UKPPO CCTV Capture PCN - Parked in Electric Bay - Tesco Express 212 Manchester Road, Kearsley, Bolton, BL4 8PZ.

[lookinforinfo]

No you're not doomed.

It's a shame you covered up the dates and times on your PCN since they can possibly help your case when they don't comply with the requirements of the rules in private car parks.

Could you please therefore include the arrival and departure times as well as the date of the offence and the date on which they alleged they sent you the PCN.

The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4.since the wording should invite the keeper to pay the outstanding amount. Also I cannot see on the PCN that UKPPO are the Creditor though I may have missed it since it is so unusual not to include it.

The upshot is that you as keeper are no longer liable to pay the charge if the driver fails to pay within 28 days-0nly the driver is now liable. As Courts [assuming it gets that far ] do not accept that the driver and the keeper are not the same these rogues will have a hard job who was driving unless you appeal or have appealed and revealed who was driving.

You did say that you weren't parked there long and had that been correct you have perhaps 15 minutes where you might have had a further. argument. As it judging by the confusing times mentioned in the wording or the PCN you were there for almost an hour?

However as the light was not good and I presume the signs were not illuminated that is a reason that you could not see the sign. And did you have your blue badge showing ?

Interestingly the post code quoted does not agree with the Post office one in West houghton = BL5 3JS

Are there two different Tesco  car parks in Bolton.

You obviously could not be in two places at the same time...............

[lookinforinfo]

Thanks for clearing up the time question.

i don't know why they even issued you a ticket as you left well within the 5 minute Consideration period [that is to give the motorist time to read the T&Cs before deciding to park or leave because the rules were unacceptable .They have actually breached your GDPR as well as not issuing a compliant PCN.

It was late night/early morning when I saw your thread so was kind of tired and missed your blue badge [I am not currently in the UK].

The first thing to do is to visit Tesco and speak to the manager. Explain you were there late at night getting something for your disabled daughter; you are a regular customer; there were no disabled parking spaces nor any other parking places;

  it was dark and the electric charging spots were empty; you had never used them before except when they were disabled spots so you had never needed to read them even had you been aware that there were any. You were in and out for less than four minutes and would have been less had there not been a long queue.

I used to go to Sainsbury where my wife regularly got PCNs for overstaying and they always cancelled her PCNs  I am hoping that Tesco will be similarly as helpful to you. If he/she is not then a letter to their head office might get a better result. But a personal visit [not using the ev spaces ] is better than a phone call.

Take your PCN with you so they can write down the reference number and point out that their should be a 5 minute Consideration period and you were gone before they should have issued the ticket.  

That would be the quickest way to resolve it.

Sorry Dave our posts crossed-mine took a bit longer.

[lookinforinfo]

You could still write to head office. I find that some supermarket managers do not have the authority to make these decisions. So rather than admit that they fob their customers off.  One would have thought that  as a regular customer H.O. would take that into consideration in dealing with you request.  Explain that there is a five minute Consideration period that has been ignored by UKPPO which is in breach of the Code of Practice that are supposed to observe. And as such they have breached your GDPR

There is no need to appeal.  You already have enough knowledge to fight off their stupid claim as I pointed out on Post 2. They do not know who was driving and as long as you don't appeal they will have no proof to name who was driving in Court. You as keeper are not liable because the PCN is not compliant. You were only there for under four minutes with a five minute Consideration period. 

They have no chance of winning should they go to Court. You have as near to an open and shut case in your favour. Why would you want to appeal.There is no mileage in it for them to accept your appeal especially as you did park where you shouldn't.

You can totally ignore everything they send you  except if they send you a Letter of Claim. Then come back to us if they do and we will get you to send a suitably snotty letter which hopefully will change their mind about going any further. Go on with your life and don't worry. And we are always here if you wobble

[lookinforinfo]

Dave's email is a bit of a mouthful. The director of Tesco Direct is

[email protected]