smart pcn at asda car park on21/5/13

stressed222

Hi can some one please give me honest/reliable advice. I parked in Asda on 21/5/13 to pick up a few items quiclkly as i was in rush before picking up children from school. One tkt booth wasnt working so i just went in without paying displaying(stupid me) when i came back i found smart parking pcn of £70.00 and £40 if paid within 14 days. I rang up to pay next day but my tkt was not on system yet so left for few days and strted looking on web. I know i should have paid and displayed but didnt on this occasion and i cant afford to pay this.
What should i do i only have 2 days to pay the £40.00 and im terrified. Old threads say ignore all and dont pay new ones say different things. On the bpa website smart parking is shown to have no debt recovery. Please im an honest requiring honest answers asap thankyou

Coupon-mad

Well you DO NOT PAY IT! Do not ring them again!!!!!!! :eek:

It's a very well known scam but if this was England or Wales you are best appealing it at the right time (with help from us) and also complaining to Asda.

But you do nothing right now as you need to WAIT for the Notice to Keeper to arrive in the post (unless you /OH are not the registered keeper).

DO NOT respond at all to the windscreen PCN except to try a complaint in Asda in person to see if they will overturn it as the ticket machine wasn't working - and if you can show your receipt too. Do not take 'we don't own the car park, this is nothing to do with Asda' as an answer because that's a lie. Smart are Asda's agents so it is certainly their car park and Asda are responsible for how you are feeling right now (harassment).

COMPLAIN FIRST, TO THE STORE MANAGER ONLY (NOT JUST THE TEENAGER OR MUMSY FOB-OFF MERCHANT ON THE CS DESK).

I am also an honest Mum of 4 kids and I have ignored two fake PCNs like this in Supermarket car parks myself, I laughed at them! But that was last year and the advice this year for England and Wales only and for AOS member PPCs only, has changed to appeal to the scammers and then do a strong second stage appeal (NOT WORDED WITHOUT HELP PLEASE AS IT'S NOT A NORMAL APPEAL!) to POPLA the new independent appeals service.

You'll see threads talking about POPLA on here but your best first port of call is the Store Manager, get angry about this harassment. Smart Parking do use outsourced debt collection firms to send scary letters so if you are easily intimidated (I laughed at my letters, it is ONLY junk mail after all, not home visits!) then best to deal with it now and get it cancelled - either by Asda or by POPLA.

Stroma

You'll only get honest advice here. First thing is to not be afraid of these scumbags, they are just trying to intimidate you. Next go back to the asda and demand that they cancel this fake ticket immediately, you are a customer show them a copy of your receipts.

If they give you the baloney of its not their car park, they are lying! Tell them you've checked the land registry and its owned by a subsidiary of Walmart who own asda. Speak to the store manager only, and be forceful.

Next the parking company are pathetic and could be ignored, but if this is England or Wales it can be challenged, if rejected you can go to the independent appeals called popla, there you will get it cancelled because we can help you with that.

If you live in Scotland or NI then ignore the scam completely is the advice. If your vehicle is hired/leased/company then you should appeal to take this away from the registered keeper.

stressed222

Thanks for your support and replies, but i didnt keep my receipts for asda that day(it never occurred to me). Also ive been in housebound since 21st may with siatika back pain and only 2 more days and my 14 days are over. Im not able to get back to the store to complain so what should i do? can i just ignore the fine and escape being taken to court or i could try ringing tomorrow, but i didnt keep the receipt for that day so i have no proof of buying goods. I probably sound very dumb but i was having a look at the popla and it makes no sense to me at all. Thankyou for your help but i really need things simplifying, im a mum of 3 too.:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(:(

Stroma

It's not a fine ! They have never been to court ever, so don't worry about that side of things. As for not being able to go back, just email their head office, post your complaint on their Facebook and Twitter presences , with words to the effect that asda issues parking charges to their clientele .

