ecp parking ticket sainsburys

[philihuf]

Hi I got a window invoice on the 22nd of march from ECP in Sainsburys for parking over the white line onto the dashes lines on the end of a row, the ticket was for £30 if paid before 14 days and £60 from 14+

 

I then received (28 days later) a letter in the post to the registered keep of the vehicle, being me, saying that i owed the full £60 to pay withing 28 days.

 

I haven't contacted ECP but i have contacted Sainsburies as after looking through my bank statement i spent £59.18 the day of the fine and i regularly do a weeks shopping there and that i am discussed that they would give a valued customer a fine. hopefully they will be able to waiver the fine.

 

What should be my course of action if they cannot? should i Appeal the fine to ECP and ask for a POPLA number? what grounds should i use to appeal it?

[silverfox1961]

Hi and welcome to CAG

 

Absolutely appeal. This will be rejected but then you can go to POPLA (on the assumption they are a member) This costs them, not you.

 

The grounds can be anything you want but really you should be relying on

 

1 No breach.

2 Not a Genuine Pre estimate of Loss (GPEOL)

Plus anything else you can think of.

 

With sainsbugs, they do seem to abdicate responsibility a lot of the time but you never know.

[philihuf]

so now i go on there website (euro car parks) and make an appeal that i was not improperly parked?

do i also ask for a POPLA number now?

[silverfox1961]

When they reject your appeal they should give you a POLA code but it can do no harm to say to them that you want the code at the earliest opportunity.

[philihuf]

Am I legally obliged to state the driver of the vehicle?

[silverfox1961]

Do not name the driver. You are under no obligation to do so. In any appeal state "The driver" not "I" or anything else that could identify the driver.

[philihuf]

How would this sound?

 

" After receiving an invoice in the post on 23/04/14 stating that a charge of £60 has occurred on the 22/03/14 in "Sainsburys - Mansfield" which is under your companies jurisdiction.

The invoice only states "Breach of terms & conditions - Failure to adhere to signage on site" and does not state what the breach on terms the driver committed that day which makes it very difficult to determine the fault.

With the car park being free for use £60 does not seem like a "Genuine Pre estimate of Loss" as there will have been no loss of earnings to your company.

I would also like to take this opportunity to request a POPLA number in order for me to have the situation independently evaluated by a non bias body. "

Edited April 28, 2014 by philihuf

[f16]

Hi philhuf,

If you just add "If you fail to allow this appeal then I request that you provide a POPLA code"........

 

They will reject it anyway

Send it "Signed for postage"

There have been situations where the PC said they did not get an Email appeal.

[ericsbrother]

proof of posting from the post office will do. The law determines that a letter arrives 2 days after it is posted whether that is true or not. the PoP will cover you for any claim of non-communication.