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See what has happened to my face over the Christmas break and watch - or listen, if you cannot bear it- to my latest video on what has been happening since we last met and what is in the pipeline. Feast on-

• whiplash tariffs to rise
• the new code of practice for private parking infringements and how to escape from a parking ticket or secure a penalty reduction
• guidelines for solicitors' charges go up to reflect inflation
• court funds office's special account rate goes down - and interest on special losses with it
• no mini-trials for relief from sanction applications, says the Court of Appeal
• reporters and legal bloggers to gain access to most children and financial remedy hearings

Just click below.

Parking Peril At Waitrose

Long suffering followers of this blog will be familiar with my encounters with Waitrose car parks, including the car park at its excellent Havant, Hampshire store. So imagine my horror when I recently discovered that it  had not only stopped pretending to charge for parking by certain lingerers but had brought in Britannia Parking to control parking at the store under a - wait for it - automatic number plate recognition scheme. You gets snapped going in and coming out and if the time lapse is longer than 90 minutes, you gets stung. What self-respecting shopper can  park,  adjust their hat or flies, access the store, view the offers, make their selections, collect their free newspaper and consume their free coffee, sort out their coupons, block an aisle talking to their next door neighbour, queue up, smile at the checkout assistant, bag up their shopping, return to their car and drive off in less than a couple of hours? I ask you! 

The Havant scheme has been running since November 2019 and has been rolled out at a number of other stores as well. Waitrose tell me that the volume of complaints they have received has been minimal. This is how the scheme works at Havant. You drive in and hopefully will observe a series of signs like this.

For full details, then, you need to go the one sign at the lifts and stairs. Take your magnifying glass with you and this is what you will be confronted with. 

For those without a magnifying glass or 20:20 vision, I can tell you that the small print  at the bottom explains that you are accepting the parking deal by parking, waiting or otherwise remaining in the car park. Stay for longer than 90 minutes or return within two hours and you may be charged £70 which will be reduced by at least 40% if you pay up within 14 days. Failure to pay up within 14 days will mean the full charge will be levied and there may then also be recovery charges on top.  

I put some questions to Waitrose. Here are the questions and their answers.

Q To what extent, if at, will Waitrose have any input in a customer challenge to a charge being levied?

A We will support any customer who has needed longer whilst shopping at any of our shops, and this can be done  through our Customer Care team or at our Welcome desks in our shops.    

Q How do you communicate to customers that you would wish them to go to the Welcome desk if they wish to return within the time period and where do they park while they do this?

A Prior to any changes to our car park operation, we will advertise these to our customers so they are aware and can speak to a Partner in one of our shops should they have a question.

I put these questions to Britannia. They did not wish to answer any of them

Q How many car parks does Britannia run for Waitrose using the ANPR system?

Q When will a charge actually be imposed? Signage says there ‘may’ be a charge? What criteria will be applied in deciding whether there will be a charge and to what extent, if at all, will Waitrose have any say in the decision as to whether or not to impose a charge?

Q The signage suggests that the charge may apply on parking for in excess of 90 minutes or returning within two hours. Does this mean there may be a charge if a customer parks for five minutes, departs and returns within two hours and parks for another five minutes?  

Q How does the system distinguish between (a)  a driver who has simply passed through the car park or paused to read the detailed terms and conditions so as to decide whether or not to remain and (b) a driver who has parked in a bay with a view to remaining?

Q When does the return time run from? If a customer parks at 9.00am for 60 minutes, are they in jeopardy if they return at 11.00am or at 12.00noon?  Further, in order to trigger a return charge, is the customer in jeopardy if they return without actually parking or otherwise stopping within the car park? Is the signage not ambiguous?

Q Waitrose say that that they will support any customer who has needed longer in the car park and that this can be done through their customer care team or at their Welcome desk in the store. How will this actually work? Will Britannia automatically cancel a charge if Waitrose asks them to do so? Through what means of communication will the Waitrose ’support’ be channelled?

7 Why are the terms and conditions as displayed by the lift at the Havant store printed is such small  type? How can Britannia reasonably expect to argue that they are sufficiently conspicuous or readable? This is the only notice displaying those terms and conditions in the park? 

