If you receive a Parking Charge Notice while at a retail establishment such as a shop, hotel, hospital, etc, complain to them first. Sometimes the retail location can have a clause written into the contracts with the Private Parking Company (PPC) that they can cancel their retail parking ticket themselves for genuine customers.
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Genuine Shopper Clause
Some landowners have a genuine shopper clause written into the contract with the PPC. How this works is if a genuine shopper complained to the store manager, and can prove they were a genuine shopper with a receipt, the store manager could arrange for the ticket to be cancelled. This clause is common with Morrisons and their contract with ParkingEye.
Whilst this clause is good news for those that know about it, it is unfair because not everyone would know that this type of clause would exist. Even if they complain to either the retail establishment or PPC or the store, you still need to know about this clause to use it to your advantage.
We should also be aware that this type of clause does play on the vulnerable too. Some personality types, such as introverted people, may find this type of conflict daunting and make them feel anxious. Because of this, they may not even be able to complain. This is not because they are not angry or upset, but their vulnerability makes them unable to argue the notice in person. So unfortunately, this would mean sometime these people would be stuck with the notice, and feel pressured to pay.
Hospital Parking Ticket
If you find yourself receiving a Parking Charge Notice at a hospital location, immediately complain to the Patient Advice and Liaison Service. Find the contact information for the location, or closest location, to where you received the hospital parking ticket.
Unlawful Practice?
Could this type of clause be seen as unlawful? If this type of system wasn’t designed to entrap motorists, the clause would be visible on the signage, notices and terms and conditions. This is actually demonstrating the system is not fit for purpose. This simply feels like another money making machine for the retail establishment and PPC.
The Consumer Protection from Unfair Trading Regulations 2008
The Consumer Protection from Unfair Trading Regulations 2008 Part 2 section 6 prohibits misleading omissions from consumer contracts. It could be argued that by omitting information like a genuine shopper clause from signage and/or terms and conditions may not be following the law.
If motorist knew about these types of clauses, they may have been able to avoid the Parking Charge Notice and have it cancelled in the store, being able to nip it in the bud early on.
In conclusion, if you receive a retail parking ticket from a PPC you should initially try and find out whether a clause such as the genuine shopper clause exists. This would be able to get your ticket cancelled. The first port of call is to contact the landowner and ask them to cancel the ticket. This quickest and easiest point of contact here would be the owner or store manger of the location. After that contact the PPC and tell them you were a genuine shopper. If these approaches don’t work, you will then need to appeal.
Grace Period
It should be notes that from 2015 the Government released guidelines making PPCs that were part of an Accredited Trade Association (ATA) must give a 10 minute parking ticket grace period. There are a number of reasons that The Private Parking Code of Practice Annex F gives that they see as mitigating circumstances warranting cancellation of a Parking Charge Notice or Penalty Charge Notice. These include things such as a vehicle break down, blue badge no displayed correctly, payment machines out of operation. More on the specifics of this can be found at our Parking Ticket Grace Period article.
If you find yourself receiving a Parking Charge Notice during one of the grace period mitigating circumstances, then it should be appealed. and cancelled.
TLDR: Retail Parking Ticket
- Some landowners have a genuine shopper clause written into the contract with the Private Parking Company (PPC);
- If you receive a Parking Charge Notice at a hospital location, immediately complain to the Patient Advice and Liaison Service;
- The Private Parking Code of Practice gives reasons of mitigating circumstances that should allow a Parking Charge Notice or Penalty Charge Notice ti be cancelled;
- The Consumer Protection from Unfair Trading Regulations 2008 Part 2 section 6 bans misleading omissions from consumer contracts. It could be debated that by omitting information like a genuine shopper clause from signage and/or terms and conditions may not be following the law.
Sources used to write this article: