Smart parking fine - slightly different this one!

Umkomaas

And please OP, don't go perpetuating the position that 'ignore' is the way to (not) proceed with a PCN. I don't know which threads you have been reading, but 'ignore' (aka bin it, shred it, stick it in the hamster's cage, w-y-a with it) has not been advice for at least 4 months, and during that time that's at least 100 pages of threads on this forum almost all advising 'don't ignore'.

But I agree with preceding advice in the posts in your (this) thread. First port of call - THE Manager of Asda. If no joy, but you must be polite, yet firm, then it's appeal time. So do a bit of reading on 'soft' appeals and POPLA appeals.

See what THE Manager says first, then come back and let us know.

Stroma

I disagree here, ignore is an option. And it will always be providing people are up to speed on what that entails.

If you ignore

You are at increased risk of a county court small claim, they have 6 years to issue a claim, though if they wait the full 6 years they will be in breach of ICO and the handling of your personal information.

Also Smart Parking has never to date issued a small claim ever, and if its an Asda its likely that they don't have the permission to do so from them. There are no certainties in this though, they could change tactics at some point.

The companies currently issuing claims are on the following link
https://www.whatdotheyknow.com/request/small_claims_from_bpa_aos_member

Parking Eye, Civil Enforcement Ltd, Devere, UKCPS and Securitas Security are the ones currently issuing claims in numbers.

Custard_Pie

JakeElwood wrote: »

Many thanks for your advice so far. Much appreciated.
However I cannot deny that once we finished our shopping in Asda then we did not return to the car straight away, thinking that we would be within the 'time limit'. Obviously we were not hence the 'invoice'
Secondly, on the second part of the badge, the white card where you spin to show your arrival time, it clearly states a max of three hours on that actual card.
This is why I believe I should pay, but again only if they are legally entitled to demand payment, rather than merely sending a speculative letter. I hope that makes sense?
Kind Regards
Jake.

The PPC love people like you. It's why they exist and will continue to do so until Parliament intervenes.

So, you made a mistake. Even if you didn't, would you pay your neighbour £100 to park on their drive if they asked you for the money?

As has been stated, you are entitled to certain protection under the Disabilities Act and regardless, at a maximum you would be liable for the pay and display charge for the time you stayed there. If it's a free car park, then this figure is zero.

If it was me, I'd be straight into Asda and tear the Store Manager off a strip and the charge will go away. They don't want disabled people in their store creating a scene, even more so if they think that they may lose your custom.

Play the system and don't line the pockets of the scammers.

JakeElwood

again, thanks all.
The ASDA store is in Newquay, I live in Southampton, so I cannot see the manager.
I will follow the appeals process as advised on the letter, and appeal online, I have a scanned copy of the disabled badge.
I will also request a POPLA code.
I will update as I go along.
Regards
Jake

Custard_Pie

JakeElwood wrote: »

again, thanks all.
The ASDA store is in Newquay, I live in Southampton, so I cannot see the manager.
I will follow the appeals process as advised on the letter, and appeal online, I have a scanned copy of the disabled badge.
I will also request a POPLA code.
I will update as I go along.
Regards
Jake

So, you were passing through. Call the Store, or contact Customer Services and don't be fobbed off. You soft appeal to the Smart Parking will almost certainly be rejected. Make sure that you do not identify the driver, but respond as the registered keeper, always referring to the driver as the third person. Clearly ask for the parking charge to be cancelled and do state that you require the PoPLA code if your appeal is rejected.

Just make sure you do your homework here if it goes to PoPLA. PoPLA will not accept the disabled badge as mitigation.

Stroma

Well go to their customer services via email, don't let them off the hook, you are the customer being discriminated against, you are the one they are trying to rip off, don't just take it get angry with them. The only way things will change is if they get thousands of complaints, do your bit.

Umkomaas

Stroma, I agree 'ignore' is an option, but it's no longer the default advice, not for the past 4 months at least.

And yes, people do need to know what it entails, I rather suspect most don't, most probably don't want to know, they want just to bury their heads in the sand (which of course exposes their @*$€s) and want it to go away with no further worries.

To me soft appeal and POPLA (forum assisted) provide most certainty for the newly frightened.

HappyMJ

Umkomaas wrote: »

And please OP, don't go perpetuating the position that 'ignore' is the way to (not) proceed with a PCN. I don't know which threads you have been reading, but 'ignore' (aka bin it, shred it, stick it in the hamster's cage, w-y-a with it) has not been advice for at least 4 months, and during that time that's at least 100 pages of threads on this forum almost all advising 'don't ignore'.

But I agree with preceding advice in the posts in your (this) thread. First port of call - THE Manager of Asda. If no joy, but you must be polite, yet firm, then it's appeal time. So do a bit of reading on 'soft' appeals and POPLA appeals.

See what THE Manager says first, then come back and let us know.

Ignore is an option. Not the best option though but it is an option. If a PPC never takes cases to court then there is little risk in choosing ignore and spending your day doing other things.

Umkomaas

HappyMJ wrote: »

Ignore is an option. Not the best option though but it is an option. If a PPC never takes cases to court then there is little risk in choosing ignore and spending your day doing other things.

Other than to say that if they're not closely watching the outcomes of the current PE and CEL court strategies then they really are the idiots we all take them to be ...... and they have 6 years to prove us wrong.

JakeElwood

Well, just been fobbed off by the manager and surprise surprise I cannot upload the copy of the diabled badge to the company website to appeal!