Britannia declined to answer any of them but a spokesman said:  “We operate and manage more than 500 car parks nationwide, include those at Waitrose stores. We are a member of the British Parking Association and the industry’s Approved Operators Scheme. All of our signs and procedures meet the approved operators’ code of conduct, including those at Waitrose stores. We work very closely with all of our clients to introduce the most appropriate parking solution based on their requirements. We are not at liberty to disclose information about arrangements between Britannia Parking and its clients. We do not comment on our own internal procedures. As a long standing car park operator and manager of more than 25 years, we take our responsibilities to our clients and customers using our car parks very seriously.”

If you are aggrieved by a number plate recognition charge at this car park or in a similar situation -  and you may be clobbered even though you were not the driver but were the registered keeper though see http://www.breakinglaw.co.uk/search/label/car%20parking - try and get Waitrose on your side and, with or without their support,  take advantage of Britannia's appeal scheme. And if your appeal fails and a county court claim is made against you, consider whether you may have grounds to contest it. Should you have been caught out because of something stated in the tiny print by the Havant lifts and stairs which was not stated in one of the bigger notices then you might be able to argue that you are not bound by it as it was too small to read and was not sufficiently prominent (see my book Breaking Law on small print at chapter 41).  Also check the bigger print notices to see how many were displayed on your route to the lifts and stairs and what they said. 

Before parking at a number plate recognition car park next time, take your watch with you - how many of us remember the exact time we parked ? - and that magnifying glass.

Just one other thing, Waitrose and Britannia. The sign at the lift and stairs doesn't quite make sense in the section just above the small print in respect of car park and store closure times.

Parking Ticket on Private Land: Escape for Keeper

No valid permit displayed on windscreen. No parking ticket purchased. Car parked for too long. Car not parked in a designated bay. For these and a multitude of other reasons, whoever controls the parking on private land and public car parks may try and clobber you with a parking charge. That's the polite way of referring to a penalty.

Perhaps the conditions for parking were clearly set out on 10,000 notices displayed on the land or in the park. Perhaps they were broken. But, say, though you were registered as the vehicle's keeper, you weren't the driver and were in Outer Mongolia  or Macclesfield at the relevant time? If, as will usually be the case, the parking control people don't have a clue on the identity of the offending driver, they are often in a position to clobber you as the registered keeper.

But there is one crucial thing they have to ensure is done before the registered keeper can be legally liable where the vehicle has been remotely photographed and they frequently slip up on this. It is to get the notice to keeper which they will send out, in the hands of the registered keeper within 14 days of the transgression. More often than not it will be posted to the keeper. However, when it is not received within that tight period of 14 days the keeper will have a cast iron defence to the charge and any county court claim which might be brought in an attempt to enforce payment. An appeal to the parking people ought to be successful.

The law to rely on is paragraph 9(5) of the fourth schedule to the Protection of Freedoms Act 2012. And a very fine schedule it is.

Waitrose Car Park Lost Ticket Charge: £25 Avoided!

Oh dear. I've had another spot of bother with the Waitrose, Richmond-Upon-Thames car park. But not the lift, the ticket machine or dangling pieces of metal. Something completely different. During my short time in the store, I discovered I had lost my car park ticket. Idiot. They wanted £25 out of me for the privilege of letting me drive out and settled for £15. This is what then happened.

                                                                                                                                                                        

Me to Waitrose on 01 February 2019 by -mail

Dear Team

1 On 25 January 2019 I was compelled to pay £15 to Waitrose, Richmond because I could not produce my car park ticket which I had lost in store. This was a reduction from the charge of £25 which, for the purposes of this complaint, I will treat as chargeable under the conditions of parking (but see below).

2 I entered the car park at 3.48 pm on 25 January 2019 having left a venue in Kingston-upon-Thames at approx. 3.30pm.

3 I had arranged to meet my partner inside Waitrose and to text her on my arrival at Waitrose. I duly texted her at 3.48 pm to state ‘I am at Waitrose’. I can produce the original text. She met me in Waitrose shortly thereafter.

4 Prior to 3.48 pm I had not been in Richmond and, in particular, in Waitrose, Richmond previously that day.

 5 We both shopped in Waitrose. At 4.30pm I paid £44.05 for goods and was issued with a receipt which I hold ref 000000055450 AID A0000000041010 App Seq 10. My partner made purchases for circa £25 immediately before me and at the same till.