Also I'm sorry to hear about your back problems, I hope you get some relief and back on your feet soon. But as this is probably a long term thing you are protected under the Equality Act 2010, ensure your complaint is headed like this

Breach of Equality Act 2010 at ASDA (name of store)

Then your complaint

stressed222

hi again , when i send my email complaint to head office do i send details of the date, my name car details and tkt number because im not sure and im not sure really how i write a letter under equality act.

Stroma

Yes you need to give them the details otherwise they won't be able to cancel the ticket. Best to wait until Coupon Mad comes along, she will give you a good few pointers, I'm just going so haven't got the time until probably tomorrow for this.

Make sure you ask them for the address details of their registered office is so you can send a notice of action so you can sue them for the breach of the act if they don't cancel this.

Coupon-mad

stressed222 wrote: »

hi again , when i send my email complaint to head office do i send details of the date, my name car details and tkt number because im not sure and im not sure really how i write a letter under equality act.

Smart Parking and Asda will have breached the Equality Act 2010 if they continue to harass you once you tell them about your protected long term, debilitating medical condition of sciatica.

Write a complaint letter (you can't email Asda Head Office as they don't publish their email addresses!) about this illegal harassment to the PPC and to the Store Manager and Head Office of Asda.

In addition, why not post it on Asda' facebook page to embarrass them and force them to act.

That's what I would do rather than worry about it. This is NOT a fine and you don't have to even think about a day in Court, don't be daft, this is a scam.

Here you go, add the details where I've left it in red, copy & print this out & post it to Asda's Store Manager, Smart Parking and also by name, Jonathan Bottomley, Asda Executive Relations (at Asda's HO address you can find on their 'contact us' part of the Asda website).





Dear Sir/Madam,

Complaint and challenge against 'parking ticket' number xxxxxx

I am writing a complaint because I am the registered keeper of vehicle registration number xxxxxx and was shopping in the Asda store at xxxxxx when I was horrified to find my car had been issued with a fake PCN from 'Smart Parking Ltd., aka Town & City Parking'.

The situation is that when I parked I found the pay & display machine was out of order so could not get my usual 'ticket' for refunding at the till. I would never have expected Asda's agents to try to unlawfully profit from that failure of their own operation but apparently that's typical of the private parking 'industry' (I use the term loosely), as I have now discovered when researching this. How many complaints will it take for Asda to see this for what it is - and that this set-up is NOT 'parking management' in any sense of the term.

This 'fake PCN' - I have since found - is an unenforceable impersonation of authority attempt, issued by a notorious parking firm recently temporarily banned by the DVLA - and yet they are Asda's agent. But it intially scared me and intimidated me so much I nearly paid it until I took advice and researched this all-to-common situation which is bringing Asda's online profile into disrepute. A simple Google search opened my eyes to see that cases like mine are far too prevalent and I am astonished that Asda allow customers to be intimidated like this just for shopping and am so angry that this is making me ill.

What on earth possesses Asda to think it's a good idea to contract with an agent who makes their only revenue by pretending to fine unsuspecting Asda customers? Parking companies like this one are obviously incentivised to issue - and refuse to cancel - as many fake PCNs as they can, of course, otherwise there's no profit in it for them. Had Asda not considered when signing this contract for stores across the UK, that this sort of 'aggressive ticketing' of genuine customers may just typify the private parking company 'business model'; an ostensibly free service sold to Asda so compellingly - with a tiny donation to charity included no doubt - when this huge contract was signed? A parking agent which offers its dubious and punitive 'services' to Supermarkets for free - did that not ring any warning bells with anyone as regards the likely effect on customers?

Not only that, if I could have displayed a ticket I would have been refunded when I paid for my goods that day - so there was no loss incurred by Asda or by Smart whatsoever and the charge is groundless.

Both Asda and Smart Parking are jointly and severally liable for this illegal harassment and so this is my complaint letter - not an 'appeal' but a challenge nonetheless - to ensure you nip this 'charge' in the bud right now and cease and desist with this harassment.

For your information I have a long-term medical condition (sciatica) which has now flared up and made me housebound as I write this complaint. I am also a Mum of 3 kids who normally love to come and shop at Asda as a family - but this experience is making me think twice about ever returning.

