Britannia ANPR PCN - overstay - Waitrose Brighton car park **Canc'd by Waitrose**

[switcheroo]

Hello.

I apparently overstayed at Waitrose Brighton car park.

Whereas they previously had reasonable staff members on the gate (who understood if you'd been waylaid) they now have Britannia using ANPR.

 

I recently received a PCN (PARKING, NOT Penalty).

It wasn't identified as NTK, but presumably intended to serve as such.

Importantly, this was dated more than 14 days after the alleged infringement - and didn't mention 'The Protections of Freedoms Act 2012'.

 

Having browsed the forums here, I believe this notification falls foul of PFA2012 - but does that obviate the need to respond to it?

 

Many thanks for any help given.

 

ps. apologies if I've raised this New Topic incorrectly.

I've tried to follow all advice I could find, but link re. Uploading PDFs is broken - so I uploaded the letter received, with everything that could identify my specific case redacted.

 

=====================

 

1. Date of the infringement 17 Jan. 2020

2. Date on the NTK [this must have been received within 14 days from the 'offence' date] 4 Feb. 2020

3. Date received 6 Feb. 2020

4. Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? No

5. Is there any photographic evidence of the event? Yes

6. Have you appealed? No

7. Who is the parking company? Britannia

8. Where exactly? Waitrose / Brighton

 

[ericsbrother]

does the NTK have images of your vehicle, often cropped to just the number plate entering and leaving or are they of your car parked up?

 

As they have filed to send out the NTK in time do not be tempted to correspond with them at all, let them waste their time and money on this and you wont then drop yourself in it by saying the wrong thing.

 

What you can do in the meanwhile is have a look at the local council planning portal and see if Britannia or Waitrose have been granted planning permission for the new cameras and signage.

 

Once you know the answer to this and often it is no, you then get on to Waitrose head Office and ask them to get Britannia to cancel their demand as there kit is there ILLEGALLY and if they say they dont want to get involved you let them know you have the right to sue Waitrose for the unlawful processing of your personal data under the GDPR and will be happy to take that course if they dont tell their servants to desist.

 

You are not going to accept them telling you to just contact Britannia, it is they who are employing a buch of crooks and thus are consiring with them to commit fraud by false representation.

 

Hopefully they will jusr agree to get the demand cancelled as soon as you call but lay it on with a trowel is you have to, they do tend to get a lot of the same and try to distace themselves from the problems of their own making.

 

have your receipt handly so they know you are a genuine customer and possiby hint that you will be returning all of the purchases due to the additional charges you didnt agree to at the till.

 

Dont ask the local store to do this, it must be head Office, the local store wont have the authority.

 

The NTK doesnt have to specifically mention the POFA if the wording of the NTK is absolutely correct but this NTK fails in that respect.

[FTMDave]

EB is spot on as per usual.

 

Here is a recent thread, I think from someone who used the same car park, who successfully got the charge cancelled

 

 

[switcheroo]

44 minutes ago, ericsbrother said:

does the NTK have images of your vehicle

 

Thanks EB. And yes, the NTK does have two pics of my vehicle arriving and leaving.

 

I will look into the planning permission for cams, and refrain from contacting Britannia either way.

 

Thanks again

[ericsbrother]

And then get on to Waitrose head Office as soon as after you know the result ( which will likely  be no PP).

[dx100uk]

upload removed

pers info bottom of page 2

scan it back up but leave times/dates showing and the pics but blank reg only not the full picture

 

dx

 

[switcheroo]

4 minutes ago, dx100uk said:

scan it back up but leave times/dates showing and the pics but blank reg only not the full picture

 

Will aim to do so later today. Wasn't sure it was a good idea to show times, as I figured it would allow Britannia to identify my case.

 

[switcheroo]

14 minutes ago, ericsbrother said:

And then get on to Waitrose head Office as soon as after you know the result ( which will likely  be no PP)

 

Just checked. They do have Planning Permission for the cameras.

