Stockbridge Close Cheshunt Tesco

[Diddle]

Good morning,
On the 5th December I went to Tesco on Hammond Street, I entered Stockbridge Close but couldn’t enter the carpark for Tesco as it was really busy. I was waiting on Stockbridge Close until it became clear for me to enter the car park. However two weeks later I received a parking fine saying I was in breach of their terms and parked. The photographic evidence shows that I am in the drivers seat with my younger daughter in the passenger seat and my eldest in the back with the window open, there was also two cars behind me also waiting to enter the car park. I appealed to the company which dismissed it and said the fine had gone from £60 to £100 but I could appeal to the IAS, which I did. I physically could not go no where at the time and was waiting to enter the car park so was honest in my actions. This week late one evening I got an email from the IAS saying they had dismissed my appeal and I should pay the fine. It says I can take legal advice. By paying the fine it’s admitting I did something wrong I was waiting to enter the car park there was physically no where else for my to go so I feel that this is really unfair issuing a ticket as all I wanted to do was park my car to go into Tesco. Can anyone advise what I should do and what my options are. The IAS said that the adjudicator would be a barrister or solicitor so there knowledge on the law would be acceptable advice! I feel this is extremely unfair as I wasn’t parked.

[des8]

It might be worth checking to see if that close is an adopted road and so council owned.
@ostell *
Best not to post twice as it becomes confusing!

[Diddle]

Good morning Des8 thank you for the response, where would I find this out? I have briefly looked on google and all I have found is that it is Governed by The Borough of Broxbourne. I had a letter yesterday from PCM telling me my IAS appealed had been dismissed and I have no other *options but to pay the £100 fine within 14 days or they are handing the debt over to a debt collection agency. The email sent to me says that I can continue to contest but would need to obtain free legal advice.*

[des8]

The definitive map for Broxbourne will probably be held by Hertfordshire County Council (unless the boundaries have changed* yet agai

[Diddle]

If it is owned by the council what does this mean for me and the parking charge?

[ostell]

If it is adopted by the council then they are committing fraud by asking for payment when they have no right.* Would be interesting to see what the PCM contract says about their area of responsibility.

However there is case law that says waiting to park is not parking.

The IAS would have rejected your appeal anyway.

Post up the redacted PCN

Has anyone gone in to Tesco to complain to the manager?



*

[Diddle]

I went up to Tesco today and I spoke to the manager he confirmed the road and carpark are privately owned by some bloke! The manager as said there is nothing he can do. I find it strange the land is privately including the car park by the same person and the signs currently only 20 mins parking in the actual car park but the manager told me the residents opposite are parking their cars in the car park and the people that live in the flats! I wonder why they aren’t being issued with tickets if it’s only 20 minutes stay as the manager said they are parking for longer periods of time. PMC have said I have 14 days to pay before they hand the £100 fine to a debt collection agency as they say I have no other option but to pay! But The Independent Appeal Service said I can take free independent legal advice. Can any one direct me to someone that can help and advise me please? THANK YOU*

[ostell]

The IAS is run by the same people that run the IPC, a group of solicitors that try and hide the connection.

You were not able to park therefore there was no contract between you and the parking company. They couldn't provide their part of the contract, a parking space.

If the council own it, or are responsible for it, then a parking company can't operate on it.* Have you determined who is responsible?


The street map for 2018 shows no signs in place. What do the signs say?

The manager just couldn't be arsed to handle the hassle.

P.S It's not a fine, it's an invoice for an alleged breach of conditions.

Keep all the photos that you have of the event.

[Diddle]

This is the sign

[Diddle]

Here’s me waiting where you can clearly see me in the driving seat and my daughter in the passengers seat, my lights are on and the back window open, also two cars behind me also waiting to get into the car park*

[Diddle]

Good morning,

it's been awhile since I first posted about my encounter at Stockbridge close!
I fought this to the end, the parking management took me to court and the hearing was yesterday 4/06/2021 and I am
pleased to say that I won my case and the judge dismissed the case in my favour. Justice was definitely served and I have faith in the justice system the judge could see that I really had no where to manoeuvre my vehicle at the time and that the parking company could not prove I was parked and in breach of their contract.
I just wanted to give an update on my situation.

[ostell]

Thanks for the update. It really was a silly case to take to court and a sensible judge.