Morrisons, PE, and The Equality Act.

[sameagle]

Hello,

 

As I wrote in somebody elses' thread, [my apologies for that] I've been harassed by "PE" since January/February, for being a bit late back from shopping with two disabled people at "Morrisons" in Stone, Staffordshire, back in December.

 

Anyway, as a result, all of my disabled people, who I ferry to and from the shops, decided to boycott "Morrisons", and, so far, their takings from us, as of today, 23 July 2013, [groceries, cafe and filling station], are down by £9477.18

 

I am partway through a letter to their CEO, to be sent "recorded, signed for", when I locate him/her, and an address.

 

Now, the letter before action from "PE", states that, my "appeal" failed.

 

I didn't send an appeal, not to "PE", or to Morrisons!!

 

I did send a letter of complaint to Morrisons, [complaint, you should note, not appeal], in which I requested a copy of the document which gave "PE" permission to operate on Morrisons car park - no copy was received, although I did get a rather mealy mouthed reply about "providing receipts".

 

What? after a few weeks, when I'd been away on holiday, and the majority of the receipts would not have been mine, anyway, they were issued to my disabled "charges"

 

I wrote a further letter reminding them of "The Equality Act"

 

So, if "PE" take me to court, and the first thing that I do is to demand the copy of my "appeal", they wouldn't be able to produce one - the only thing that they might be able to produce, would be my letters to Morrisons - would either of these actions cause their case to fail?

 

Either on the grounds of their "consideration" of a non existant "appeal" letter, proving them to be liars, or by trying it on with a letter, patently not written to them, but passed on by Morrisons, and that would surely have Data Protection issues for both outfits?

 

Comments and advice welcomed, please.

 

Sam

[bristolmary]

Just to let you know the CEO is Dalton Phillips and their address is

 

Wm Morrison Supermarkets PLC

Hilmore House

Gain Lane

Bradford

BD3 7DL

 

You can also try dalton.philips@morrisonsplc.co.uk

[sameagle]

Thanks for that BM, previous advice that I've had, suggests a letter is preferable to an Email, but all information is useful.

 

Sam

[renegadeimp]

Send him a letter and make sure you mark it private and confidential. Dont send an email as you will just be passed to the customer care department.

 

One thing to remember, PE have no basis for any claim if they try that avenue. They would have to provide proof of a loss. Something which they cannot and will never be able to do.

[Tony P]

If PE wrote rejecting your 'appeal', they should have included a reference for you to appeal to PoPLA (and cost PE £27+VAT) and is binding on them but not you!

But you never got it because you never sent an appeal!

 

I would also insist on a copy of PE's rejection of your 'appeal' to them.

[sameagle]

Do you mean that I should write to "PE", and ask for a copy?

 

Sam

[Tony P]

Do you mean that I should write to "PE", and ask for a copy?

 

Yes. It would clarify or open a number of queries/avenues regarding their following their trade body's procedural rules, or not.

 

We can take it from there once we know what happened to the 'appeal' you never made and their reply you never received!!

Try not to admit to being the Driver by not using the first person singular.

[sameagle]

Two letters away in the post, one to "Morrison" CEO, and the other to "PE"

I will keep the forum up to date..

 

Sam

[sameagle]

Nothing from "Morrisons" CEO yet, but it was a long'ish letter, and he, or a minion, may need to carry out some research; I asked him, in respect of "The Equalities Act", what "Morrisons" policies are in respect of disabled people and their parking arrangements, and what instruction they have given "PE" in this matter, and would he arrange to have a copy sent to me?

 

I also pointed out just how much they've lost, due to this venture with "PE", and incidentally, how I, and I'm a shareholder, [not for much bloody longer], notice that their takings are down by 2.1%, and their profit by 7.2%.

 

 

I have had a letter from "PE" today, however, it's a copy of a letter, dated in May, which they allege that they sent to me, and it thanks me "for your correspondence in relation to the Parking Charge issued in December at Morrisons Car Park.

 

They go on to say that they previously asked me for further evidence in relation to this and that they gave me 14 days to do this, blah, blah

 

It further states that my "recent appeal has been unsuccessful"

 

There's just one snag - the only letter that I've written to "PE" is the one that I wrote last week!

 

A Morrisons "Customer Services Advisor" sent me a letter in reply to my initial letter to them, [a letter of complaint, I should point out, nowhere in it, did I mention "appeal"], they said that they needed to recover the till receipt from me.

