Smart Parking fine £40 for parking in ASDA

Kelly_McNamee

Hi

I have just received a parking ticket from Smart Parking Ltd for £40 increasing to £70 if not paid within 14 days of the letter with a then further charge of £10 if I do not pay that. I am looking at posts on here regards this lot and from what I can see is just ignore it. I was in asda twice that day and between the two shops spent £50 (which im glad I still have the receipts for).

I will be complaining to ASDA about this as well as sending them copies of my receipts.

So just to double check should I just ignore this fine? And also if these companies are scammers surely there is a breach of data protection somewhere along the line?

Thank you in advance for any reply received.

ManxRed

Get a couple of pictures of the signs at ASDA just for backup. They must state somewhere that the company involved is Smart Parking Ltd. Most don't. They say Town and City Parking, with the word 'Ltd' crossed out with marker pen.

This is not sufficient for Smart Parking Ltd (a different company) to form a contract with the driver, and hence their tickets are worthless.

You might want to point that out to the manager at ASDA.

This IS a breach of the Data Protection Act by the way, these private parking companies and the DVLA use a phrase called 'reasonable cause' to release your data. The DVLA must ensure that the parking company has 'reasonable cause' to want the data. This is a soft catch all that the DVLA hide behind with the ICO to justify gaining a financial revenue from selling the data (£2.50 for every RK request).

Sadly, in this case, Smart Parking Ltd don't even have any reasonable cause as their signs - lacking the all important information of which company you are contracting with - are in breach of the Companies Act. Hence the DVLA ARE in breach of the DPA.

However you'll have a job convincing the ICO of this. Feel free to have a go though.

Stroma

The debacle around tcp and smart is an utter joke, but I wonder if the contracts they hold with retailers etc are actually worthless now? Different company and legal entity to tcp so would they have changed things ?

In relation to your situation OP complain to asda and don't let them fob you off with excuses like its a council owned car park, or we don't own the land etc, they have brought this lot in to infest car parks, they are responsible for the actions of their agents.

Kelly_McNamee

Thank you for your reply. As long as I cannot be taking to court for not paying it I will not be paying. I in the other hand will be sending a cheeky letter to ASDA asking them to justify this fine when I have two receipts one for 9:35 and the other for 12:03 which I got when spending my money in their store.

spacey2012

Asda's little way of thanking you for shopping with them twice in one day.
Ignore the fake ticket and Ignore Asda's as well for tying to scam you via their agents.

Kelly_McNamee

I know that it is not a council carpark as a friend complained about a year ago due to the joy riders who hang about their at night. She also went to police about it as her parents who are pensioners got some hassel one night. The police said they could not get involved as it was a privatley owned car park or something along those lines. SO they will not fob me off with the "its not our car park milarky"

Thank you for your feedback

Kelly_McNamee

spacey2012 wrote: »

Asda's little way of thanking you for shopping with them twice in one day.
Ignore the fake ticket and Ignore Asda's as well for tying to scam you via their agents.

I was back in the next day also and spent the same about lol

spacey2012

Kelly_McNamee wrote: »

I was back in the next day also and spent the same about lol

The next day after they tried to scam you ? :eek:

Stroma

They have tried to get rid of complaints in this manner for ages and there are a number of threads on here about it. Tell them you hold them directly responsible for the actions of their agents, you are a customer you have receipts to show it.

Also inform that you will bring legal action against them for the harassment you are going to get from this company and their powerless debt collectors. Link them to the harassment in your communication with them, and that you consider this as parking charge from asda not a third party company.

After you get the info off the sign in the car park, ask them how the company on that sign is a different company chasing you, ask them how can this be legal as asda don't appear to have a contract with smart parking.

nigelbb

Don't forget it's not a "fine". It's an invoice.

Kelly_McNamee

spacey2012 wrote: »

The next day after they tried to scam you ? :eek:

Yes the letter came in this morning I didnt know anything about it

A few freinds have said appeal it with them and others are saying just ignore it. As long as they cannot take legal action against me I will ignore it.