Overstayed at ASDA, I admit it - so do I pay up?

pogofish

jceconomics wrote: »

I don't know whose car parks Parking Eye look after, but unless they are council owned these actions will fail. They may issue papers, but I doubt they will attend court on the day. This is because--and it really is very simple--if we are talking about a privately run car park they simply cannot issue a PCN. This is because all anyone is guilty of by overstaying is breach of contract--nothing more nothing less. If parking was free for two hours, then a charge of £70 for exceeding this by half an hour or even a full day would be seen by the court as a massively excessive estimate of the "loss" resulting from the breach. I have personal experience of this (several times thanks to my wife), and we have never got to the paper issuing stage.

It is only because people feel intimidated by these letters that feel they have to pay up. And is only because some ill informed people pat up that these companies continue with their desperate charade. Obviously, if court papers turn up you have to respond, but until that stage do nothing. They really will go away

You need to start at the top of the forum and read-up on the current position before blundering about with advice that could confuse and land posters with a hefty and wholly avoidable bill.

Hovite_2

jceconomics wrote: »

I don't know whose car parks Parking Eye look after, but unless they are council owned these actions will fail. They may issue papers, but I doubt they will attend court on the day. This is because--and it really is very simple--if we are talking about a privately run car park they simply cannot issue a PCN. This is because all anyone is guilty of by overstaying is breach of contract--nothing more nothing less. If parking was free for two hours, then a charge of £70 for exceeding this by half an hour or even a full day would be seen by the court as a massively excessive estimate of the "loss" resulting from the breach. I have personal experience of this (several times thanks to my wife), and we have never got to the paper issuing stage.

It is only because people feel intimidated by these letters that feel they have to pay up. And is only because some ill informed people pat up that these companies continue with their desperate charade. Obviously, if court papers turn up you have to respond, but until that stage do nothing. They really will go away

To ANY NEWBIE - ignore this outdated and frankly wrong advice !!!!!!!!!!!!!!!!!!! Ignore is not an option. You should appeal to both the PPC and the landowner and if necessary to POPLA.

To the OP - please, please, please stop confusing people with incorrect advice. Parking Eye ( and others ) have obtained CCJ orders from courts for people that ignored their letters.

Umkomaas

jceconomics wrote: »

I don't know whose car parks Parking Eye look after, but unless they are council owned these actions will fail. They may issue papers, but I doubt they will attend court on the day. This is because--and it really is very simple--if we are talking about a privately run car park they simply cannot issue a PCN. This is because all anyone is guilty of by overstaying is breach of contract--nothing more nothing less. If parking was free for two hours, then a charge of £70 for exceeding this by half an hour or even a full day would be seen by the court as a massively excessive estimate of the "loss" resulting from the breach. I have personal experience of this (several times thanks to my wife), and we have never got to the paper issuing stage.

It is only because people feel intimidated by these letters that feel they have to pay up. And is only because some ill informed people pat up that these companies continue with their desperate charade. Obviously, if court papers turn up you have to respond, but until that stage do nothing. They really will go away

Here's a marquee result at court for ParkingEye. Take some time over reading this:

http://forums.pepipoo.com/index.php?showtopic=75803&hl=MingRider

And while you're at it you might want to have a read of all of these:

http://www.parkingeye.co.uk/News

After absorbing the latest set of circumstances, come back and let us know what you think.

jeanraffio

Got to be a ParkingEye troll, surely??

Coupon-mad

OurKev wrote: »

Today I received an email from Smart Parking stating:-

Thank you for your recent communication.

I have noted the points you raised and would like to confirm that we are
cancelling the Parking Charge Notice.

If I can be of any further assistance please do not hesitate to contact me.


Yours sincerely,

Smart Parking Ltd


Thanks for the help and advice folks.

Kev

Well done - I will add a link to your thread to the sticky 'successful complaints about PPCs' as you have got this cancelled by complaining to Asda and showing them you are a regular customer:

https://forums.moneysavingexpert.com/discussion/4766249

Well done - and next time don't be so quick to assume that you were in the wrong, as per your thread title which looked as if you thought you had committed some sort of crime! Remember, the customer is always right (even if you are just a regular customer of Asda but only browsed on that day).