ASDA parking fines

FatAndy

Valenti wrote: »

Thanks. I don't know what to do. We don't have any receipts from that night and he's just turned 18 and I don't want him to have anything on a credit file which may affect his future credit etc. Suppose he will have to pay it. Sigh. That's our family NEVER shopping at this store again and we usually do all our weekly shop here.

Make sure to pay one last visit to the store and very loudly inform the manager why you'll no longer be shopping there .

As for paying - DON'T. If your son was under 18 at the time he would legally have been a minor and therefore able to disaffirm any contract made (although there's a strong argument that there never was a contract). If not there are a whole host of other reasons not to pay Not-so-Smart Parking. When you pay your last ever visit to the store to shout at the manager perhaps you could check what name appears on the signs in the car park, in particular is there are reference at all to "Smart Parking Ltd"?

Stroma

Valenti wrote: »

He was 18 on Sunday. I don't know what to do. No he does not have any credit account with either. Thanks for your help.

So when was the ticket? I mean exactly, today, yesterday the day before ?

Valenti

Stroma wrote: »

So when was the ticket? I mean exactly, today, yesterday the day before ?

Was for 24.4.13. A wednesday night. He parked there as its across road from Sports Centre..got drink and would have left abt 6.45pm. Then his Dad drove car back up later on to shop. I can't prove this though (no receipts). :mad:

Stroma

Valenti wrote: »

Was for 24.4.13. A wednesday night. He parked there as its across road from Sports Centre..got drink and would have left abt 6.45pm. Then his Dad drove car back up later on to shop. I can't prove this though (no receipts). :mad:

I would appeal it like this

Name
Address

Date

Dear Smart Parking,


THIS IS NOT AN APPEAL


In regards to the invoice xxxxx dated xxxxx , I deny all liability to your company, as I was 17 years old at that time, I cannot legally be accountable for your contract, and you cannot hold me liable.

I therefore insist that this invoice be immediately cancelled, if its not I will be making complaints to the dvla, bpa and trading standards. I have enclosed a redacted copy of my birth certificate/passport/driving licence to prove my challenge.

No further communication will be acceptable, unless its to confirm that this invoice is now closed.

Faithfully
Mr not a mug

Coupon-mad

Valenti wrote: »

Was for 24.4.13. A wednesday night. He parked there as its across road from Sports Centre..got drink and would have left abt 6.45pm. Then his Dad drove car back up later on to shop. I can't prove this though (no receipts). :mad:

Oh come on it's not down to you to prove this. Smart are not some sort of 'authority'; it's not a fine. In fact THEY have to prove their case if you appeal to POPLA!

Valenti wrote: »

Thanks. I don't know what to do. We don't have any receipts from that night and he's just turned 18 and I don't want him to have anything on a credit file which may affect his future credit etc. Suppose he will have to pay it. Sigh. That's our family NEVER shopping at this store again and we usually do all our weekly shop here.

Oh please don't be sooooo hasty, this is a SCAM!!! It's not a very 'legal' charge (but not 'illegal' as it's just a speculative invoice).

For goodness sake NO-ONE here pays these. :eek:

But I think you need to challenge it and state that this was two different visitors at two different times that day.

Your first port of call should be to complain to Asda as discussed here:

http://forums.pepipoo.com/index.php?showtopic=76217

and here where they've already got debt collector threatograms as they never 'appealed' (again it's Smart/TCP) but are now complaining to Asda:

http://forums.pepipoo.com/index.php?showtopic=78495

If this is the first letter, a 'Notice to Keeper/Owner' then you can challenge it and you WILL NOT be paying this.

Your options are:

- to challenge it, if this was the first letter to the registered keeper, then appeal to POPLA with our help (if this was in England or Wales only)

- OR ignore it (a must if in Scotland) and a reasonable option in England/Wales if you don't mind ignoring debt collector letters and doesn't scare easily.

See this link about what a PPC has to get right:

http://www.parkingcowboys.co.uk/keeper-liability/

and this thread with the BPA Code of Practice - most PPCs fail to comply in several ways so spot the difference, consider where they have failed, use it in your appeals:

http://forums.moneysavingexpert.com/....php?t=4535287

and this sticky thread which shows successful POPLA appeals - most recent ones have won now that we know the system:

POPLA Decisions thread.

This is a well-known 'fake PCN issuer' and if you decide to send a challenge make sure it doesn't even tell them anything except that two people visited that day and they need to check their records.

You could just send a legal challenge such as this:

http://www.parkingcowboys.co.uk/appeal-letter/

or this:

http://forums.pepipoo.com/index.php?showtopic=78723

or this:

http://forums.pepipoo.com/index.php?showtopic=78800

or a version of this (post #7):

http://forums.pepipoo.com/index.php?showtopic=78659

Please show us your draft challenge and definitely get help at POPLA appeal stage if Asda don't cancel the thing when you march in and complain like this poster did:

https://forums.moneysavingexpert.com/discussion/4534485



HTH

Valenti

Thanks to everyone for all your help. Sorry due to a family crisis I haven't had chance to read your kind replies till now.


I think we will just ignore it and see what happens. :-)

Valenti

Well I was going to pay it but 1st I rang the manager at Asda, Stanley. I didn't speak to him but someone rang me and I explained what happened, that yes I knew you could not park there for more than two hours, but no way did I know that you could not return in 3hrs as the signs are not displayed as you enter carpark but only in smaller signs dotted around. (even a staff member dealing with me said she didn't know that either!)

I then said it this fine wasn't cancelled then I would be going onto Facebook and shouting my mouth off about the sheer injustice of my son been fined for daring to spend money twice in their shop etc etc.

Upshot was - took fine in and they cancelled it there and then. :T:T

Thanks for the help everyone!!! :beer:-

Stroma

Well done we always try and advise to complain to the retailers, you are after all their customers. And nice touch about saying that you'll go Facebook. One thing I do know they hate negative press, especially when they will look like scumbags if they don't reply or delete the comments.

Valenti

Stroma wrote: »

Well done we always try and advise to complain to the retailers, you are after all their customers. And nice touch about saying that you'll go Facebook. One thing I do know they hate negative press, especially when they will look like scumbags if they don't reply or delete the comments.

I am still going to Facebook local page to warn about the three hour no return rule but add how helpful the staff were when I complained about it I mean if their own staff don't know - says it all!!!

trisontana

If you do post on facebook please don't call it a "fine". It's not, but just an invoice.