£70 charge for 10 minute parking - Thats ASDA Price

daveyjp

Its also excellent that the appropriately named Mr Howler has stated the cost is to cover overheads. all that can be claimed are the losses incurred by the company. Overheads aren't losses.

Get that man in Court and following a previous case he had better take a toothbrush.

nigelbb

daveyjp wrote: »

Its also excellent that the appropriately named Mr Howler has stated the cost is to cover overheads. all that can be claimed are the losses incurred by the company. Overheads aren't losses.

This one of the Big Lies that buoy up the private parking business. They allege that you entered into a contract for parking & are claiming damages for breach of contract because you infringed the terms & conditions that they imposed.
However under English contract law any damages for breach of contract must be a genuine pre-estimate of losses. This means that they must identify the loss that was incurred by that particular car parking in that particular car park on that particular occasion. If it's an overstay in a pay & display car park then it's the price of the ticket that should have been bought. If it's an overstay in a free car park then it's all but impossible to conceive of any losses that could possibly be incurred. Theoretically if the car park was full & the overstay prevented another vehicle containing a family intent on a shopping spree from parking & instead they went to a competing store to spend their money then a loss would be incurred but in this case it would be fearsomely difficult to either prove or evaluate the loss.

atilla

No mention of contract on any signs in Asda car parks.
Those idiots not so smart are making a bit of a pigs ear of it at the moment.
No chance (so far) of them doing court and you've done well if you manage to get a poppa code from them.

bazster

atilla wrote: »

No mention of contract on any signs in Asda car parks.
Those idiots not so smart are making a bit of a pigs ear of it at the moment.
No chance (so far) of them doing court and you've done well if you manage to get a poppa code from them.

Yeah, that's the problem. There would be some satisfaction to be had from whipping them at POPLA and then sending a copy of the adjudication to Complacent Scumbag Clarke.

anotherbaldrick

dambrogio wrote: »

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?

Give them (the Store Manager) as much grief as you are able. They deserve it.

bazster

anotherbaldrick wrote: »

Give them (the Store Manager) as much grief as you are able. They deserve it.

Like filling a trolley with tubs of ice cream, taking it to the tills, letting them run it all through, and then, instead of paying, look at your watch and cry "oh no, the parking time!" and dash out of the store leaving the trolley there.

Or fill a trolley with the most awkward produce in the store (lots of bags of loose fresh fruit and veg springs to mind, or maybe lots of tubs and bags of stuff specially filled for you at the deli and/or fresh fish counters), and then demand to see the manager. When he then refuses to cancel the parking ticket, tell him where he can shove his groceries and walk out leaving it there for him to deal with.

Newforumer

Hi there
I am new to posting on forums. I have received a parking charge notice from the above with the reason over free time. This was in Asda car park in Worcester where you can park for £1 for 3 hours and then move the car. I came back to the car after 3 hours and put another £1 ticket on the car (as I was running late and was advised to do this by Asda staff). I stayed only another half hour and then left. The notice is as previously described in this forum with 2 blacked out pictures and a number plate. The times of entry and exit are noted. The fine is £40 or £70 if I do not pay within 14 days. I have appealed but like everyone else have had no answer.
Do I have to pay this notice, I have been reading a lot about this company on line. Also I did pay for the amount of time I parked, my only crime was overstaying the stated 3 hours by 30 minutes.

bazster

Newforumer wrote: »

Hi there
I am new to posting on forums. I have received a parking charge notice from the above with the reason over free time. This was in Asda car park in Worcester where you can park for £1 for 3 hours and then move the car. I came back to the car after 3 hours and put another £1 ticket on the car (as I was running late and was advised to do this by Asda staff). I stayed only another half hour and then left. The notice is as previously described in this forum with 2 blacked out pictures and a number plate. The times of entry and exit are noted. The fine is £40 or £70 if I do not pay within 14 days. I have appealed but like everyone else have had no answer.
Do I have to pay this notice, I have been reading a lot about this company on line. Also I did pay for the amount of time I parked, my only crime was overstaying the stated 3 hours by 30 minutes.

1. PLEASE start your own thread

2. No of course you don't have to pay. Start your own thread for more details.

Liverpoolfc1967

Below is a response sent to Andy Clarke CEO of ASDA tonight by e-mail.


ASDA in Breach of BPACode of Conduct


Dear Andy,


The below was a responsesent by your Directorate on your behalf. I find it astonishing that ASDA is knowinglyand willingly breaching the BPA code of conduct in handling of our complaint. The 2 key areas you are in breach of this codeof conduct are:



ASDA state below



"Smart Parking Ltd have charged your wife a fixed penalty of £70as the terms and conditions of use have been broken."

Section 14 of the codeof conduct states



"14.2 You must not use terms which imply that parking isbeing managed, controlled and enforced under statutory authority. This includesusing terms such as ‘fine’, ‘penalty’ or ‘penalty charge notice’."



ASDA have clearly usedthe terms charged and fixed penalty the latter of which is clearly a no no interms of the BPA code of conduct.



Secondly ASDA goes on tostate that



"The amount your wife has been charged is based on company overheads,administrations costs and a charitable donation."



The BPA code of conductis clear that any charge made should be based on company losses.

"19.5 If theparking charge that the driver is being asked to pay is for a breach ofcontract or act of trespass, this charge must be based on the genuinepre-estimate of loss that you suffer."



Clearly I hope you canunderstand that Overheads is not a company loss.

Your directorate whosent the below response, Paul Howley, states in his LinkedIn profile



"Paul Howley, Executive Relations at Asda Stores Ltd

February 2010 – Present (3 years 6 months)

I deal with all high level complaints sent to our Executivesincluding 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 isprotected at all times.
We feedback to the wider business and drive Asda's policies to ensureshared learning and development needs are identified and correct policies arebeing followed at all times."



So it appears thatprotecting the ASDA brand includes breaching codes of conduct. Do you condoneand did you authorize this breach?



I would welcome yourfeedback on why ASDA at board level is clearly responding to a customercomplaint (for a 10 minute overstay at your car park), by clearly, willinglyand deliberately breaching a BPA code of conduct that was introduced in 2012 tocleanse the industry of “rogue” and "cowboy operators" from imposingfines on private land.



Regards

albaredz

Technically it's the PPC who should be held at fault for any breaches with BPA guidelines etc; they would certainly be more savvy and know to never use words like "penalty" or "overhead" in their correspondence. ASDA could turn round and say "well we leave all this stuff to the PPCs".

Even so, the ASDA staff have still spectacularly made a pigs ear of this affair. If they have any clue about PR they would be grovelling at your feet and be telling the PPC to cancel the invoice.