does suggest you
weren't in the store for the whole period and I understand this
will be disappointing."
#Post#: 49914--------------------------------------------------
Re: Britannia Parking - Parked longer than max period - Waitrose
Buckurst Hill
DIR By: b789
Date: December 15, 2024, 8:30 am
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You aim for the top. Google is your friend and you find out CEO
details and contact info. Let them get their minions to handle
the complaint.
Maybe you let them now that you will not be patronising their
business in future if it comes with an additional invoice from
an ex-clamper. Let them know that you will be advising all your
family, friends and acquaintances about their unreasonable
behaviour. They should worry more about their bottom line.
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