Taking the bully by the horns

I thought you might be interested in my David v Goliath victory. Last January I inadvertently overstayed my welcome at the Forster Square Retail Park, Bradford, a complex of big-name retail stores, managed by a Parking Control Company. A week later I received an intimidating red/yellow letter in the post showing timed photos of my car entering and leaving the car park, plus a demand for £60 and threats of an increase to £100 and possible court action, etc. Later I checked out the car park again and found some signs with over 700 words on them, impossible to read without a ladder. The warning of the 'fine' after 2 hours free parking was just 4mm high, approx. 3 metres from the ground. I paid the £60 charge under protest to avoid possible legal action, then appealed. My 'appeal' was rejected because it was done by the PCC itself, in secret, and is not independent. I decided to go to the Small Claims Court to get justice and set about collecting evidence of bad practice by the PCC. I discovered many forums on the net about it. Trading Standards had logged almost 500 complaints. I compared its signs with signs on other car parks, took photographs and measurements etc. I also trawled through the British Parking Association Code of Practice. The PCC is a member but does not comply with several crucial parts of the Code (signage, addresses, receipts, etc.), therefore its membership is invalid. In its defence the PCC claimed that signs have to be high due to 'Health and Safety'. The Health and Safety Executive confirmed that there are no regulations about the height of signs. I also complained to the DVLA about them selling my personal details (via my number plate) to the PCC, apparently this breaks the Data Protection Act. Eventually I sent all my evidence to the Court and a hearing date was fixed. Finally, I wrote directly to all the managers of the 25 stores on the site then phoned them a few days later. Soon after I spoke to Savills in Manchester (they manage the whole Forster Square Site). I received a £60 refund from the PCC and a wonderful apology. (Ironically I was looking forward to the Court case). I also discovered that Savills is terminating the PCC’s parking management contract due to complaints and poor levels of customer service, erecting new simple signs and changing the whole parking system. And the point of all this? The cowboy clampers and parking pests on private car parks can be beaten. Unfortunately, so far, this government chooses to turn a blind eye to their devious activities.

Asked on 5 September 2009 by

Answered by Honest John
Congratulations. You deserve a knighthood for your tenacity. Instead it will probably go to the boss of some parking intimidation company for 'services to the community'. But this is a lesson to everyone not to roll over to this sort of disgusting extortion, so far seemingly condoned by our caring, sharing government. A very helpful website in cases like this is www.appealnow.com/private
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