Pcm at tesco exspress cheshunt stockbridge close herts

[SilverFine1]

Hi guy i would like a bit of advice please , on 29 -11-18 i was with my mum and parked my car at tesco in cheshunt herts ,stockbridge close, at the time there was no parking spaces free so i parked on the double yellow lines but as i was with my mum she is 91 old and has a disable badge to which i left in the front window screen of the car . The next thing i no is that i received a fine from parking control management { pcm } with a fine of £100 or £60 in you pay with in 14 day to which i applied the fine and explained that i have put the disabled badge in the front screen of the the car and thought i was alound to do this on a double yellow line ,they said it was private land so it does not applie , i appealed this to the ias and told them on there sign it does not say anything about that you can not use your disable badge on this private land and the isa have agreed with the pcn notice and now i must pay £100 with 14 day please can any one give my some advice pay or ignore thanks silverfine1

[des8]

can you post up copies of the PCN, your appeals and the responses (all redacted) plus photo's of the signage.(although there doesn't appear to be any near the double yellows!0

[ostell]

Have you complained about this to the management of Tesco (not the customer disservice desk)? mentioning the Equality Act and the Blue Badge.

The response about the blue badge is that double yellow regulations do not apply on private land.

[des8]

It might be worth checking to see if that close is an adopted road and so council owned.
On Google the yellow lines run from the main road without interruption, and there do not appear to be any signs saying Private Property etc so why would you not expect the badge to be valid? (Google could be out of date!)

[ploddertom]

put the disabled badge in the front screen of the the car and thought i was alound to do this on a double yellow line ,they said it was private land so it does not applie , i appealed this to the ias and told them on there sign it does not say anything about that you can not use your disable badge on this private land and the isa have agreed with the pcn notice and now i must pay £100 with 14 day please can any one give my some advice pay or ignore thanks silverfine1

Could it be the Parking Company are trying to say they do not have to abide by the Equality Act or make allowances for those who clearly are. Or are they saying Double Yellows on private land have no meaning - if so then it may follow that a request for info on all those they have "invoiced" for doing this may follow - not that I would expect they would volunteer the info but a FOI to HMCTS may make uncomfortable reading.

[SilverFine1]

hi thanks for your reptile , I have phoned tech head office to day and they have said there is nothing they can do they even phoned PCM directly for me to see if they could do any thing and they said there was no leeway on this charge , as requested here are the response and the letters they have sent me thanks

[Ruby]

My daughter was in a situation with PCM and Tesco car park a couple of years ago. They sent two pictures of her car, front and back and claimed that she had been parked for longer than two hours. We ignored the first few letters from them but eventually gave in and sent them a reply stating that she had just dropped a friend off and returned three hours later to pick them up. They dropped the case!

Did you actually 'park' on the yellow lines or were you just dropping your mum off ? wink, wink

[SilverFine1]

this was a small Tesco express and on private land

[des8]

So that is a nice forbidding sign.
As one cannot contract to do what is forbidden, what is the basis of the charge? It can't be contractual.
As you have already appealed the PCN,(and identified the driver?) i doubt Ruby's advice is of much use.

Whereabouts is that sign positioned?
Are there notices at the entrance to the close? (can't see them on Google)
Have you checked with the LA about the status of that close?
The yellow lines continue round from the main road without a break and make it appear that the close is a public road.
Without adequate signage which you saw you cannot have entered into a contract (especially for a forbidden action)

tagging ostell

[SilverFine1]

yes there is a sign at the entrance I will check with the LA TOMORROW AND WILL HAVE A LOOK AT THE DOUBLE YELLOW LINE AS WELL

[SilverFine1]

Hi just had a drive to the tesco and on the main road there are zing zag lines before entering the road were tesco is so the double yellow do not continue into the private road

[SilverFine1]

hi guys , have until Saturday to pay the fine £100 otherwise it goes up to £160 shall I just pay or is there anything I can do thanks

[ploddertom]

Who says it is a fine?

[SilverFine1]

I am going to the letter they have sent me PCM have sent me this letter incdacting that I have 14 day to pay £100 or it will go up to £160

[des8]

I wouldn't do anything, as that sign forbids parking on yellow lines.
Therefor they cannot sue for breach of contract, only for trespass, which is a whole different ball game.

But tagging ostell our expert for his input