Smart Parking/ Asda

James_R

Hi everyone. Just got a parking fine 20/8/13. It was in a car park in Newton Abbot. I was on holiday down south and up north near me (Wigan, Skelmersdale) you don't usually need to pay if you are using the store and staying less than 2-3 hours.

It appears different here. You pay a pound an hour and get it back if you spend over £10 at the till (I didn't notice as was stressed from the drive and just came hoping there was a petrol pump). There was no pump, so I used the toilet and paid for a couple of snacks costing £2.72.

Returning to the car I was shocked to discover the ticket. I asked the customer service and they said they couldn't do anything as it wasn't their ticket and it says as you enter the car park (it does but it says ASDA CAR PARK in big letters and pay and display smaller underneath.


Anyway, the cost is £40 going up to £70 if unpaid in 14 days. Its already been 7 as only got home yesterday. There is an appeal address on the ticket, is it worth it? as I did only pay £2.72, not the £10 and I doubt the company will be sympathetic. I still have the receipt btw dated the same minute as the ticket.

Any help appreciated, Thanks!

( ive reposted from the wrong thread)

Fergie76

Appeal.

Read the sticky threads on how to structure your appeal.

Custard_Pie

Firstly, this is not a fine as issued by The Police or Council appointed traffic wardens.

You have received a request for monies, based upon an assumed contract that existed between you and Smart Parking.

Now, an ideal scenario would be to pay the loss to the landowner of the cost of the ticket, but these are not reasonable people.

Smart Parking do not have a reputation for taking people to court, but does not mean that they will not start now, like Parking Eye.

I would not pay this ridiculous amount and the two choices would be:

1) Call Customer Services and tear them off a strip. Tell them that they will lose your custom and that of all your family and friends if they don't cancel this invoice for a genuine error.

2) Send in a soft appeal as the Registered Keeper (do not identify yourself as the driver) stating that the signs were not adequate and you require the charge either cancelled or a POPLA code for appeal.

Do the latter if Asda Customer Services say that they can't help.
When Smart Parking reject your appeal, check my signature and search for the post about how to appeal to POPLA and tailor to suit.

The_Slithy_Tove

WHEN you go back to Asda to complain, customer services will deny all responsibility (as they did before). They are lieing when they say it's not their car park and nothing to do with them. It IS their car park, and Smart are their subcontractors/agents. So, don't let them get away with this fob-off. Demand to speak to the manager (who may well spin you the same yarn - it seems to be part of their training)., be persistent.

Custard_Pie

The_Slithy_Tove wrote: »

WHEN you go back to Asda to complain, customer services will deny all responsibility (as they did before). They are lieing when they say it's not their car park and nothing to do with them. It IS their car park, and Smart are their subcontractors/agents. So, don't let them get away with this fob-off. Demand to speak to the manager (who may well spin you the same yarn - it seems to be part of their training)., be persistent.

I guess it depends on who you get on the end of the phone and how clued up and persistent the caller is. You are quite correct though, they are vicariously liable for Smart Parking's actions.

A threat to shop elsewhere, taking everyone you know with you and getting in touch with the local press normally does it. Also worth put a call into the Store Manager as well.

Guys_Dad

Genuinely, no underestimating, how long were you there? If < 15 minutes, you could appeal on grace period.

James_R

I was probably there about 20 minutes.

Custard, is it definatly worth appealing then? I mean by the time I appeal and lose, the beneficial £40 time will probably be up.

Coupon-mad

James_R wrote: »

I was probably there about 20 minutes.

Custard, is it definatly worth appealing then? I mean by the time I appeal and lose, the beneficial £40 time will probably be up.

OMG what on earth...'beneficial £40 time'!! THIS IS A SCAM. YOU WILL PAY NOTHING.

You need to know that it is 100% worth the appeal - we win 100% of the time at the moment at POPLA (2nd stage)! You simply need to read other threads and learn how to word it and to learn that you do NOT appeal yet. You WAIT for the Notice to Keeper to be sent to you (if you are the registered keeper).

Also Asda lied about the car park so complain again but this time to the Store Manager. See these links and advice & threads:

http://forums.pepipoo.com/index.php?showtopic=82727&st=0&gopid=862300

https://forums.moneysavingexpert.com/discussion/comment/62827554#Comment_62827554

Successful complaints to retailers here, more coming in on the forum every day!

https://forums.moneysavingexpert.com/discussion/comment/62837690#Comment_62837690

An Asda one which explains about how they LIE about the car park!

https://forums.moneysavingexpert.com/discussion/4534485

Dress smartly, get back in there and speak to the Store Manager about this harassment. And if they are useless just read up on how to respond to the Notice to Keeper when it arrives in the post (Sept/October). Do not appeal to the windscreen PCN as your position is stronger if you wait for the NTK. You will learn this if you simply read other threads.

James_R

Coupon mad:
I can't return to the store as I live about 300 miles away. I am also not the registered keeper as it would have cost too much in insurance to it change over. Though I live at same address. So maybe the following advice would not work unless I wrote it as if I am the registered keeper?

"In your appeal, do not talk about what happened, nor do you imply who was driving. Write it in the third person about 'the driver' and make sure there are solid appeal points in there such as:

'the driver was unaware of the apparent 2 hour limit, so, as I am merely the registered keeper of this vehicle who is not local to that site, I conclude that your signage must have been wholly inadequate. I also would say that this charge is a disproportionate penalty, which is unenforceable in law. If you reject my appeal I want to know whether the charge is supposed to be for breach of contract or trespass and how exactly is the amount arrived at? I will also require a POPLA code of course."

BTW, why is it best to appeal after the first notice?

Thank you a lot for the help by the way, I'm not trying to be obtuse, I just don't want to pay £70 if I can get away with 40, not that I want 40 either.

mttylad

This is a duplicate thread.

See https://forums.moneysavingexpert.com/discussion/4751205

Umkomaas

BTW, why is it best to appeal after the first notice?

Because the Notice to Keeper (which should arrive with the RK no fewer than 28 days after the windscreen ticket and no later than the 28 days after the first 28 days) will be in pursuit of the RK (not the driver) under the Protection of Freedoms Act 2012.

This gives the PPC more hurdles to get over, putting the RK in a stronger position than the driver. So at this stage no contact with the PPC and give no indication of who or who might not have been the driver on the day.

Get back when the RK gets the NtK - but make sure they don't get spooked into paying - as you/they need pay nothing!

Meantime get plenty of reading in, initially about 'soft' appeals, then POPLA appeals.