 

That letter came whilst I was on holiday, and I didn't even see it until my return - why should I have my till receipt after all that time, and what would it prove, and I certainly don't collect till receipts from my "charges" - why should I?

 

I have to say that it seems that "Morrisons Customer Services Advisor" has been showing my mail to "PE" - DPA issues there, I'd have thought?

 

Will keep you updated.

 

Sam

[Scouse Magic]

This is quite simple...Firstly telephone the manager of the store and tell him what you think of both him and PE...if you are unfortunate enough to receive court papers from these hyenas, you can ask the court to strike out the case as you were not made aware of your rights under POPLA / POFA and now it is outside of the timescales......And / Or the argument of PE not owning the land in question and the bog paper they send you is not a pre estimate of loss, as already stated by other caggers !! Get your local paper involved Too !!

[sameagle]

Thanks very much, Scouse Magic, but I don't want to telephone at the moment, I'm trying to keep a paper trail of all of this.

 

Also, I think that I should wait for a reply from the CEO, as I've written to him.

 

If he has anything about him, he will get everything cancelled, but I will still press him, because I want to know what their policies are, in respect of the disabled - I'm registered as a carer with more than one NHS trust, and other organisations that look after the disabled, and carers, and I want to post it up in their premises.

 

However, if, as you say, I wasn't made aware of my rights, [and I didn't receive PE's letter dated in May], and if I receive papers, should I attend court, or write and tell the court, prior to the court date?

 

Sam

[Scouse Magic]

Thanks very much, Scouse Magic, but I don't want to telephone at the moment, I'm trying to keep a paper trail of all of this.

 

Also, I think that I should wait for a reply from the CEO, as I've written to him.

 

If he has anything about him, he will get everything cancelled, but I will still press him, because I want to know what their policies are, in respect of the disabled - I'm registered as a carer with more than one NHS trust, and other organisations that look after the disabled, and carers, and I want to post it up in their premises.

 

However, if, as you say, I wasn't made aware of my rights, [and I didn't receive PE's letter dated in May], and if I receive papers, should I attend court, or write and tell the court, prior to the court date?

 

Sam

 

Hiya, if it was me I'd be in court with PE asap but you are not me.... I think given your situation I would wait and see what happens with the CEO, bearing in mind you may be waiting a good few weeks.....If you receive Northampton County Court papers then you must lodge a defence, in which case there will be plenty of advice on here on how to structure that defence so dont worry..

[sameagle]

OK, up to today, still nothing from Morrisons CEO.

 

I've written to PE today, requesting three things.

 

A copy of the "correspondence" that they referred to in the letter that I never received back in May - should be interesting, as I never sent them anything!

 

Proof that I received the letter, and who signed for it.

 

Copy[ies] of their policy when dealing with disabled people and their carers in car parks which they "infest"

 

I'll let you know....

 

As an afterthought, if I receive a summons to Court, and my defence relies on information that I've requested from Morrisons, and it still hasn't arrived, can I ask for the whole thing to be set back, [my letter to them has been delivered]

 

Sam

[renegadeimp]

Your defence wont rely on morrisons info. It will rely solely on PE showing if they had any losses. They wont have.

[Scouse Magic]

Thats correct, PE have no loss therefor the charge is not a genuine pre estimate of actual loss.it is punitive and meant to be a deterent and thus not recoverable in law (Excel Parking Services Vs Hetherington - Jakeman.) Secondly you can direct the judge to see a copy of their contract that allows them to bring court proceedings against you as ONLY the landowner can bring a claim for loss of revenue..Thirdly you could also ask to see a breakdown of the revenue given to Morrisons from PE in the last financial year

Edited August 2, 2013 by Scouse Magic
spelling

[sameagle]

Right, thank you all, for that wonderful news!

 

I've now had a letter from a lady at Morrisons, who tells me that their CEO has read my letter, and has asked her to investigate the matter.

 

She wanted my vehicle reg no, and the "PE" parking charge notice number.

 

I've Emailed 'em off this afternoon, but after what has been written, it's an academic exercise, because nothing can be done to me.

 

I know that she is only carrying out orders from the "Dream Factory", but does all of this mean that Morrison's CEO actually believes "PE's" cr*p, and is prepared to drag this out, losing revenue all the time?

