£70 charge for 10 minute parking - Thats ASDA Price

jennikitten

atilla wrote: »

And don't you think his LinkedIn write up so looks a little too corporate?

Not with that many typos.

trisontana

Somebody else who can't tell the difference between "advice" and "advise"

atilla

dambrogio wrote: »

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"

Where do you go?
Exactly where you were told to go three pages ago.
All that venting of anger about Asda and a specific member of staff and you didn't realise he would be the one intercepting your complaints - even when told he is no more than a call centre oik.

Oh by the way, you never did email Andy Clarke. The email Addy you may have found in the public domain is.....you now know.

Liverpoolfc1967

but given asda statements that they have issued a penalty and that it covers overheads?

Does that not kill any success smart parking may have in achieving success in the courts?

Coupon-mad

dambrogio wrote: »

but given asda statements that they have issued a penalty and that it covers overheads?

Does that not kill any success smart parking may have in achieving success in the courts?

Probably, yes, and Smart (aka TCP) haven't ever tried a small claim before anyway. Seriously, I wouldn't even be thinking along those lines, I have just recently collected my third fake PCN and am ITCHING to get the Notice to Keeper so I can appeal it instead of the 'ignore' advice which worked for the other two older ones I had in the past. At no point does 'Small Claims Court' or a 'reduction in payment offer' enter my head; not sure why on earth you are giving those matters any credence at all when your only concern should be appeal and a well-researched POPLA win.

As this thread is so long now, remind us of your dates (approx.) and where you are in the appeals procedure with Smart. Are you at POPLA stage or have you missed the deadline or what? I thought you had already had the clear advice to do a simple challenge then win it at POPLA (which costs Smart money) and which is EASY.

And personally if this were me I would use that email in any appeal as I like Mr Howley's latest howler:

'we will no longer be taking this matter any further'

hmmmmm...well to the layperson that reads to me as if he's saying the fake PCN 'matter' isn't being taken any further. What else could it mean...? I would cite that letter to Smart in any challenge saying you've complained to Asda's Executive Relations team who have confirmed that they 'will no longer be taking this matter any further' but that if Smart want to take it to POPLA they should be aware that your challenge will involve such issues as non-compliant signage and no estimate of loss, as well as calling for the contract with Asda to be given to POPLA. Finish by saying you suggest they need to cancel this one before further complaints to the DVLA and BPA AOS Compliance Manager - and yet another public forum-documented POPLA loss for Smart Parking - inevitably follow.

atilla

dambrogio wrote: »

but given asda statements that they have issued a penalty and that it covers overheads?

Does that not kill any success smart parking may have in achieving success in the courts?

What Court??

You'll win a Gold badge for being the first if they did take you to Court.
With all the errors they make, Court is the last place they'll want to visit.
I myself have 4 'appeals' to send off to them tonight.
All will be rejected and chances of them sending me a popla code will be verging on nil.
That puts an end to it, or at least i thought it did until they replied to one i sent in in February. Enough evidence in that one reply to get them banned again.

Liverpoolfc1967

Hi All - just sent the following appeal in:-

"
Dear Sir / Madam,

Re PCN Number: TExxxxxx

I am challenging your parking charge notice dated 10thJuly 2013 on the following grounds. Please respond to each individualpoint that I state.



1. Thecurrent PCN has been disputed with ASDA. I have written to ASDA on several occasions and they have respondedevery single time. On the 17thJuly 2013, ASDA wrote and stated “Smart Parking Ltdhave charged your wife a fixed penalty of £70 as the terms and conditions ofuse have been broken.”

Theabove statement breaches the BPA code of conduct. I have subsequently challenged ASDA that theyhave breached the BPA code of conduct and asked “Doyou condone and did you authorize this breach?”. They did not answer this point, but didappologise for using the term penalty. Can you please confirm whether you believe the above statement by theland owner has breached the BPA code of conduct?

