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£70 charge for 10 minute parking - Thats ASDA Price

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  • suki1964
    suki1964 Posts: 14,313 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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?

    Tell your wife you aren't paying a penny and forget about it

    I got two £40 tickets the one day in april and after checking on here I just binned them both. Never heard another word. They are chancers

    Spend the money on a gift for the child

    After posting on their facebook page that is ;)
  • albaredz wrote: »
    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.


    Yes but the PPC work for ASDA and ASDA have clearly made statements that would weaken the PPC's claim on us.

    We now plan not to pay, because,
    - The charge is disproportionate
    - ASDA have not incurred any losses
    - ASDA have brokeneached the BPA code of conduct

    If they (Smart Parking) do take us to small claims, I am assuming the above 3 and ASDA's make a pig's ears of it will have the case thrown out.

    I am looking forward to hearing from ASDA whether they support the statements they made in the last e-mail. Because actually this payment is a penalty - as there is no material loss. The car park was near empty at the time.
  • albaredz
    albaredz Posts: 51 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Furthermore you could challenge Smart Parking on whether their signage is legible, fair, appropriately positioned/sized, and request to see a contract where they are permitted by ASDA to take unpaid invoices to court.

    Really though, ASDA would be insane not to cancel this invoice themselves in light of what they themselves have said. ALDI are taking a beating on Facebook over the exact same issue - do they really want to go down this route?
  • Umkomaas
    Umkomaas Posts: 43,416 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    suki1964 wrote: »
    Tell your wife you aren't paying a penny and forget about it

    I got two £40 tickets the one day in april and after checking on here I just binned them both. Never heard another word. They are chancers

    Spend the money on a gift for the child

    After posting on their facebook page that is ;)

    Please note - ignoring PCNs is no longer current advice. Doing so can lead to months of aggravating letters and (potentially) up to 6 years of uncertainty re small claims which are now much more frequently raising ther ugly heads - CEL are issuing court claims for PCNs from 2 years ago.

    POPLA is a much more predictable and winnable route to kill the PCN stone-dead!

    Agree on getting at their FB page.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • atilla
    atilla Posts: 862 Forumite
    Part of the Furniture Combo Breaker
    dambrogio wrote: »
    Yes but the PPC work for ASDA and ASDA have clearly made statements that would weaken the PPC's claim on us.

    We now plan not to pay, because,
    - The charge is disproportionate
    - ASDA have not incurred any losses
    - ASDA have brokeneached the BPA code of conduct

    If they (Smart Parking) do take us to small claims, I am assuming the above 3 and ASDA's make a pig's ears of it will have the case thrown out.

    I am looking forward to hearing from ASDA whether they support the statements they made in the last e-mail. Because actually this payment is a penalty - as there is no material loss. The car park was near empty at the time.
    You keeping the mistake of thinking the Asda Exec are aware of your problem. They ain't. You are simply going round in circles with the call centre. The replies you've received should tell you that you are in dialogue with a numpty.
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    edited 19 July 2013 at 8:31AM
    Complaining to Asda is right and good, but not if you are going to make a complete mess of it. You'd have done better to simply copy and paste my long post earlier.

    Asda cannot breach the BPA's Code of Practice because Asda is not a member of the BPA and hence is not signed up to it's Code of Practice! By sending this to them (and by email too!) you have marked yourself down to them as a bit of a plonker.

    You seem to think that you can get Asda to fold just by finding some magic words to say to them. Well it might work - and I hope it does - but I very much doubt it. Asda has years of experience in brushing off these things, they are notorious for it, and some who claim to be insiders tell us that complaints such as yours are, quite literally, laughed at.

    To have any effect on Asda you need to threaten to hit them in the pocket and in the reputation. You have threatened neither.

    You don't need to weaken the PPC's claim on you, because it's so weak and wobbly already. The point of complaining to Asda is (i) to let them know they have a mighty pee'd off ex-customer and (ii) hopefully save you a bit of time and aggro by cancelling the ticket. It has nothing to do with weakening the PPCs case in a court, because if you continue not listening and you make such a mess of it that it does end up in court, what Asda has said will make not a blind bit of difference because Asda will not be in the court.

    You are blithering on about them taking you to court, but you don't seem to have listened to a word of the advice you been given several times on this thread: the way to get this killed off (other than by moaning at Asda) is simply to wait until you get a Notice to Keeper in the post, and then put in a "soft" appeal to the PPC. Then, if/when they send you a POPLA code, put in a strong appeal to POPLA, and that will be an end to it. No court.
    Je suis Charlie.
  • morganedge
    morganedge Posts: 1,320 Forumite
    What happened to just ignoring parking fines, as I thought was custom on this site?
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    morganedge wrote: »
    What happened to just ignoring parking fines, as I thought was custom on this site?

    "Was" being the operative word. If you look and read a bit you might find out why.
    Je suis Charlie.
  • morganedge
    morganedge Posts: 1,320 Forumite
    bazster wrote: »
    "Was" being the operative word. If you look and read a bit you might find out why.

    Something's changed? Interesting. Thanks for the heads up
    (not that it effects me either way)
  • Please find response from ASDA today. Where do we go from here?


    "
    Good Afternoon Alan,

    Thanks for your email.

    As previously advised we will no longer be taking this matter any further. I can assure you that our actions do not affect any of your statutory rights and are fully within all government guidelines and codes of conduct. I apologise if in my last response I used the word penalty, I can confirm that your wife has received a Parking Charge Notice.

    If you wish to escalate this matter any further, I would advise you seek third party advise i.e. Trading Standards or Citizens Advise Bureaux. I have to unfortunately advise at this point that there will be no further communication from our company in regards to this matter.

    Kind regards

    Paul Howley, Executive Relations

    Home Office Contact Centre
    The Mint"
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