 6 Upon realising that I could not locate my car park ticket I went straight to the customer service counter where the duty manager known to me only as ...... was called. I summarised my position and asked to be allowed to exit without making the £25 payment. I relied on the short time I had been in the car park; the fact that I was a long-standing Waitrose customer making substantial purchases on a weekly basis and that I had arrived in the car park directly from ‘work’ at Kingston at about 4pm. He indicated a willingness to reduce the charge to £15 after I insisted that he had a discretion in the matter bur refused to waive it completely or make a further reduction. 

7 I accept that Waitrose needs to be seen to take action in some cases to impose a reasonable lost ticket charge so that the public generally is not encouraged to falsely claim that their ticket has been lost and thereby potentially deprive legitimate and paying customers of the use of the car park and/or suffer lost revenue but, in my case, I submit that the charge in fact levied should not have been levied and was unfair because-

(A) I am and for many years have been a Partnership card holder my number being ............

(b) I was and for many years – not less than 40- had been a regular Waitrose and John Lewis customer (as had been my partner) and I observe, for example, that for the period 15 December 2018 to 13 January 2019 (and ignoring cash transactions) I entered into twelve separate credit card transactions on separate dates with Waitrose according to my Partnership card statement. On 30 January 2019 I received a set of discount vouchers from you which were described as my ‘exclusive reward for our most loyal customers’.

3 I have always previously paid the Waitrose car park charge when chargeable and never previously lost my ticket.

4 I had been in the car park on 25 January 2019 for approximately 30minutes as I have been able to establish.

5 It was or should have been evident to the duty manager that I was a bona fide user of the car park and had quite genuinely lost my ticket and credit should have been given to me for the loyalty I have shown to Waitrose and the value of the transaction which I had entered into that afternoon (ignoring the separate transaction of my partner). I produced my till receipt for inspection.  I invited the duty manager to view CCTV footage to verify the time of my arrival although the invitation was not taken up. 

Quite separately and apart from my submission that, in the particular circumstances, it was unfair for Waitrose to seek to rely on it strict ticket conditions, I submit that the lost ticket condition is extortionate and\or extravagant and should not be enforced and should be revised. I say this because the condition fails to reflect the maximum period for which a particular vehicle could in fact have been present in the car park. It requires payment of the same amount whether the lost ticket holder’s vehicle had been parked for 05 minutes (for example, where the car park had opened at 8.00 am and they have reported a lost ticket at 08.05 am) or for the day’s entire car park opening hours. 

If my request for a £15 refund is not met then I reserve my right to bring proceedings for the recovery of the at sum and a declaration that the condition is unlawful.

Yours sincerely

Stephen Gold

Me to Waitrose on 05 February 2019 by e-mail

THE EMAIL BELOW WAS TRANSMITTED TO YOU ON 01/02/19 AT 1649 AT EXECUTIVE TEAM@WAITROSE.CO.UK AND HAS NOT BEEN ACKNOWLEDGED. PLEASE ACKNOWLEDGE.

STEPHEN GOLD

Me to Waitrose on 11 February 2019 by e-mail

IS ANYBODY THERE OR HAS WAITROSE’S COMPLAINTS DEPARTMENT CEASED TO EXIST?  MY TWO EMAILS OF COMPLAINT BELOW HAVE BEEN IGNORED SO FAR.

STEPHEN GOLD

Me To Waitrose on 16 February 2019 by e-mail

FOURTH ATTEMPT AT SECURING AN ACKNOWLEDGMENT OR, BETTER  STILL, A DEFINITIVE REPLY. SO FAR, NOT A PEEP OUT OF YOU.

STEPHEN GOLD

Me To Waitrose on   February 2019 by post

Chief Executive

Waitrose

Doncastle Road

Bracknell

RG12 8YA

Dear Sir

Complaint

I have made four attempts at procuring some response from Waitrose on line to my complaint. I enclose downloads of my electronic messages to you. None of them has met with an acknowledgment, let alone a meaningful response. Do you find this acceptable?

