Working at the store and trying to fine me

thepedestrian

Whereas in the last 2 or 3 years of receiving a PCN ,I was 100% confident in ignoring their pathetic letters ,since changes in the law ( this year, end of last ? ) now I am not so
I really have a good excuse as I was was working for the Asda store hired by a third party firm when I received the charge - but am loathe to contact them to explain as I feel once I make contact and they have my details , they will "smell blood" as it were

I have spent some hours now ( much to my partners annoyance and constant " be cheaper just to pay the £50 !" interjections ) but ,as I say ,since the new law / ruling a lot of the information / anecdotes on the forums seem to be not applicable ?..

tykesi

thepedestrian wrote: »

Whereas in the last 2 or 3 years of receiving a PCN ,I was 100% confident in ignoring their pathetic letters ,since changes in the law ( this year, end of last ? ) now I am not so
I really have a good excuse as I was was working for the Asda store hired by a third party firm when I received the charge - but am loathe to contact them to explain as I feel once I make contact and they have my details , they will "smell blood" as it were

I have spent some hours now ( much to my partners annoyance and constant " be cheaper just to pay the £50 !" interjections ) but ,as I say ,since the new law / ruling a lot of the information / anecdotes on the forums seem to be not applicable ?..

Not sure which forums you have been reading but if you had looked at 90% of the threads on the first three pages of this I bet you would have seen the correct advice given countless times. Might be worth having another look or at least posting some specifics of the 'offence' in order that one of the regulars may help you, they can't do much with no specifics

thepedestrian

Well basically stayed 11 hours in the Asda car park whilst doing a night shift in the store and now several days later Parking Eye wants £85 for the privilege of parking there ,its over 70 miles from me and was unaware of the set up.....have been advised to phone the manager , but I was under the impression that they had no clout where these PCN were concerned...or contact Parking Eye and explain to them why I was there for 11 hours....but as I said , I think if I make contact with them they would view me as a soft touch and concentrate more on me than they would if I blanked them

Hovite_2

You should ring the manager as Parking Eye are Asda's agents so Asda ARE responsible for them and their fake ticket.

We need to know more detail before you appeal to Parking Eye though.

Did you get a ticket on the windscreen ?
Are you the registered keeper ?
Do you live in Scotland ?
Please detail the dates you received ALL correspondence from Parking Eye.

thepedestrian

no ticket on screen - am not the RK as borrowed my partners car for that shift ( incidentally that was the Sunday and then did the same shift on the Tuesday ,but no mention of that.......yet ! )

live in UK ( this was Cambridge ) 08/09/13 rec PCN 16/09/13

The shift I did started at 6pm and its a 12 hour shift , so they have recorded me as entering 17.58.03 Sunday and leaving 06.11.59 Monday morning

Hovite_2

OK, so your partner has had the Notice to Keeper. Given what you've posted about what she said regards it would be cheaper to pay it I'm guessing she's unlikely to want to fight this as the Registered Keeper ?

If she is willing then she should make a soft appeal to Parking Eye along the lines of "the driver had the permission of the landowner to park there as the driver was employed by the landowner". She should always speak of the driver in the third person and never disclose who was driving.

If she's unwilling to play then she should tell them that the driver was you and give them your name and address. When you then get the next letter addressed to you, you appeal on the lines I mentioned above but obviously there's no need to hide that you were the driver.

hoohoo

In court cases where I have helped shop workers, ParkingEye have always stated to the effect of: 'Parkingeye have the fairest appeals system in the industry. Had we known you were a genuine worker and appealed, we would have cancelled the ticket. Because you did not appeal we have incurred extra costs and you must now therefore pay.'

My advice is therefore for the RK to appeal on the grounds the driver was a worker at the store.

If PE do not cancel the charge come back here so that their lies can be made publicly available, then appeal to POPLA.

If PE do cancel, come back here and let us know.

zzzLazyDaisy

hoohoo wrote: »

In court cases where I have helped shop workers, ParkingEye have always stated to the effect of: 'Parkingeye have the fairest appeals system in the industry. Had we known you were a genuine worker and appealed, we would have cancelled the ticket. Because you did not appeal we have incurred extra costs and you must now therefore pay.'.

And of course if, in some far off corner of some parallel universe, PE had actually served a Letter Before Claim that was compliant with Annex A of the Practice Direction, and followed the pre-action steps before starting proceedings as they are required to do, they would have discovered this vital fact, and would not have be put to the unnecessary cost of starting proceedings in the first place....

thepedestrian

Just phoned Asda general customer services for advice on this and they gave me the Cambridge number to ring ( customer services ) rang the girl on the desk and asked to speak to the Manager , but made the mistake of telling her it was about Parking charges.....she put me on hold and then the phone went dead !
Rang again straight away and it was busy for about 5 mins ,got through to desk girl again - this time I asked for the Manager straight away and when she asked "concerning what ?" - I just said "services"

Spoke to duty Manager ,who advised me to send the PE PCN letter to them with a cover note explaining the situation ( will send it recorded I think ) and they will see about getting it cancelled ( after checking it out )
- he did warn me to expect more letters from PE in the meantime though ,as they are "quite vociferous"

The_Slithy_Tove

thepedestrian wrote: »

Spoke to duty Manager ,who advised me to send the PE PCN letter to them with a cover note explaining the situation ( will send it recorded I think ) and they will see about getting it cancelled ( after checking it out )

That really was a pathetically weak response from them, "I will see about". He should have said, "yes, I will cancel this."

thepedestrian wrote: »

he did warn me to expect more letters from PE in the meantime though ,as they are "quite vociferous"

In which case YOU should warn HIM that as PE are HIS agents, then HE is jointly liable for any such harassment, and it will be HIM facing a lawsuit for such unless he calls the dogs off NOW. Yet another case of tail wagging the dog. Who's meant to be in charge here?