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Help Smart Parking 40 charge in Asda
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# 1
Jameskh
Old 18-03-2013, 12:30 PM
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Default Help Smart Parking 40 charge in Asda

Hi,

I have 3 young children and mistakenly parked in a disabled at my local Asda instead of the parent and child, I was literally in and out in 30 mins but to my horror got a 40 ticket if paid in 14 days from a very smarmy smart parking attendent. Do I need to pay this and does anyone know what my rights are if I decide not to pay it? I am really dissapointed that these people have the right in a supermarket to issue these tickets - your help is very much appreciated.

Thanks.
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# 2
Herzlos
Old 18-03-2013, 12:35 PM
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I imagine there's no real obligation to pay the ticket but you may have further hassles if you use the car park regularly. Who issued the ticket?

I'd be more careful where you park in future or complain to Asda if the spacing isn't clearly enough marked.
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# 3
stinky_daddy
Old 18-03-2013, 12:39 PM
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Quote:
Originally Posted by Jameskh View Post
Hi,

I have 3 young children and mistakenly parked in a disabled at my local Asda instead of the parent and child, I was literally in and out in 30 mins but to my horror got a 40 ticket if paid in 14 days from a very smarmy smart parking attendent. Do I need to pay this and does anyone know what my rights are if I decide not to pay it? I am really dissapointed that these people have the right in a supermarket to issue these tickets - your help is very much appreciated.

Thanks.
Ignore the invoice (and the no doubt subsequent letters advising potential court action) - as that is what it is - they dress them up to look like an official parking ticket, however it is not.

A quick search on here will confirm.

HTH

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# 4
Jameskh
Old 18-03-2013, 12:39 PM
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A company called Smart Parking (also known as Town and City Parking)issued the ticket, thanks for your view does anyone have an official view?
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# 5
SodG24
Old 18-03-2013, 1:15 PM
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Quote:
Originally Posted by Jameskh View Post
A company called Smart Parking (also known as Town and City Parking)issued the ticket, thanks for your view does anyone have an official view?
Yes, just ignore them. Smart Parking don't do court and Asda wouldn't like the publicity. You'll get a few snotty letters but then they'll give up.
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# 6
ManxRed
Old 18-03-2013, 1:17 PM
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Do any of the signs in the car park mention - specifically - Smart Parking Ltd?

If not then they haven't formed a contract with you and you haven't breached anything.

I think you may find that they say Town and City Parking with the 'Ltd' crossed out but this isn't good enough. The signs need to make you aware of who the other party is, and the other party is 'Smart Parking Ltd'.

Mind you, that's before we get to the actual losses part, which they will also fall down on anyway.
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# 7
Stroma
Old 18-03-2013, 2:21 PM
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Quote:
Originally Posted by Jameskh View Post
A company called Smart Parking (also known as Town and City Parking)issued the ticket, thanks for your view does anyone have an official view?
I'm sorry but you won't get an unbiased official response from the parking industry on here, they or the smarmy bpa do not officially post on here, probably because of the difficulty in defending their outrageous and often illegal charges.

You have 3 options

1) pay them
2) appeal and go through popla when they turn you down
3) ignore them

I don't recommend the first one at all, the third one is easiest as you are just ignoring preprinted templated letters with your name address added to them. Or you can with help from us and pepipoo.com appeal.

It's up to you
When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
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# 8
NowRetired
Old 18-03-2013, 4:49 PM
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You also have a 4th option go into Asda and complain to the manager or write/email Asda house in Leeds.
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# 9
Stroma
Old 18-03-2013, 6:00 PM
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Quote:
Originally Posted by NowRetired View Post
You also have a 4th option go into Asda and complain to the manager or write/email Asda house in Leeds.
That goes without saying to be honest, and should be done on every occasion, how else would things change without thousands of complaints
When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
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# 10
atilla
Old 18-03-2013, 10:30 PM
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And make sure any 'appeal' to Asda is an instruction, not a meek request.
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# 11
Coupon-mad
Old 19-03-2013, 1:06 AM
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Quote:
Originally Posted by Jameskh View Post
Hi,

I have 3 young children and mistakenly parked in a disabled at my local Asda instead of the parent and child, I was literally in and out in 30 mins but to my horror got a 40 ticket if paid in 14 days from a very smarmy smart parking attendent. Do I need to pay this and does anyone know what my rights are if I decide not to pay it? I am really dissapointed that these people have the right in a supermarket to issue these tickets - your help is very much appreciated.

Thanks.

To your horror - LOL! We laugh at these pieces of rubbish and I am just a Mum of 4 kids myself, have collected two so far and ignored them happily.

Loads of results <<< {CLICKY} on t'internet about Smart Parking aka TCP and their fake 'PCNs'.

And this whole parking forum is 99% about fake PCNS - read any threads here. Do I take it that you first of all posted this elsewhere in discussion or something, seeing as no regulars on this board posted at first?
Ticket in a private car park in England/Wales?... DON'T PAY IT BUT DO NOT IGNORE IT- the advice changed in 2012/13!

CLICK on '>Parking Tickets, Fines & Parking>' end of the small blue 'Home>Forums>' link, top of the page, to see current threads.
Do NOT read older advice to ignore, unless it was in Scotland or NI.
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# 12
nathan0578
Old 30-08-2013, 12:53 PM
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Default mr

I also received a parking ticket at Asda for failing to display the blue badgeI have received no reply as yet but will not be paying anyway. I sent off an email stating that the vehicle was a Motobillity car and the attendant issuing the ticket should have seen that.
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# 13
Coupon-mad
Old 31-08-2013, 1:50 AM
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Quote:
Originally Posted by nathan0578 View Post
I also received a parking ticket at Asda for failing to display the blue badgeI have received no reply as yet but will not be paying anyway. I sent off an email stating that the vehicle was a Motobillity car and the attendant issuing the ticket should have seen that.