Yours faithfully

Stephen Gold

Waitrose to me on 26 February 2019 by e-mail

Thanks for your letter Mr Gold addressed to our Managing Director, Rob Collins. He’s asked me to respond on his behalf. 
I am sorry you've had to chase this. After searching our system I was unable to find the emails you kindly copied in your letter. I am sorry but it appears we didn't receive these. I can see our Customer Care team did respond to your initial email on 19th January 2019, did you receive this?
I was sorry to read of your experience at our Richmond branch with your car park ticket. I would really like to give you a call to discuss this further. Please can you let me know a contact number and a convenient time to call? Alternatively please call me on tel: .... I am working until 2:30 today and back in the office tomorrow from 9:30 
Kind regards
Harriet 
Case Manager, Executive Office

Me to Waitrose on 26 February 2019 by e-mail

Dear Harriet 

Thank you for your message. Each of my emails was duly transmitted and never returned - and so deemed received - and not one was acknowledged. It follows that I had no response to my initial email. I find it curious that if it was acknowledged then it has not been followed up after this period of time. I fancy that something odd is going on - some form of ‘shredding’ perhaps - which you ought to be investigating.

I am heavily committed at work for the usual business hours for the rest of this week and next week is also difficult for me to call. In the circumstances, I shall be obliged if you will please write to me.

Kind regards

Stephen Gold

Waitrose to me on 27 February 2019 by e-mail

Good morning Mr Gold and thank you for your reply. I understand you are busy, I am more than happy to communicate via email.

I am sorry to read of your experience at our Richmond branch when you lost your car park ticket and how this was handled. I will pass on your feedback to the branch management team, who will review this with the manager on duty.

I would like to arrange for a £25 gift card to be sent to you as an apology. If you would accept this please can you reply confirming your full address so I can get this arranged.

Kind regards

Harriet 

Case Manager, Executive Office

Me to Waitrose on 27 February 2019 by e-mail

Dear Harriet

Thank you and noted. I would accept a £25 gift card as an apology and it can be sent to me at ....... I fancy it will be redeemed at another branch!

Kind regards

Stephen Gold

Waitrose to me on 28 February 2019 by e-mail

Thanks for your reply Mr Gold. I've arranged for a gift card to be sent. You should receive this in the next few days.

Sorry again for your experience, if I can help any further please let me know.

Kind regards

Harriet 

Case Manager, Executive Office

_______________________________________________________________

I am now holding the gift card in my grubby hands. Harriet was a sweetie, wasn't she? Different Waitrose stores seem to have different car parking rules. But no rule should impose a lost ticket or overstay charge which is exorbitant and management should know when to exercise the discretion to let you off with the verbal equivalent of a clip round the ear. After all, they are running a business and not a penal establishment. In some situations, the charge might just be legally challengeable (see my book Breaking Law on small print etc). May your Waitrose car park tickets be with you. 

INCORRECT CAR PARK TICKETS AND MY BONCE: "DEAR WAITROSE...."

I have had my differences with Waitrose over car parking (see my Car Park Cockup post of 2 December 2016). Regrettably, their Richmond, Surrey car park clock continued to misbehave. And that has meant - you guessed it - back to the e-mails. Here's my latest exchange. 

FROM: STEPHEN GOLD

Sent: 04/01/2017  To: customerserviceteam@waitrose.co.uk

Subject: Car Park clock at Richmond, Surrey store

I hesitate to make yet a further complaint about shortcomings at your Richmond, Surrey store but concern for customers other than myself compels me to do so. Did you know that the car park entry point clock is wrong? Your store knows.

CARPARK CLOCK COCKUP

If you have just escaped from the car park at Waitrose, Richmond without paying, you can thank me. The clock at the entry and exit machines was around 30 minutes out. Waitrose say it was only 10 minutes out. My case, Your Honour, is that I entered at around 11.40 am whereas the time printed on the ticket was 11.10 am. When I inserted the ticket in the pay machine at 2.11 pm as a test, it asked for a penalty payment of £25 because, according to its clock, I was over the three hour stay limit.

Waitrose accepted that there was a problem and put an engineer on the job. When I pressed my complaint on behalf of customers who might be misled into paying more than they should, they put the barrier up at the exit point and posted a staff member at the pay point with a view (hopefully)  to warning customers not to pay.

It's wise not to rely on your watch to log the correct time when you leave your car but to check what the ticket would have you believe is the correct time or you could be caught out. For anyone who, whenever and wherever, is caught out in this sort of situation, you will find the wording for a court claim in Breaking Law.

Oh and Waitrose let me out without paying anything. It must be my smiley face.