I realise that I don't have to 'appeal' this fake PCN, not only because I have learnt that it's not a real fine but also because I am covered by the Equality Act 2010. A demand for money such as this, caused purely by the failure of Smart Parking's own machinery that day, is illegal harassment of a 'protected' person in my case, as defined in the Act.

For the avoidance of doubt, I suggest an informed person at Asda reads the Equality Act 2010 ('the Act') definition of disability and takes on board the fact that someone is covered and protected by that law if they have 'protected characteristics'. This includes any long-term condition that affects daily life - such as sciatica. For Asda's information, there is no need to take advice from your parking agent because the fact is that there is no requirement for a 'Blue Badge' or any other proof of disability to be shown at the Customer Service desk for me to be offered parking terms without such harassment, so I do not expect an uninformed reply mentioning that irrelevant 'Council-only on-street' scheme that parking companies like to rely on, without any justification in law. Nor do I want platitudes that Smart Parking are an AOS member (I realise that) nor that they are needed for parking management because that's simply not the case.

Asda could do a much better job yourselves in your own car parks, with consideration of customers (in particular, your elderly or disabled customers or those with families and other distractions and priorities) being at the forefront of your colleagues' minds, not fake fines, impersonation of authority & profiteering. You wouldn't employ an outside agent to crack the whip at the tills and pretend to fine elderly or disabled people for 'taking too long' or 'littering' if they should drop their receipt - on the contrary, you specifically employ colleagues to help customers - so why on earth do Asda outsource their car parks?

What do I want Asda and Smart Parking to do about it?

I do - of course - require the fake 'PCN' to be cancelled forthwith - and an apology from both companies seems the least I could expect as this has affected my health and is simply unacceptable in a customer-facing retail environment.

I also require the above VRM to be added to your 'white list' at that store and other local stores near me, containing details of 'protected disabled' visitors so that I never receive another unwelcome and frightening Notice like this just for shopping at Asda, should I feel like returning in the future.

If in the unlikely event of Smart Parking refusing to cancel this 'ticket' (does the tail wag the dog I wonder?) then I invite them to reply to me at the above address stating their reasons and giving me a POPLA code. I will be more than happy to show POPLA the illegality of this ticket and to raise with other authorities and indeed the press, this shocking situation - repeatedly exposed online and dragging down Asda's good name - and taking money from your customers that could have been spent at the tills. This complaint is already receiving attention on a very popular UK consumer forum so I would have no hesitation in spreading the word further if need be.

yours,

atilla

Teensy weensy alteration to the above excellent letter.
Smart Parking Ltd, aka Town and City Parking.

stressed222

coupon mad and stroma are fab. I cant seem to copy and paste it (not very it literate- still learning) il try printing and entering details by hand?
Let me get this right i need to send 3 letters asda head office, Jason and smart parking and i must give all my details? I thought we werent supposed to give any details to smart parking? Also im not able to go out yet (because of my back) will it matter when i post it and if letter is partly hand written?

Coupon-mad

stressed222 wrote: »

coupon mad and stroma are fab. I cant seem to copy and paste it (not very it literate- still learning) il try printing and entering details by hand?
Let me get this right i need to send 3 letters asda head office, Jason and smart parking and i must give all my details? I thought we werent supposed to give any details to smart parking? Also im not able to go out yet (because of my back) will it matter when i post it and if letter is partly hand written?

Click at the bottom of the letter, then 'left click' and hold your finger down and drag diagonally upwards to highlight the whole letter (if you highlight too much just let go, click anywhere randomly which cancels the highlight, and start again).

Then when the letter is highlighted right click and choose 'copy'.

Then open up a blank word document and right click on that and 'paste'. The letter you highlighted will then be shown on your word document.

Then edit out any of the 'rant' (my version!) that you might not want in that letter, and add your details. You can add ticket & car reg details by hand if you prefer.

It doesn't matter about giving these details to Smart Parking - they are not scary! You want Asda to tell them to cancel don't you, but at the same time you will have challenged the fake PCN to the PPC (better than ignoring them).