Exactly right. If Smart Parking refuse your appeal they must send you a POPLA codes read up on POPLA (if you are in England or Wales). Don't pay but do a winning POPLA appeal with our help!

Please start your own thread when you get the reply to your email challenge - and complain personally in Asda to the Store Manager themselves and get them to make a phone call to cancel this...seeing as it's disability discrimination.
Ticket in a private car park in England/Wales?... DON'T PAY IT BUT DO NOT IGNORE IT- the advice changed in 2012/13!

CLICK on '>Parking Tickets, Fines & Parking>' end of the small blue 'Home>Forums>' link, top of the page, to see current threads.
Do NOT read older advice to ignore, unless it was in Scotland or NI.
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# 14
Buzby
Old 31-08-2013, 10:22 AM
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Hmm - using a disabled space? No sympathy! The sooner these become formally enforceable the better. A 'Motobility' car means NOTHING - only the BB holder earns the right to park, the vehicle used is irrelevant.
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# 15
Stroma
Old 31-08-2013, 12:04 PM
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Buzby if the vehicle has a zero rated tax disc then no reasonable adjustment outlined in the Equality Act has been made, that is primary legislation not some T&Cs in a civil matter at a car private car park
When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
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# 16
nigelbb
Old 31-08-2013, 1:45 PM
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Quote:
Originally Posted by Buzby View Post
Hmm - using a disabled space? No sympathy! The sooner these become formally enforceable the better. A 'Motobility' car means NOTHING - only the BB holder earns the right to park, the vehicle used is irrelevant.
In fact it is the disabled person who has the right to reasonable adjustment which includes parking in a space reserved for disabled persons. What car was used, whether they have a Blue badge or whether it was displayed, who the driver was - these all mean nothing.
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# 17
Coupon-mad
Old 31-08-2013, 9:10 PM
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Quote:
Originally Posted by Buzby View Post
Hmm - using a disabled space? No sympathy! The sooner these become formally enforceable the better. A 'Motobility' car means NOTHING - only the BB holder earns the right to park, the vehicle used is irrelevant.


That's utter codswallop and you know it! People are far more likely to abuse the BB scheme (i.e. use a relative's Badge) than to try to claim that 'a Motability car' can stay in a disabled bay without a disabled person using it to get there or be taken home. Blue Badges are irrelevant on private land as we know, but they are also not the answer due to the ridiculous abuse of the scheme.

And we've clarified umpteen times before on here, that the Equality Act is silent about any kind of 'badge' or 'permit' of course. Because the right to use a 'reasonable adjustment' as a customer of a service-provider arises purely from the needs of any person who fits the definition of disability.

And I already showed you on another thread not too long ago, the Equality Act section which specifically says that terms that seek to restrict a provision are unenforceable. Did you forget, Buzby?


EQUALITY ACT 2010
142 Unenforceable terms
(1) A term of a contract is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of that or another person that is of a description prohibited by this Act.

144(1) A term of a contract is unenforceable by a person in whose favour it would operate in so far as it purports to exclude or limit a provision of or made under this Act.

29 Provision of services
(1) A person (a “service-provider”) concerned with the provision of a service to the public or a section of the public (for payment or not) must not discriminate against a person requiring the service by not providing the person with the service.

(2) A service-provider (A) must not, in providing the service, discriminate against a person (B)—
(a)as to the terms on which A provides the service to B;
(b)by terminating the provision of the service to B;
by subjecting B to any other detriment.

(3) A service-provider must not, in relation to the provision of the service, harass—
(a)a person requiring the service, or
(b)a person to whom the service-provider provides the service.

(4) A service-provider must not victimise a person requiring the service by not providing the person with the service.

(5) A service-provider (A) must not, in providing the service, victimise a person (B)—
(a)as to the terms on which A provides the service to B;


Ticket in a private car park in England/Wales?... DON'T PAY IT BUT DO NOT IGNORE IT- the advice changed in 2012/13!

CLICK on '>Parking Tickets, Fines & Parking>' end of the small blue 'Home>Forums>' link, top of the page, to see current threads.
Do NOT read older advice to ignore, unless it was in Scotland or NI.

Last edited by Coupon-mad; 31-08-2013 at 9:13 PM.
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# 18
disabledoap
Old 06-09-2013, 11:30 AM
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Question Disabled parking fine

Hi,

I have been issued a letter from a Legal looking firm (which is really Smart Parking in disguise) for parking in a disabled space. I am disabled and had my blue badge on display. I have no intention of paying this and have told them verbally. Meantime I have no intention on continuing to shop in Asda until this becomes dealt with.

Hope you find this of help in your situation.
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# 19
spacey2012
Old 06-09-2013, 11:46 AM
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If they have the perspex covered picture board fastened on with security screws in the notices section, the threatening letters they send slip down the back of perspex really easy and everyone can enjoy reading them .
Why spend money posting them back when you can deliver them in person.
Let everyone see what nice people they are to their customers
Be happy...
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# 20
atilla
Old 07-09-2013, 1:24 PM
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Quote:
Originally Posted by disabledoap View Post
Hi,

I have been issued a letter from a Legal looking firm (which is really Smart Parking in disguise) for parking in a disabled space. I am disabled and had my blue badge on display. I have no intention of paying this and have told them verbally. Meantime I have no intention on continuing to shop in Asda until this becomes dealt with.

Hope you find this of help in your situation.
You need to be telling the store manager in front of an audience for your protest to have any effect.
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