Asda Parking Fine

sidemoore

I was wondering if someone could advise me please My sister has just received a £70 fine for overstaying the time limit at an asda car park.
Are these enforcable? She is very worried as £70 is an awful lot of money for her that she just hasnt got.
Thank you for any advice

HO87

sidemoore wrote: »

I was wondering if someone could advise me please My sister has just received a £70 fine for overstaying the time limit at an asda car park.
Are these enforcable? She is very worried as £70 is an awful lot of money for her that she just hasnt got.
Thank you for any advice

Letting us know which parking company issued the so-called ticket and whether this happened in England & Wales or Scotland would assist us in formulating advice.

Is the "fine" your sister has received actually entitled "Notice to Keeper"? Without disclosing the actual dates concerned how long is the gap between your sister receiving the paperwork and the date it is alleged the parking infringement occurred on?

atilla

sidemoore wrote: »

I was wondering if someone could advise me please My sister has just received a £70 fine for overstaying the time limit at an asda car park.
Are these enforcable? She is very worried as £70 is an awful lot of money for her that she just hasnt got.
Thank you for any advice

It's not a fine. Just an unenforceable invoice.
In fact, current theory suggests that is exactly what it is, nothing more than an invoice - and a non vat compliant one at that. (assuming she got the standard initial letter).
Have a search for the standard reply from Stroma on these threads. Get her to send that of to not so smart.
I doubt they'll send her the popla code but eh, you never know.

sidemoore

Thanks for the prompt responce, I will call her in the morning and find out more details.
It was issued in England , i know that much and she is a blue badge holder. My sister has been staying with her daughter for two weeks down south and arrived home to the letter, i will find out the post mark on it.
Thanks again

zzzLazyDaisy

http://www.britishparking.co.uk/write/Documents/AOS/12_AOS_CoP_June_2013_update.pdf

Look at para 16.5 - presumably the Asda she was at provides disabled bays. If so according to the BPA code of practice, the PPC can't levy a charge on a disabled driver.

That is probably her best chance of getting this charge overturned on appeal. If the notice that came through the post has photos of her car entering and leaving the car park, she has been caught by ANPR camera, but they only log the time that you drive in and out of the car park. So they have no way of knowing where your sister was parked or even if she was displaying a blue badge, so the parking company has no way of complying with the code of practice!

Coupon-mad is hot on Equality Act appeals but I think she is on holiday. Have a search for some of her Equality Act posts. It's a bit late now but if you haven't found anything by the time I come back tomorrow I'll have a look.

Dx

sidemoore

Thanks zzzLazyDaisy ,have i got this right, as there was no ticket left on the window screen ,only the one sent through the post that means her time of arrival and departure was clocked by a camera ? They have no way of knowing where her car was parked. I am sure it was in a disabled parking bay as my sister can only walk short distances. Thanks for the link i read 16.5 and that was very helpful.
Should she send a letter to them pointing this out?
Thanks again for your help it is very much appreciated.

atilla

sidemoore wrote: »

Thanks zzzLazyDaisy ,have i got this right, as there was no ticket left on the window screen ,only the one sent through the post that means her time of arrival and departure was clocked by a camera ? They have no way of knowing where her car was parked. I am sure it was in a disabled parking bay as my sister can only walk short distances. Thanks for the link i read 16.5 and that was very helpful.
Should she send a letter to them pointing this out?
Thanks again for your help it is very much appreciated.

Yep, you've got it right.
Even better, the sounds state blue badge holders only in disabled bays. That in itself is wrong but as you have now seen, how would not so smart know who and how people park and where?
A firm complaint to the store manager, not the duty manager, highlighting the equality issue will get this claim stopped dead - unless the manager wants to be in deep sticky stuff with the relevant powers at head office.

Stroma

This is an Equality Act breach, your sister is allowed an adjustment in time because of her disability, its advised to make complaints to asda head office headed 'Breach of Equality Act 2010 at xxxxx Asda' inform them that no reasonable adjustment has been made by their agent, and you hold them responsible for the actions of their agent.

I'm guessing this is Smart parking ? Don't be fobbed with lies that this is not their land, if its smart parking they own it. Also did the notice to keeper arrive within 14 days?

zzzLazyDaisy

Hi have a look at this thread, where a disabled person got their ASDA parking charge overturned by phoning the Store Manager

https://forums.moneysavingexpert.com/discussion/4694563

Also, please don't take your eye off the ball with the 28 day limit for making an appeal to Smart. If your sister was away for two weeks, she could be halfway through the time limit. It really shouldn't be necessary to go as far as appealing to POPLA with this one, but there is no point in throwing away the chance until you know for certain the charge has been overturned.

Oh, when you/your sister speaks to the store manager, make sure her registration is put on the 'white list' and that should stop it happening again.

Dx

EDIT - here is a letter that I have adapted from one of Coupon-mad's appeal letters in a similar situation. Send it to Smart at the address for appeals on the back of the PCN.

'Dear Sirs,

Your ref no: xxxxxx/xxxxx
Vehicle registration number xxxxxxxxx

TAKE FORMAL NOTICE

I have received the above letter from Smart (parking agents at ASDA [insert location of store]) and am writing to clearly advise all parties that the driver at the time of this alleged incident was disabled and as such, she was entitled to take longer to shop at the store. This is by virtue of the fact that a disabled person has 'protected characteristics' as defined in the Equality Act 2010 ('the Act'). It is an offence to harass such a person and those associated with them.

In this instance, to allege that the driver 'overstayed' - and that as the Registered Keeper I owe hundreds of pounds as a result - is unlawful under the Act.

It is also a clear breach of the BPA Code of Practice para 19.

In addition, take notice that if Smart (as agents of ASDA) do not cancel this 'ticket', I am minded to sue ASDA and Smart as jointly and severally liable for the unlawful actions of Smart. It is clear to me that Smart are arbitrarily applying a fixed 'maximum stay' period without due consideration towards 'protected' visitors who are legally allowed to park for a longer period. These would include disabled visitors - and all parties have a legal duty under the Act to ensure there is no discrimination against such visitors.

I fully expect to receive a letter confirming that this charge has been cancelled, under the circumstances, now that all parties are aware of the driver's protected status.

However, all parties take note that I still reserve the right to take further action against all parties for this harassment if this 'charge' is not cancelled immediately. If it is cancelled now, then that will be an end to the matter.

If you choose not to cancel the charge, then I require a POPLA validation code within 35 days in order for me to appeal to POPLA (in which case I reserve the right to raise any other matters that may be brought to my attention).

I trust this will not be necessary and I look forward to receiving confirmation of cancellation of the charge by return.


yours,

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