 

If he does, then I need look no further to see why UK commerce is in such a bloddy shambles!!

 

Time that somebody asked a few questions, at the shareholders meeting!!

 

Sam

[renegadeimp]

Youll find out that he doesnt actually make the decisions regarding PE. All that is done by the lower management team who do the actual day to day running of the store. The CEO gets paid 800k+ a year basically to be the face of the supermarket and come up with some rather weird ideas.

[Surfer01]

Any update as we use Morrisons frequently?

[renegadeimp]

Majority of Morrisons stores dont have a parking policy. Those that do can easily be laughed at, the same way we deal with any other private parking company.

[Scouse Magic]

I hope the OP gets the result she desires and continues to review where to shop.....I wish it was me because Id be straight to court, no appeal, no popla ... nothing...These scumbags have no legal right to threaten anybody as they do not own the land and neither do morrisons..and as already pointed out by other caggers, road markings on private land have no place in the legal system whatsoever and even if we agree PE have a contract to monitor parking with a maximum stay, the financial loss to the landowner is Nil....No Judge in the land will entertain the mugs trying to abuse the system and extract money out of people by way of duress....If someone took the mickey and left the car overnight maybe that could be looked at, but I hate these scumbags and dearly look forward to taking them on in the future..

[Scouse Magic]

Would Anyone like to apply for the PE Vacancy below bearing in mind you will have to trawl sites like these Ho Ho Ho !

 

Here's the comments of one employee..."I joined ParkingEye over a year ago and have gained invaluable people skills in my varied and interesting role."

 

What would that be then...sending out continuous crap in the post and bullying elderly people with the risk of a CCJ ??

 

Anyhow, heres the Job !!

 

 

 

Parking Eye Enforcement Officer

 

We are looking for an Enforcement Officer to join our newly created Enforcements Team. The role will report into the Head of Enforcement and will assess and handle a large volume of cases through the early stages of the claims process and will require a good attention to detail and the ability to move from one task to another at short notice. The job holder will need to be proactive, highly organised individual with good customer service skills.

 

The role of Enforcement Officer within our Enforcement Team has access to keeper at the date of event (KADOE) details provided to us from the DVLA. In order to use this service all employees and potential employees will need to ensure that you have

 

1.Signed a declaration that you have no unspent convictions or pending prosecutions, including being arrested and on bail

 

2.Signed an undertaking to tell us if you have any pending convictions or prosecutions, whilst employed by ParkingEye Ltd and using the KADOE Service

 

3.Signed a declaration that you will only use the data from the KADOE service for its intended use in relation to your job

 

Main Duties:

 

*Assessing whether a case is suitable for a county court claim. This will include looking at a number of different factors

 

*Finding potential candidates for ‘further action’ by analysing a number of key websites/forums and the information they provide

 

*Dealing with calls, correspondence and payments from motorists in relation to their court claim

 

*Dealing with correspondence from the courts. This will include putting together the further particulars of claim where applicable

 

*Ensuring that all case records are up to date

 

*Analysing information from a panel of Debt Collection Agencies and dealing with any correspondence/appeals that may arise

 

*Liaising with the appeals team, with regards to appeals/cases that will be fast-tracked to ‘further action’

 

Other Duties:

 

*Maintaining (and building on) existing relationships with hire/lease companies. This will include providing them with reports on outstanding charges and ensuring that the process is as streamlined as possible

 

*Creating and monitoring potential instalment plans

 

*Assessing appeals and correspondence from ParkingEye’s European Parking Charge collection service

Hours:?37.5 hours per week

 

*Monday to Friday, 9am – 5pm

 

*Salary / Annual Leave: Up to £16,500 depending on expereince

 

*20 days annual leave (plus statutory)"

[renegadeimp]

So they dont even do ariminal record check? They just get you to sign a declaration?

[ericsbrother]

I like the bit about trawling forums looking for people to persecute. Should be a BIG note for when people subscribe that they should not use their own name or similar for membership moniker so it is harder for these bandits to single them out, as has happened in the past..

[renegadeimp]

It could also be illegal for them to do that.

[Scouse Magic]

The funny thing is...these losers scour the internet (Well if I was getting £16,500 I would) and they think they can print it off and use it in court in their evidence bundle as some kind of point scoring tactic to which the judges have absolutely no interest whatsoever..