£70 charge for 10 minute parking - Thats ASDA Price

albaredz

Any faint slither of hope they may have had in getting that £70 is gone with "fixed penalty"; a big no-no stressed even by the BPA. You can simply quote the excerpt from its Code of Conduct that outlines what the invoice can be called, and that's it - game over - and Smart Parking will know it.

I am curious regarding the "charitable donation". Is that just a way of saying the PPC would get a cut of the money out of sympathy?

Liverpoolfc1967

Hi is this game set and match? Just read the BPA code of conduct. it states

"

14.2 You must not use terms which imply that parking is being managed, controlled and enforced under statutory
[FONT=Gill Sans,Gill Sans][FONT=Gill Sans,Gill Sans]authority. This includes using terms such as ‘fine’, ‘penalty’ [/FONT][/FONT]or ‘penalty charge notice’."

He has used the words "charged your wife" and "fixed penalty". Given this was sent by ASDA the land owner and not Smart Parking Ltd - does it make any difference.

Ok here is what I am thinking:-
- write back to asda stating they have broken the BPA code of practice and i expect the charge to be quashed,
- write to Smart Parking Lt disputing the PCN as
they have broken the code of practice and no material damage has occured.

Is this a good way forward?

albaredz

My gut says that going for the jugular - ASDA - rather than Smart Parking is even more effective since from a PR point of view this is disastrous for a supermarket chain rather than a company whose business is, well, shafting people with invoices. That "penalty charge" statement from a higher-up ASDA official is gold.

I'm a complete novice, however, so would wait and see what the seasoned posters on the forums have to say.

Liverpoolfc1967

The e-mail in question was sent by Paul Howler. Just found him on linked in. It says he is out there to protect ASDA's brand protection.
Paul Howley



Executive Relations at Asda Stores

February 2010 – Present (3 years 6 months)
I deal with all high level complaints sent to our Executives including our CEO.
As a team, we act as a brand protection unit across all functions within the business, inc: multi-channel, external partners and stores. Working along side our Press, Legal and Central Claims Teams to ensure the ASDA/WAL*MART brand is protected at all times.
We feedback to the wider business and drive Asda's policies to ensure shared learning and development needs are identified and correct policies are being followed at all times.

albaredz

Howler by name...

Coupon-mad

Quote BOTH On the Asda facebook page saying 'look how Asda deal with a complaint from a customer over an alleged 10 minute overstay in the car park by a genuine customer.'

Howler won't like that on their fb page.

atilla

dambrogio wrote: »

The e-mail in question was sent by Paul Howler. Just found him on linked in. It says he is out there to protect ASDA's brand protection.
Paul Howley



Executive Relations at Asda Stores

February 2010 – Present (3 years 6 months)
I deal with all high level complaints sent to our Executives including our CEO.
As a team, we act as a brand protection unit across all functions within the business, inc: multi-channel, external partners and stores. Working along side our Press, Legal and Central Claims Teams to ensure the ASDA/WAL*MART brand is protected at all times.
We feedback to the wider business and drive Asda's policies to ensure shared learning and development needs are identified and correct policies are being followed at all times.

And he's still just a call centre oik.
And don't you think his LinkedIn write up so looks a little too corporate?

geordieracer

Apart from email ping pong with someone from ASDA have you actually done as coupon mad has said and posted on their facebook page yet?

Liverpoolfc1967

I haven't posted on their facebook page. Still mulling my next move with Asda. My wife wants to pay £40 and have it all over (early payment reduction - runs out in 7 days).

I am looking for a knock out blow.

Do i report them to BPA - or are these just clowns run by the industry?

Post on facebook page?

anything else?

bazster

I'n not entirely clear on what it is you do want.

As regards getting rid of the ticket, you've already had your answer: wait until you get the Notice in the post, and then we can help you do a killer appeal and get it crushed (and cost Not-So-Smart Parking £27+VAT in the process).

But if you want to make Asda squirm, the sky's the limit. A bit of imagination and a bit of determination is all it takes.

You could write back to that complacent scumbag Clarke. And I mean write, on paper, it shows you are serious and it puts them to the trouble of writing back the same way. If you write to a CEO and get the brush-off from some minion, ignore the minion and write straight back to the CEO.

You could tell him you will not accept that there is nothing he can do. You could point out to him that Smart Parking are Asda's agents and Asda is responsible for their actions. You could insist that the ticket be cancelled and you will not accept "nothing I can do" as an answer. You could tell him that if he doesn't cancel it he will permanently lose your custom and that of all your family and friends (so much the better if you can send him copies of receipts or credit card statements to give him an idea of what this will cost).

You could thank him for his minion Howley's confirmation that it is a penalty charge. You could point out what it says about the "P" word in the BPA CoP, and you could point him to the mountains of case law proving that penalty charges are unenforceable. You could point out that what Asda (through the minion Howley) says about how the charge is made up is total rubbish, and you could direct him to Judge McIlwaine's comments in VCS vs. Ibbotson.

You could remind him again that this is all Asda's problem because Asda is responsible for the actions of its agents. You could tell him that should Smart be stupid enough to try court action you will do everything in your power to see that Asda is dragged into the court too.

You could tell him that, should you ever hear another dicky-bird from Smart, you will consider this harassment, remind him of the Protection From Harassment Act 1997, and remind him again that Asda is liable for the actions of it's agent.

You get the idea? If you've got the determination you could completely go to town on them. Local paper. Complaint to BPA and DVLA. Twitter. Facebook. Use your imagination. Go for it!

But don't forget to come back when you get that Notice in the post, so whilst you are busy humiliating Asda you can also get the ticket cancelled!