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    • So I make a post and ask you some questions and you then go in and make a response which deals with something completely different and which ignores the questions which I have asked completely. I do see how we can move forward on that basis
    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
    • Late to this, sorry - my wife claims contributory ESA and got her P60 about two weeks ago. Now I know she's overpaid on her tax and I'm just waiting for HMRC (the department I currently work for) to figure it out. They owe her about £150.
    • World Bank President David Malpass says billions of people will have their livelihoods affected. View the full article
    • World Bank President David Malpass says billions of people will have their livelihoods affected. View the full article
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bluehouse

Horizon ANPR PCN - Sainsbury's kings chase shopping centre Regent Street, Kingswood BS15 8LP

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We've received what we believe to be an unfair and potentially unlawful £85 parking charge. Please find our answers to forum questions below.

 

It seems we're not the only ones who have fallen foul of this event as there is another forum post from earlier this year in the same car park:

 

https://www.consumeractiongroup.co.uk/topic/417140-horizon-anpr-pcn-sainsburys-kings-chase-shopping-centre-regent-street-kingswood-bs15-8lp/

 

We're after advice on whether it's likely we'd have the charge dropped if we contested, and how to go about it since the above thread doesn't give any info about the outcome of that incident.

 

To give a bit of context; the car park in question was formerly a pay and display car park which had an entrance barrier. We've been using the car park for a number of years and happily paying the fee to park. More recently the car park has had the barriers still in place but always up and not issuing tickets so there was no way to pay (they have been renovating the car park).

 

It seems at some point, we're not sure exactly when, they have switched to a "pay on exit" scheme with Horizon controlled by cameras. The entrance barrier has now been removed completely.

 

Upon revisiting the car park as per instructions in this forum we noticed some extremely poor and unreadable signage notifying customers of the new parking system in place.

 

The photos of the entrance are attached; there is a small unfixed sign in the entranceway which has been turned at an angle and is unreadable at the viewing distance of a driver entering. In their photo on the NTK it looks like the sign is potentially pointing towards the vehicle, but it's difficult to tell. 

 

There is a canvas sign up on the top of the multi storey part of the car park which is large but also unreadable due to being crinkled, and nowhere near in view of where car drivers would be looking (you can see how far across it is from the driver entrance in the photo). This (and another similarly obscured banner inside the shopping centre) are the only ones which mention there being a change to the parking system.

 

A number of smaller signs go into detail about the new parking scheme in place, however these are not attention grabbing and mention nothing that would notify existing users of the car park that they now have to go and enter their reg number upon exit to make a payment.

 

Pictures of all of this are attached.

 

Any help with this would be much appreciated. It seems very shady and there would be many ways they could have ensured customers were aware of the new system.

 

As you can see from our photos, there are still posters up inside the shopping centre saying "100 new car park spaces coming soon" which have been there since before the car park got renovated.

 

Many thanks

 

1 Date of the infringement

 

16th August 2019

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

 

21st August 2019

 

3 Date received

 

24th August 2019

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

 

Not that I can see.

 

5 Is there any photographic evidence of the event?

 

Yes

 

6 Have you appealed? [Y/N?] post up your appeal]

Have you had a response? [Y/N?] post it up

 

Not appealed yet (NTK received today).

 

7 Who is the parking company?

 

Horizon Parking

 

8. Where exactly [carpark name and town]

 

Horizon ANPR PCN - Sainsbury's kings chase shopping centre Regent Street, Kingswood BS15 8LP

 

 

 

 

 

 

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Images posted directly to your post removed

Please use one multipage pdf

Read upload

 

Include both sides of your ntk too

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thank you for posting up the photographs above.

Out of all your photographs I didn't see a single one that laid out their T&Cs. The one at  the entrance is at best an invitation to treat though there may be a couple of relevant signs on the small building across from the entrance. Also no picture of the payment meter as that often has T&Cs that conflict with others around the carpark. It is often the case too that signs around a car park often differ so photos of them are needed too please.

I take it that the last photograph in your previous post is not your Qashqai?

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did you shop at sainsburys that day? if so get onto their customer services peopel and ask them to cancel. If they wont you go to their social media pages like facebook and twitter and play up something rotten.

Dont appeal to Horizon and dont accpet sainsburys demand that you do, you say that you are their customer and they should sort out the mess they have caused by allowing these bandits loose on their land

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I also received a fine on 23rd of August. The barriers were open and no signage was evident. Surely when changing a system like this, you’d use a big sign to inform customers of the change, it’s clearly a plan to rip people off. I did appeal as I assumed that when I explained about the non existent notices, they’d of course cancel the fine. I later received a letter saying they’ve reviewed the situation and I still need to pay! I was sure other motorists would have had the same problem so searched online and found this site, sure enough, two people on here have already been fined. My question is, as I’ve already appealed (I see on this site it says you should ignore) what is my next step? Thank you 

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Hello Rosie, welcome to CAG.

 

You need to start a new thread of your own please, this one is for advising bluehouse.

 

Best, HB


Illegitimi non carborundum

 

 

 

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have you had a go at sainsburys and their failure to notify customers?

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Hi Bluehouse, please can you let us know what you’ve decided to do in the end and what happened to the case? I’m in the exact same situation, unless you posted your outcome this thread wouldn’t be helpful for people like me. I’d really appreciate it if you could give us an update. Many thanks 

 

 

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Bluehouse has not logged into this site since end of August, so unlikely they will respond.

 

If you dispute a parking penalty, follow the appeals process stated by the parking company.  Collect any evidence of poor signage etc, to support your appeal. 


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please create your own topic by hitting create in the top red banner

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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