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PCN from "Smart Parking" @ ASDA **RESOLVED**

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shrimpboy
shrimpboy Posts: 10 Forumite
edited 2 December 2013 at 8:41PM in Parking tickets, fines & parking
Hi there,
Apologies for the post but I've read a lot of the other posts and have information overload!

I received a PCN as above in November as i didnt have a ticket on my car. I had never been there before and could see neither any signs nor any parking payment meters.

I rang the store and they basically told me to get lost and werent interested, telling me to speak to Smart Parking.

I have sent two appeals using their rubbish website but have received no response. I did not put a postal address in the appeals. The car is not actually mine either as it is a company car.

My question is, should I pay it? Part of me just says to pay it as it is a company car, but the just side of me tells me to do everything I can to not put money in these peoples pockets.

Does anyone have any advice on my specific situation? I did shop at ASDA that day and there is a two hours free period when you shop there (by redemption in ASDA).

Many thanks and sorry for the post....

E
«13

Comments

  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Okay appealing because it's a company car is the right thing to do. Did you give them your name and address? Did you admit to driving ? In regards to asda, do you have receipts ? If so demand to speak to the manager in person. If they try and fob you off with we don't own the car park they are lying!

    Smart are their national scammers! Make complaints to the head office directly if manager of the store doesn't help.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Thanks for the quick reply!

    I gave them my name but not my address. I only ever give that out when absolutely necessary and in this case I wasn't goig to make it easier for them if I did ignore it.

    I explained the circumstances under which I failed to get a ticket. I explained this to the assistant manager at the store and to their central customer care but they all basically told me to get lost.

    The 14 days in which I only have to pay £40 instead of £70 is nearly up. Can the store manager actually get this ticket cancelled or should I pay it and then complain like mad to ASDA? I dont want to end up having to pay £70.

    Thanks.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    edited 27 November 2013 at 9:30PM
    You have to give them your address otherwise they will go to the dvla and get the registered keeper details, that will either be your company or if they lease it , them ! It's likely they will pay when they see the demand. Send this to smart. Don't pay otherwise you'll never see your money again, complain to asda manager in the strongest possible terms

    Name
    Address

    Dear Smart

    I am in receipt of your notice to driver invoice xxxxxx , placed on the vehicle (reg number), as the keeper of the vehicle I wish to invoke your appeal process on the following points

    1) this is not a genuine pre-estimate of loss
    2) you do not have authority or contract to issue these invoices
    3) your signage is not compliant to the BPA Code of Practice

    So you are invited to cancel this charge, or supply a popla verification code if you reject this appeal.


    Sincerely

    The keeper
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    edited 27 November 2013 at 8:53PM
    Company car? You need to get this off the company's liability in case they pay and demand you to reimburse them.

    To do that, you need to write to ther PPC saying you were the keeper on the day and give them your address as without it, they will go after the company.

    Keep the company informed - send them a copy of your PPC letter.

    In the letter you admit to being keeper on the day, but deny liability by putting in an appeal point or two, such as signage and GPEOL. You invite the PPC to accept your appeal or send you a POPLA code. Remind them of the recent POPLA advice in their November newsletter telling PPCs that they MUST either cancel the ticket or issue a POPLA code on the first appeal.

    But do get on with it following the instructions on the NtK/PCN for acceptable communication methods for appeals.

    Edit:- Stroma just beat me to it. But make sure that the company or leasing company get a copy and I would add "This letter releases the registered keeper from any liability under POFA 2012".
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Pmsl look up guy ;)
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Stroma wrote: »

    Dear Smart

    I am in reprint of your notice to driver invoice xxxxxx , placed on the vehicle (reg number), as the keeper of the vehicle I wish to invoke your appeal process on the following points

    You been nicking my predictive text software, Stroma? ;)
  • Thanks for the replies.

    Just found out the car is registered to Lex Autolease so undoubtedly they will simply pay it.

    I will send another appeal now with the information and template there and see what happens.

    Thanks!
    :)
  • I will send this online now and post a copy registered post tomorrow, and send a copy to the registered keepr:-

    Dear Smart Parking,

    I am in receipt of your notice to driver invoice xxxxxxxxx , placed on the vehicle (xxxxxxxxx), as the keeper of the vehicle I wish to invoke your appeal process on the following points

    1) this is not a genuine pre-estimate of loss
    2) you do not have authority or contract to issue these invoices
    3) your signage is not compliant to the BPA Code of Practice

    So you are invited to cancel this charge, or supply a popla verification code if you reject this appeal.

    Please note this letter releases the registered keeper from any liability under POFA 2012

    I have also forwarded a copy of this appeal letter via registered post.

    Sincerely

    xxxxxxx
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    No don't add what guy says to smart parking, that tips them off that it's a lease company and will go to them regardless, by all means send it to the lease company though. And take the registered post stuff out, you send it with a free proof of postage from the post office
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Guys_Dad wrote: »
    You been nicking my predictive text software, Stroma? ;)

    Yeah I am :) damned phone !
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
This discussion has been closed.
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