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#Post#: 64299--------------------------------------------------
Euro Car Parks on behalf of Sainsbury's Brighouse - Overstayed
maximum time period allowed.
DIR By: Owzmos
Date: March 26, 2025, 4:25 pm
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Hi all.
I apologise in advance for any formatting errors, any advice on
how to fix them would be appreciated as I can't figure it out
using the preview.
I hope you can help me appeal a Parking Charge Notice To Keeper
I've received and that I have followed the forum guide
correctly.
On 8th March 2025 at 14:55 the driver parked in the car park for
Brighouse Sainsbury's which due to its convenient,
centre-of-town location, was also used to frequent some nearby
charity shops. This took slightly longer than anticipated and
therefore when returning to Sainsbury’s to buy some shopping,
the 90 minutes free parking at the car park was elapsed but the
driver, having forgotten the arrival time thought they could
quickly grab some shopping and leave the car park. The driver
then shopped during what should have been a quick shop but due
to difficulty finding some items and asking for help from store
colleagues to find them then took until 16:48 to pay and then
after walking to the car park the driver left at 16:55 having
walked to the car park from the front of the store.
I as the registered keeper then received the attached Notice to
Keeper on the 22nd March 2025.
HTML https://i.imgur.com/Ughrxj4.jpeg
HTML https://i.imgur.com/QS9sPAU.jpeg
The driver has collected the following evidence from around the
area today to aid in my appeal.
The driver has a reprint of the receipt from the driver’s
shopping which shows the time and date of the shopping being at
16:48 8th March 2025, and the value of the shopping which was
£21.78.
The driver completely acknowledges they have overstayed the
maximum time allowed, are there any applicable grounds with
which to appeal as to my admittedly untrained eye, the NTK looks
PoFA compliant?
This is the sign on entry to the car park from a 30mph road off
a mini-roundabout
HTML https://i.imgur.com/rBxQ4jb.png
These signs below are repeated around the car park and are all
identical. The driver could not find any that were damaged and
all are under streetlamps.
HTML https://i.imgur.com/iOFsVui.jpeg
Unfortunately, the only pictures of the layout of the car park
are these Streetview images, but please trust the driver when
they say they are completely representative of the car park as
it was when the driver parked.
Entry
HTML https://i.imgur.com/Nm8kwGO.jpeg
Left Side
HTML https://i.imgur.com/FW6dvOe.jpeg
Right Side
HTML https://i.imgur.com/vhpatLT.jpeg
One issue the driver could find was complication of the issue as
a second PPC is also in operation, with the following signage
displayed all around the car park.
Horizon PPC Ad
HTML https://i.imgur.com/hauOq0I.jpeg
Horizon PPC Details/
HTML https://i.imgur.com/UNLwft1.jpeg
The driver has approached Sainsbury’s in-store manager in an
attempt to get this squashed from their side, though they have
told the driver that they cannot as this would incur a charge
for them. The driver has not yet demanded the Parking Charge be
cancelled by Sainsbury’s corporate customer service or via an
email to the CEO or similar, but is not above this.
Help drafting an appeal case and course of action to POPLA
should the case get that far would be greatly appreciated also
as the driver is not in a position to pay anything, either on
principle or financially, particularly given the fact that the
driver recalls the car park was not full.
#Post#: 64661--------------------------------------------------
Re: Euro Car Parks on behalf of Sainsbury's Brighouse -
Overstayed maximum time period allowed.
DIR By: Owzmos
Date: March 28, 2025, 11:37 am
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Hi,
Sorry to be a pain and bump this post but if anyone could
provide some advice for me that would be greatly appreciated!
#Post#: 64665--------------------------------------------------
Re: Euro Car Parks on behalf of Sainsbury's Brighouse -
Overstayed maximum time period allowed.
DIR By: b789
Date: March 28, 2025, 12:07 pm
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Why hasn't the Keeper gone straight to the corporate level of
Sainsbury's yet if the local manager fobbed them off? Hopefully
they didn't blab that they shopped elsewhere first as you have
explained.
Whatever the outcome of Plan A, a plan B appeal to ECP and a
Plan C appeal to POPLA are not likely to bear fruit. However,
you can be assured that a Plan C county court claim is the mot
likely end scenario and is over 99% likely to end with a
discontinuation if the advice if followed.
All depends on whether the Keeper is up for the fight.
#Post#: 64672--------------------------------------------------
Re: Euro Car Parks on behalf of Sainsbury's Brighouse -
Overstayed maximum time period allowed.
