Over stay parking charge at ASDA Bedmister...DO I PAY OR IGNORE??

Durham1966

Hi Coupon-mad,

Thanks for the reply and yes you are correct it was from a windscreen ticket.

I have emailed Smart Parking as you suggested, and I will inform you of the outcome, hopefully it will be cancelled.

Durham1966

Hi Coupon-mad,

I did as you suggested and on the 18th of October, I appealed online telling them that there were flaws in their letter and there was no loss caused by the driver's parking.

I did think that it had been cancelled as I had not received any reply until today (15/11/13) when I received a letter informing me that they had considered my appeal in detail and have decided to uphold the PCN as they believe that it was correctly issued in accordance with the terms and conditions advertised within the area concerned.
They also go on to say that it is the responsibility of the driver to check the signs in the car park before leaving the vehicle. Although the PCN has not been issued to cover any loss caused by the vehicles parking but as a core term of the parking contract which falls outside The Unfair Terms in Consumer Contract Regulations 1999. The parking charge is therefore not classed as damages or a penalty for breach, either of which might be linked to actual loss resulting from a breach. The parking charge is a part of a contract that was accepted by the driver when they left their vehicle parked and cannot, now in effect, be renegotiated although a discount period is offered as per the BPA Code of Practice. The driver agrees to either park in with the terms and conditions or accept a Parking Charge Notice of £70.00 if the terms and conditions are not adhered to.

I think they are saying that it was never meant to cover a "loss" but is part of a contract.

Sorry about not starting a new thread but I don't know how???

martmonk

go here;
http://forums.moneysavingexpert.com/forumdisplay.php?f=163

on the left a couple of inches down is a blue button with 'new thread'.

That'll do it.

Durham1966

Hi martmonk,

Thanks for the info, (I need it, it's an age thing !!) anyway I think I have managed to set up a new thread with the title "SMART PARKING Charge Notice"

Hopefully someone will be able to give me some guidance.

the_red_raver

hi all,

right....after having around 8-9 letters in total , from a threat of court then the next 3 letter asking to pay at a fantastic discounted price, they have stopped pestering, so

if you do get these demands in the post DO NOT PAY - YOU DO NOT HAVE TO PAY & THEY CAN NOT MAKE YOU.

have a wonderful christmas to you all & happy parking :j