parking at matalans Stevenage

[missiehenry]

Hello everyone, I would very much like some advice please as to what I should now do.

I parked in Matalan Stevenage recently and did not pay for a parking ticking as I thought that the parking was free for shoppers in Matalan. I spent just over an hour there and brought some goods. I later received a PCN in the post to which I have appealed, sending in my receipt as proof of purchases. This has been rejected on the grounds that the terms and conditions apply to all motorists at this site. The letter said that I can appeal to POPLA and I have been given a code to use. The letter does not state what I should do if I want to pay the PCN nor how much it is.

What are my options now, should I appeal even though I shopped there but did not pay for a parking ticket, or should I pay the PCN? The original charge for the PCN was £50.

Many thanks for any advice.

[unclebulgaria67]

Ask Matalan store manager about this. Is it free or not ? What are the parking terms at the store ?

 

Then you can decide what to do. If you had to pay and display, then you should pay the penalty for your mistake. If it is free parking and you met the terms, ask the store to see if they can intervene or appeal to POPLA.

[missiehenry]

Kinda what I was expecting tbh, thanks for your reply though.

[armadillo71]

WOAH THERE!

 

No time now but please read these threads;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?405805-PPC-Successes-(No-Questions-please)/page7

 

You appeal to POPLA with the correct words and let them decided.

 

DO NOT PAY UNTIL WE GIVE MORE ADVICE.

[Cardiff Devil]

If you had to pay and display, then you should pay the penalty for your mistake.

 

Seriously? It's not a penalty, penalties on private land are illegal. If it was pay and display and the OP didn't realise, the most they should even consider offering to pay would be the cost of the P&D ticket, no more than a couple of quid. Not the spurious charge that the PPC makes up that doesn't represent any kind of actual loss.

 

You have the POPLA code so appeal to them, there are plenty of examples on this board and others of templates that you could use, although if you use a template, be sure to tailor it to fit your circumstances, but make sure you include that the charge is not a Genuine Pre-Estimate of Loss (GPEOL).

[missiehenry]

Many thanks for your replies. I will be studying the links and templates that you have all suggested. I will probably appeal to popla, I had only parked for an hour and £50 is excessive.

[Dublindel]

What tosh from that Bulgaria learner. You put in a POPLA appeal stating that the charge does not represent a genuine pre estimate of loss. You also believe that no contract exists and no evidence of this has been presented to you. And you have wish to see the contract with your signature on presented.

[ericsbrother]

tell us the date of the parking event and the date you received the demand. They may well be on a sticky wicket even before you appeal, although you have admitted being the driver, which is always a bad idea

[missiehenry]

Hi ya. Sorry for not replying sooner but I have been a bit busy.

I parked in Mataln at 26/06/15 and my recipt show the time of purchase as 12.42. The PCN letter is dated the 07/0715.

[missiehenry]

Hi everyone

Sorry but the above information is not quite correct.

I am in the process of appealling to POPLA for my PCN. I parked at Matalan on the Sunday 28/06/15 (not the 26th), my PCN letter is dated Tuesday 07/07/15 and the letter stating that my appeal is not upheld and that I have the right to appeal to POPLA is dated the 28/07/15.

Thanks

[missiehenry]

And I forgot to say, that this parking was always free to Matalan customers in the past.

[ericsbrother]

What is the name of the parking co? Can you get down to the car park and photograph the signs at the entrance and also attached or next to the ticket machine. I bet we can find flaws in their offer of contract.

[missiehenry]

Many thanks for your reply. I have submitted my reply to POPLA today.

I have said that the charges are not proportionate and are extortionate to the amount of time that I was there. However, when I looked at the signage again it did say that users of Matalan's will receive a full refund when spending a minimum of £5.00. It does not say that I had to purchase a ticket first. The full t&c are too small to read. I could have used this when I first challenged the ticket. It's all a bit late now I suppose. This whole episode has really stressed me out.

It is now getting to the point that it doesn't matter where you shop, you have to pay to park on their land for them to have our custom, or you have a limited time in which to park and shop. Shopping is no longer a relaxing past-time; it all kinda sucks.

I am a sad and grumpy person tonight. Oh well, Ill get over it I suppose, eventually.

I will let you all know the outcome of my appeal to POPLA.

[renegadeimp]

Even if popla decline the appeal, its not binding on you. You wont have to pay a penny anyway.

[missiehenry]

why do you say that?

[armadillo71]

https://www.google.co.uk/maps/@51.900145,-0.203003,3a,90y,277.09h,75.27t/data=!3m6!1e1!3m4!1shojMOhA8vL0RtB8AA_4iCQ!2e0!7i13312!8i6656

 

 

Well looking on google maps, it shows that there was a fail safe system on the site to allow only genuine Matalan customers free use of the car park.

 

 

A kiosk and barrier.

 

 

But the barrier has been removed and a PPC is now [ problem ] money out of customers of Matalan.

 

 

You must complain and show your disgust to Matalan at how they treat their customers...

 

 

 

 

You have obviously identified yourself as the driver in your appeals which we would not normally advise, but you must add to your POPLA appeal to include;

 

 

1.That you wish to see proof, through sight of contract , that Smartparking have lawful authority from the land owner to issue and pursue parking charge notices at the site in question.

 

2. Proof that the charge is not punitive.

 

 

3. The breakdown of the genuine pre estimate of loss for the charge.

[missiehenry]

Hello everyone. I just wanted to update you all on my appeal against a parking ticket isued to me for not having brought a parking ticket at Matalins in Stevenage.

My appeal to POPLA has been unsuccessful and I now have to pay the £80. In my appeal I did say that I thought this amount was disproportionate to the one hour that I did not pay for but that argument was not upheld. I guess the wording of my argument was not good enough. The fact that I did shop there and buy goods at tht store has been acknowledged, but the letter states that it is for me to uphold the terms and conditions of the parking and that I had not done this.

Anyway, I want to say thank you to those that tried to help me, I really appreciate your time and effort and if I get any more problems of any sorts I will most definently use this site again. Many thanks.

[ericsbrother]

This does not mean that you have to pay though, it just means that you did not phrase your appeal correctly. I bet that the T&C's are flawed and a photo of the sign would be very helpful. If the wording of the contract is confusing oras in this case requires a separate action then it is not a contract as there has not been " a meeting of minds" . For this reason I say dont pay them a penny and let themchase you and when they do write we will compose a suitable response.

[missiehenry]

Hi ya. Thanks for your reply. I was going to pay the 'fine' tomorow, but I think I will hold off for a while. I would post a photo of the sign, but how do I do this? Silly question but I cannot seem to find how to upload any photos to this thread.

[armadillo71]

Hi ya. Thanks for your reply. I was going to pay the 'fine' tomorow, but I think I will hold off for a while. I would post a photo of the sign, but how do I do this? Silly question but I cannot seem to find how to upload any photos to this thread.

 

Can you upload your appeal and the POPLA adjudication please. Redacted of personal info of course.

 

Click on upload in your post above for help.

[renegadeimp]

Dont even think of paying that £80. You have absolutely NO reason to whatsoever.