DIR By: Owzmos
Date: March 28, 2025, 12:41 pm
---------------------------------------------------------
Thanks for your reply, the keeper is up for the fight as they
have not the financial means nor willingness to hand over the
money.
Regarding why higher up the corporate chain hasn't been
contacted, that is the step that had already been decided on but
the keeper wanted advice as while they've had experience getting
PCNs to go away through pre-written templates at appeal stage by
themselves, the ECP PCN seems to be much more competent.
To ensure you have all the facts, unfortunately when talking
with the local manager and a shop assistant to try and get it
cancelled, it was questioned how it had taken 2 hours to get the
minimal sum of shopping paid for and the keeper stupidly let it
out that that is not what had happened.
The keeper knows and fully accepts that this may jeopardize the
whole process but is up for the fight regardless, if only to tie
up ECP and their subcontractor's time to help others.
#Post#: 64677--------------------------------------------------
Re: Euro Car Parks on behalf of Sainsbury's Brighouse -
Overstayed maximum time period allowed.
DIR By: G6PRK
Date: March 28, 2025, 1:26 pm
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Go hard on Plan A - regardless of what has been shared before -
focus on the fact that the driver was a customer. Surely they
don't want to lose a customer for life over a 30 minute car park
overstay!?
#Post#: 65172--------------------------------------------------
Re: Euro Car Parks on behalf of Sainsbury's Brighouse -
Overstayed maximum time period allowed.
DIR By: Owzmos
Date: April 1, 2025, 9:14 am
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Hi everyone, thank you for your advice.
I sent the following to Sainsbury's CEO and Customer Service.
--- Quote ---
> To whom it may concern,
>
> I have received the attached Parking Charge Notice (PCN)
Number [Redacted] from Euro Car Parks due to an overstay by [Car
Make and Registration Mark] of the maximum time allowed to be
parked at your Brighouse store on Saturday 8th March by 30
minutes, staying a total of 2 hours.
>
> The driver was shopping within the store at the time the
overstay occurred and unfortunately in the process of attempting
to find particular cleaning items, which took longer than
planned and was ultimately unsuccessful, they exceeded the
maximum time the car was allowed to be parked. The driver had
assumed that in keeping with most other Sainsbury's car parks
such as the store I frequent most locally in [Local Store with 2
hour parking limit], cars were allowed to be parked for 2 hours.
>
> Please also find attached my receipt from this date to support
my claim.
>
> Given the fact that the contravention was an honest mistake
from a customer, who was in the store at the time the free
parking lapsed, and the magnitude of the parking charge is so
great in proportion to the cost of renting a space in the same
car park for the time period of the contravention using the
space rental option available, surely a goodwill gesture can be
made to cancel the parking charge notice as it is the first and
only time this contravention has occurred.
>
> Yours Faithfully,
>
> [My Name]
--- End Quote ---
Not my best work at the end but I wanted to make it known that
trying to extract £50 to £85 for a space in the same car park
which commands £4 for 2 hours when booked through another method
is ridiculous.
I received the following in reply.
--- Quote ---
> Dear [My Name]
>
> Thank you for your email which has been received and read by
Simon Roberts. He has asked that I investigate your complaint
and respond personally on his behalf.
>
> As a gesture of goodwill, I have cancelled the PCN and no
further action will be taken.
>
> However, can I kindly request that you familiarise your self
with the terms and conditions of our car parks prior to use.
>
> Once again on behalf of Sainsburys, I am truly sorry for any
upset and inconvenience this matter has caused you and if I can
be of any further assistance in this matter or any other then
please contact me on the details below.
>
> Kind regards
>
--- End Quote ---
Taking the problem up the chain does work as you all said.
Thank you for all your help, though may I ask, why was the PCN
PoFA Schedule 4 compliant and POPLA likely to be unsuccessful?
Genuinely curious, or is it a case of it isn't compliant, POLA
are who they are and ECP always give a blanket No as part of
their MO?
Thank you again for your time.
#Post#: 65190--------------------------------------------------
Re: Euro Car Parks on behalf of Sainsbury's Brighouse -
Overstayed maximum time period allowed.
DIR By: b789
Date: April 1, 2025, 10:24 am
---------------------------------------------------------
Plan B is never successful but is required to obtain a POPLA
code to be able to do Plan C. However, unless the PoFA failure
is clear cut and one that doesn't tax the assessors mind too
much, there is a high chance that a POPLA appeal will be
unsuccessful too.
Plan C with any ECP PCN is always successful as long as it is
defended correctly.
PLan A, as you have seen, is quick and often the easiest way to
get these PCNs cancelled.
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