2. Thelarge sum demanded amounts to a penalty and/or is not an accurate reflection ofany loss suffered so it is not a reasonable charge. Your monetary claim isdisproportionate, punitive and unjustifiable in total. It may also be anunfair term and therefore in breach of Schedule 2 of the Consumer ContractsRegulations 1999.

Please note on the 17th July 2013, Asda answeredthe question on why the charge was so high by stating “Theamount your wife has been charged is based on company overheads,administrations costs and a charitable donation.”
I hopeyou understand that overheads are not accurate reflection of any losssuffered by Asda, by 10 minute overstayby my wife.
Pleaseprovide a breakdown of how your demanded charge is calculated so that I canconsider further whether it amounts to a penalty.

3. Thecontractual breach has caused no financial loss whatever to you or to theland owner but if you believe it has please set out the details clearly in yourresponse. The car park was near empty atthe time. Hence unoccupied places were available for others to park so mypresence did not prevent the parking of other cars and their making of payments.

4. YourCivil Parking Notice constitutes an invoice for payment. Accordingly yourinvoiced charge must include an element of VAT. However, your civil parkingnotice does not state either a VAT registration number or an invoice reference numberand so cannot constitute a lawfully valid demand for payment.

5. Havingexamined your parking charge notice I believe it is a non compliant demand forpayment for the following reasons,
- Asda’s response to me on the 17th July stated my wife had been charged with a fixed penalty which is misleading for implying it to have been issuedby a statutory authority. The term "charged"which is usable only in penalty charge notices issued by local authorities isneither correct nor appropriate terminology for a civil parking notice.

6. The Parking Charge Notice has the incorrect make of mywife’s vehicle and therefore it may be invalid. (her vehicle is aVauxhall and not a Volkswagen as you have stated).



7. Therules of the BPA require you to allow a grace period either to allow a motoristto read the signs and make payment or decide whether parking is permitted, and atthe end of a period of paid for time or maximum stay to allow for discrepanciesin the time shown on different devices. A reasonable grace period would be 5minutes but it may be that the owners of this site have instructed you to offera different grace period. Please advise the actual grace period in operation sothat I can assess whether you have acted reasonably.



8. Ifthis challenge / appeal is rejected, to enable me to prepare a formal appeal toP.O.P.L.A please provide the following documentation:

Acopy of your contract with the land owner which authorises you to act on theirbehalf in the management of this car parking area.

Acopy of the contract which you allege I entered in to when I parked.

Photographicevidence of the actual signs in situ, together with identification of thelocations around the site where these signs are currently placed. Please also confirmthe date when the photographs were taken (if not evident from the photographsthemselves) and whether you have made any alterations to the signage since thephotograph was taken.

Acopy of the full terms and conditions for use of the land where I was allegedlyparked wrongly.

Acopy of your certificate of membership of the BPA

Acopy of your protocol which your enforcement operators are required to follow.

Acopy of your standard appeal procedure and confirm whether or not it complieswith the Arbitration Act 1996.

Acopy of all of the images that you have of my vehicle. I understand that theData Protection Act entitles me to all of this information.

Acopy of your protocol for handling personal data such as images of my vehicle.I assume that such data is not disclosed to any third party (other than POPLAin the event of an appeal) but please confirm this.



Please provide this information within 35 days ofreceipt. If you are unable to provideany of the requested documents please provide a reason for each omission.



I look forward to hearing from you."

Let us see how long they take to respond to this appeal.

Stroma

Rejected !

When they give you the popla code please come back for further help

Guys_Dad

Stroma wrote: »

Rejected !

When they give you the popla code please come back for further help

Not much chance of a POPLA code as, amongst all this mish-mash and the things that were asked for, he didn't ask for a POPLA code .

Sometimes you can be just that little bit too clever.

And, of course, the PPC is not responsible for any comment given by ASDA.

bazster

Shouldn't have to ask for a PoPLA code, supposed to be provided automatically with a rejected appeal.

The OP is stubbornly going about it all wrong, but since it's not-so-Smart I wouldn't be surprised if they fold or never reply anyway.