[ericsbrother]

bit not signs or this would have been mentioned.

so get on to waitrose and ask them nicely and then offer promises of trouble ahead if they dotn agree.

[switcheroo]

No specific mention of Signage, though it does say 'associated works'.

 

I will write to Waitrose, but am I safe to presume their sending the NTK outside the 14 days is sufficient to protect me from successful claim via the courts - or is it not so simple?

[Homer67]

Because the NTK is out of time they can only pursue the driver, who you as the keeper, are not required to name.

 

The phrase is 'no keeper liability created under POFA'

[ericsbrother]

Initially phone waitrose HO. when waitrose refuse to help you then you worry about that. tell them you are the owner of a car that got sent a charge notice to begin with. theyw ont record the calls and cant pass on much to the parking co without dropping themselves in it but they can tell the parking co to stop being greedy

Edited February 14, 2020 by ericsbrother

[switcheroo]

Thanks to everyone who's replied with advice.

 

As it is, I will call Waitrose (Head Office?), politely explain the situation, and request they annul the 'ticket' to avoid further hassle - which would be best for all parties. I take it that I shouldn't identify the driver of the vehicle, and is it worth pointing out  'no keeper liability created under POFA' at this stage?

 

Based on the POFA point, I'm somewhat confident Britannia won't pursue the case - as hopefully they'll see it a case they'll likely lose. Presumably there's existing Case Law decided on that specific point?

 

So my only reservation about calling Waitrose is the risk it carries that I'll say the wrong thing (e.g. say I was driving) and weaken my own case! 

[dx100uk]

doesn't matter what tell waitrose

they are not the ones that could take you to court.

 

dx

[switcheroo]

A few of Qs before I take this up with Waitrose:

. considering it might be a lengthy phone call, would it be better to eMail in my request to annul the Parking Charge? Or write in, if there's a concern they'll simply forward any eMail to Britannia.

 

. should I mention that NTK requirements not met in my correspondence with Waitrose?

 

. does my letter from Britannia qualify as NTK despite not stating it is, and not mentioning POFA2012?

 

. in the event Waitrose don't kill it, must I appeal via Britannia as a pre-cursor to POPLA appeal?

 

. should I mention late NTK in any Britannia appeal - or does that somehow forewarn them in advance of POPLA?

 

Thanks again to all.

[dx100uk]

you are getting far far too complex in all this.

ring ask to cancel

 

NONE of what you mention above has ANY RELEVENCE AT ALL to waitrose, not their problem.

[switcheroo]

Just called Waitrose Customer Services.

 

Gave all details to their rep., and sought/received assurance no details would be forwarded to Britannia.

 

Explained I'm unsure exactly who the driver may have been on the day in question, though possibly my elderly father - as he's more likely to overstay.

 

The rep. referred to the proposed charge as a 'fine'. I politely pointed out neither they or the parking co. are in a position to issue fines.

 

I also suggested cancelling the ParkingCN would be the best outcome for everyone, as I would otherwise appeal the case, feel there's a strong possibility any appeal would be upheld - inference being there's only downside for Waitrose's reputation.

 

They now will look into it and get back to me. Will post the result when they do. 

 

Fingers crossed.

[Homer67]

Waitrose rep  will do nothing is most likely, get back on to them, ask for someone senior and at the same time find the email address for the CEO and email him/her.

 

You want a firm 'we will instruct our employed parking company to stop pursuing you as the keeper sir'

 

Get names and make records, record the call if you can.

[switcheroo]

Just received an eMail from Waitrose. Parking Charge has been quashed.

 

Thanks you all for the help and advice.

[dx100uk]

well done CAG

 

 

 

please don't forget to donate to keep us here

 

dx

 

[FTMDave]

Well done on your victory

[Homer67]

Make sure you keep that email and print it out for safe keeping, just in case the PPC don't quite get the message.