Parking fine from asda !! Need peace of mind

super_saint

Just received a parking charge notice from asda from a company called smartparking for arriving at 9.11am & leaving at 12.26pm. On the notice are photos of the number plate confirming the times. I was in asda the whole time ..... had not been to asda for years ( wont be returning !!) so took ages as i did not where anything was - i also had lunch there so am obviously very annoyed. It's not as though i have gone shopping elsewhere in the time I was parked.

Having a search on here, loads of advice just to ignore...... Is this the correct path to follow or should I appeal? Just need peace of mind to ignore.

Thanks in advance

Saint

atilla

Perfectly safe to ignore - and i mean ignore all and any further documents unless court papers, but you've more chance of winning the lottery than that happening.

However, if you are game for it. You can play games with them.

spacey2012

Just ASDA'S way of thanking you for shopping with them and eating in the cafe.
Ignore the fake parking ticket, it is an impersonation of authority and spend your money at a more reputable store in future .

julie2710

Definitely ignore! Put everything in the bin and feel free to go back as many times as you like for as long as you like!

I believe they have a similar set up on some motorway services now. There was a big thing on the radio yesterday about how it could encourage drivers to drive whilst tired to avoid getting a bill!:eek:

Tilt

Well there's a couple of things you can do.

I would certainly complain to the store manager armed with as many receipts as I can muster from that visit and see what he/she says.

But more importantly is what they can actually claim of you? I am assuming that parking is free but restricted to a time limit. To claim via the small claims court (the only action they can possibly take against you), they would have to show losses or damages from you over staying your 'welcome'. What they CANNOT claim for (via the court route) is the amount of their 'charge' stated on the notice (you havn't mentioned the amount). All you would need to say is that you consider the charge is disproportional to any losses incurred thus meaning that the court may consider that in fact, the charge is a penalty.

At that point, the judge would have little choice but the dismiss the claim because no private concern can issue penalties or fines.

The notice should give details on how to appeal via POPLA (if it dosn't, it's invalid anyway) which you can do. Include copies of your receipts.

But don't be tempted to contact the PPC themselves or pay them.

Keep us posted.

Coupon-mad

super_saint wrote: »

Just received a parking charge notice from asda from a company called smartparking for arriving at 9.11am & leaving at 12.26pm. On the notice are photos of the number plate confirming the times. I was in asda the whole time ..... had not been to asda for years ( wont be returning !!) so took ages as i did not where anything was - i also had lunch there so am obviously very annoyed. It's not as though i have gone shopping elsewhere in the time I was parked.

Having a search on here, loads of advice just to ignore...... Is this the correct path to follow or should I appeal? Just need peace of mind to ignore.

Thanks in advance

Saint

Smart Parking (aka TCP) and others like them are discussed every day on here and on pepipoo, here's some interesting stuff about Smart:

http://forums.pepipoo.com/index.php?showtopic=75552

https://forums.moneysavingexpert.com/discussion/4422129

Here is my usual advice in post #6 which tells you about the POPLA option as well:

http://forums.moneysavingexpert.com/....php?t=4447173

If this was in England/Wales I would appeal (worded more stroppily though, as a complaint) to Smart Parking because I honestly think more people need to get these fake PCNs cancelled by POPLA instead of ignoring and living in fear of the scary letters (they are just junk mail trash though and we laugh at them! ).

Just say that you were using ASDA for shopping and have a receipt that you will be happy to show at POPLA stage but not to a tin-pot third party parking company. Say that you will also require Smart Parking to produce the 'contract' they have with the owner/occupier for POPLA to scrutinise, which you think will be interesting bearing in mind their change of name recently.

Say that the amount is an unlawful penalty clearly designed purely for them to make a profit; the truth is that the owner/occupier made no loss and you were a customer of ASDA. Say that, since Smart Parking are not the owner/leasehold occupier they have no legal basis to allege contract or trespass, in their name.

So demand a POPLA verification code and form in your final paragraph of your simple appeal/complaint letter! Make it clear that you know the score and that POPLA will be at PE's expense and binding on them, not you. Demand the code or say you will deem the ticket cancelled, as per the BPA code of practice.

Then when they reject, appeal more strongly to POPLA to cost them money.

Word the POPLA appeal right and it should be cancelled. Thread discussing POPLA appeals:

http://forums.moneysavingexpert.com/....php?t=4447137

...just don't make the classic mistake of only saying 'I don't think this PPC has authority to issue tickets, no contract'. A case was lost on that basis when what they should have said was about the PPC's lack of lawful title/ownership in the land, as per mulronie's wording in post #27 there. That's good wording IMHO, plus you'd demand 'Smart' to show POPLA their contract (they hate that and won't!).

At least appealing to POPLA costs the PPC money and may well get a fake PCN cancelled. I think more people should use POPLA - but ONLY if the appeal is well worded. And only if this was in Engladn/Wales - which you haven't said.

DEFINITELY COMPLAIN TO ASDA - overall Store Manager only (not a Duty Manager). And to ASDA Head Office too. This is NOT on and you need to tell them about your experience and the dirt you have dug online about the terrible reputation of their 'parking agent' (because this is ASDA's agent, whatever Asda staff may try to splutter about 'Asda not owning the car park, nothing to do with us, ask the Council' they are wrong). And tell them why you will never return. Do that even if you decide to just ignore the scammers.

MikeAppleton

Yes I wouldn't ignore it, your silence could be misconstued as avoidance on your part if it ever got to court. I would contact them and explain it first (recorded delivery letter) and that should stop it immediately.

AltheHibby

Ignore them like you should ignore MikeAppleton's flawed advice. They are my local scammers and have never done court in any guise.

Responding to them only encourages them to think you can be pressured into paying.

Stroma

MikeAppleton wrote: »

Yes I wouldn't ignore it, your silence could be misconstued as avoidance on your part if it ever got to court. I would contact them and explain it first (recorded delivery letter) and that should stop it immediately.

Please don't follow this advice, obviously this user doesn't know anything about this situation at all

Coupon-mad

MikeAppleton wrote: »

Yes I wouldn't ignore it, your silence could be misconstued as avoidance on your part if it ever got to court. I would contact them and explain it first (recorded delivery letter) and that should stop it immediately.

Rubbish, one does NOT need to waste good money on recorded delivery to a scammer, and explaining it does not 'stop it immediately' when you are talking about a PPC scam. The only reason I suggest POPLA is to get it cancelled by legit, simple means - and mainly to cost the PPC money!

Nor will it go to Court. And there is nothing wrong with silence if the OP chooses that option to simply ignore the whole scam. We've all done that quite happily.

Your post looks like uninformed advice, hope you are not deliberately trying to make a PPC seem like a legitimate entity to take seriously, when it's just a protection racket? Maybe it's just a lack of knowledge about this scam...in which case stick around and read a few threads.

atilla

MikeAppleton wrote: »

Yes I wouldn't ignore it, your silence could be misconstued as avoidance on your part if it ever got to court. I would contact them and explain it first (recorded delivery letter) and that should stop it immediately.

Silly billy.