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£70 charge for 10 minute parking - Thats ASDA Price
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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.
Asda is the land owner who has appointed them. So I would be astonished if ASDA's words were not pemissable. Asda confirmed that
- the charge notice was a penalty
- confirmed the charge was based on overheads and nothing to do with the loss that they have incurred.
Let's see what they come back with.0 -
By the way is there a time limit that they have to come back in? How long after no reply can I get assurance they have binned the case?0
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ASDA have contracted a 3rd party to manage their parking. They can not speak for the 3rd party and it is the 3rd party that has to abide by the BPA, not ASDA.
The fact that ASDA has an employee who is not clued up about parking law is precisely why they employ a PPC.0 -
ASDA have contracted a 3rd party to manage their parking. They can not speak for the 3rd party and it is the 3rd party that has to abide by the BPA, not ASDA.
The fact that ASDA has an employee who is not clued up about parking law is precisely why they employ a PPC............. to add further to the total confusion
Just helped you out there a bit GD!
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 Street0 -
ASDA have contracted a 3rd party to manage their parking. They can not speak for the 3rd party and it is the 3rd party that has to abide by the BPA, not ASDA.
The fact that ASDA has an employee who is not clued up about parking law is precisely why they employ a PPC.
But they did speak about the issue. In fact they sent me 4 e-mails on the issue and dug a big hole for themselves on e-mail 3. I understand that they do not need to abide the BPA code of conduct.
However, Smart Parking - what will they argue in court - please disregard what our customer said, he did not know what he was saying? It wasn't just any ramdom employee from ASDA my e-mails were directed to the CEO and the first e-mail response introduced himself as follows:
"Thank you for your email to Andy Clarke regarding your wife’s Parking Charge Notice. As part of Andy’s team, I’ve been asked to reply to you on his behalf."
So he is part of the CEO's team.0 -
But they did speak about the issue. In fact they sent me 4 e-mails on the issue and dug a big hole for themselves on e-mail 3. I understand that they do not need to abide the BPA code of conduct.
However, Smart Parking - what will they argue in court - please disregard what our customer said, he did not know what he was saying? It wasn't just any ramdom employee from ASDA my e-mails were directed to the CEO and the first e-mail response introduced himself as follows:
"Thank you for your email to Andy Clarke regarding your wife’s Parking Charge Notice. As part of Andy’s team, I’ve been asked to reply to you on his behalf."
So he is part of the CEO's team.
Good point OP - principal and agent issue here; jointly and severally liable!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 Street0 -
But they did speak about the issue. In fact they sent me 4 e-mails on the issue and dug a big hole for themselves on e-mail 3. I understand that they do not need to abide the BPA code of conduct.
However, Smart Parking - what will they argue in court - please disregard what our customer said, he did not know what he was saying? It wasn't just any ramdom employee from ASDA my e-mails were directed to the CEO and the first e-mail response introduced himself as follows:
"Thank you for your email to Andy Clarke regarding your wife’s Parking Charge Notice. As part of Andy’s team, I’ve been asked to reply to you on his behalf."
So he is part of the CEO's team.
And the numpty you were in dialogue with is not part of Andy Clarke's team, no matter how many times he told you.0 -
It sounds unfair because it -is- unfair. When stores claim they are powerless to do anything that is most likely a lie. They, in all likelihood, own the land, so they are the ones who decided to hire a PPC.
Was the car park full or near capacity when this occurred? If not then not only is the charge for a 10 minute overstay extortionate on the face of it, but they cannot even claim that the overstay negatively impacted business since there may have been plenty of spaces for other customers to drive into!
ASDA -can- do something about it. If it turns out that they do indeed own that land, which they probably do, their position on the matter is untenable.
I'd say it is highly unlikely that Asda own the land. They will be tenants and have engaged a contractor in the PPC. Will be some work to find out who the Landlord actually is, but I suspect that the Landlord will not have given the authority to pursue monies for trespass and onto Court on their behalf.Search my post " PoPLA evidence - What to submit" on what is a good defense for a PoPLA appeal.0 -
Custard_Pie wrote: »I'd say it is highly unlikely that Asda own the land. They will be tenants and have engaged a contractor in the PPC. Will be some work to find out who the Landlord actually is, but I suspect that the Landlord will not have given the authority to pursue monies for trespass and onto Court on their behalf.
If Smart are the scammers then they are highly likely to own the land, or more precisely a subsidery of Walmart, they have an estate company just to manage that. Somebody did post the name of that previously as they paid the land registry for the info.When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0
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