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  • FIRST POST
    Jameskh
    Help Smart Parking 40 charge in Asda
    • #1
    • 18th Mar 13, 12:30 PM
    Help Smart Parking 40 charge in Asda 18th Mar 13 at 12:30 PM
    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.
Page 1
  • Herzlos
    • #2
    • 18th Mar 13, 12:35 PM
    • #2
    • 18th Mar 13, 12:35 PM
    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.
  • stinky_daddy
    • #3
    • 18th Mar 13, 12:39 PM
    • #3
    • 18th Mar 13, 12:39 PM
    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.
    Originally posted by Jameskh
    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

    s_d
    Sometimes I wonder...
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    ...and then it hits me

    Jesus loves you...A nice thing to hear in church, but a horrible thing to hear in a Mexican prison

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  • Jameskh
    • #4
    • 18th Mar 13, 12:39 PM
    • #4
    • 18th Mar 13, 12:39 PM
    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?
  • SodG24
    • #5
    • 18th Mar 13, 1:15 PM
    • #5
    • 18th Mar 13, 1:15 PM
    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?
    Originally posted by Jameskh
    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.
  • ManxRed
    • #6
    • 18th Mar 13, 1:17 PM
    • #6
    • 18th Mar 13, 1:17 PM
    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.
    Je Suis Deirdre.
  • Stroma
    • #7
    • 18th Mar 13, 2:21 PM
    • #7
    • 18th Mar 13, 2:21 PM
    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?
    Originally posted by Jameskh
    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.
    Anti Enforcement Hobbyist Member
  • NowRetired
    • #8
    • 18th Mar 13, 4:49 PM
    • #8
    • 18th Mar 13, 4:49 PM
    You also have a 4th option go into Asda and complain to the manager or write/email Asda house in Leeds.
  • Stroma
    • #9
    • 18th Mar 13, 6:00 PM
    • #9
    • 18th Mar 13, 6:00 PM
    You also have a 4th option go into Asda and complain to the manager or write/email Asda house in Leeds.
    Originally posted by NowRetired
    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.
    Anti Enforcement Hobbyist Member
  • atilla
    And make sure any 'appeal' to Asda is an instruction, not a meek request.
  • Coupon-mad
    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.
    Originally posted by Jameskh

    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?
    PCN in a private car park in England/Wales? DON'T PAY IT BUT DO NOT IGNORE IT

    USE THE 'FORUM JUMP' ON RIGHT, GO TO THE PARKING TICKETS FORUM. READ THE 'NEWBIES' THREAD.
    Do NOT read old advice to ignore, unless in Scotland/NI.

  • nathan0578
    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.
  • Coupon-mad
    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.
    Originally posted by nathan0578



    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.
    PCN in a private car park in England/Wales? DON'T PAY IT BUT DO NOT IGNORE IT

    USE THE 'FORUM JUMP' ON RIGHT, GO TO THE PARKING TICKETS FORUM. READ THE 'NEWBIES' THREAD.
    Do NOT read old advice to ignore, unless in Scotland/NI.

  • Buzby
    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.
  • Stroma
    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.
    Anti Enforcement Hobbyist Member
  • nigelbb
    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.
    Originally posted by Buzby
    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.
  • Coupon-mad
    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.
    Originally posted by Buzby


    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;


    Last edited by Coupon-mad; 31-08-2013 at 9:13 PM.
    PCN in a private car park in England/Wales? DON'T PAY IT BUT DO NOT IGNORE IT

    USE THE 'FORUM JUMP' ON RIGHT, GO TO THE PARKING TICKETS FORUM. READ THE 'NEWBIES' THREAD.
    Do NOT read old advice to ignore, unless in Scotland/NI.

  • disabledoap
    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.
  • spacey2012
    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...
  • atilla
    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.
    Originally posted by disabledoap
    You need to be telling the store manager in front of an audience for your protest to have any effect.
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