Help Rejecting a £40 parking charge in Asda

FallingOutWithAsda

It was in Wales so PoFA applies. I know its a bit different in Scotland and Northern Ireland

FatAndy

FallingOutWithAsda wrote: »

Okay, I'll let you know how I get on. I'll put dates etc in my appeal to see if it makes any difference

It's unlikely anyone at Not-so-Smart will ever read your appeal but you never know. If I had to bet the mortgage I'd go with "reject", but as long as you get your POPLA code the outcome will be the same.

Coupon-mad

kirkbyinfurnesslad wrote: »

in that case read this
https://forums.moneysavingexpert.com/discussion/4816822

Dont worry about how you word your appeal, as if they reject you can with our help win @ Popla and that will end it for you.

Have you read this one yet, and the 'successful complaints' sticky too? It's already all covered so many times.

FallingOutWithAsda

Before I appeal can you just tell me if I've got these dates/timeline correct?
Day Date Info
0 25/11/2013 Parking
1 26/11/2013
2 27/11/2013
3 28/11/2013
4 29/11/2013
5 30/11/2013
6 01/12/2013
7 02/12/2013
8 03/12/2013
9 04/12/2013
10 05/12/2013
11 06/12/2013 Pcn Letter dated
12 07/12/2013 SATURDAY
13 08/12/2013 SUNDAY
14 09/12/2013 1working day after letter sent AND 14 DAY DEADLINE
15 10/12/2013 2 WORKING DAYS AFTER LETTER DATED AND PCN received TOO LATE??

Umkomaas

Is the envelope date stamped? Was it first class mail? Mail is assumed to have been delivered 2 days after posting unless proved otherwise.

Deadline for delivery of NtK is 14 days (working or otherwise) after date of the event. Whilst you might argue the technicality, the chances of getting anyone else (POPLA or in extremis a Judge) to give it much credence are pretty remote and would take a great deal of effort to make a sufficiently persuasive case. There are many and better points of appeal.

In terms if this first appeal to Smart, you could try to hit them with the date issue, with appropriate references to PoFA 2012, just to 'exercise' them a bit, but long term, as I said there are far better points of appeal like signage, GPEOL, proprietary interest in the land, contract with landowner etc.

HTH

kirkbyinfurnesslad_2

You dont really need to worry about the dates in your soft appeal .

So forget about them and just do a simple appeal

nigelbb

It's only worth arguing the toss about an NTK being delivered one day late if the keeper was not the driver & can prove it.

FallingOutWithAsda

Result! The pcn has been cancelled!!
Thank you for all your help and advice.
For info this is my appeal letter:
Dear Sir or Madam,
Invoice number:
Vehicle registration number:
With reference to the invoice XXXXXXXX, dated XXXXXXX. I am the registered keeper and I deny all liability for this charge on the following points:
1. The invoice is not a genuine pre-estimate of loss.
2. An invoice at a rate of £280 per hour for a car park where the charge is £0 per hour is outrageous.
3. You did not provide information on what the maximum stay at the car park was/is
4. The images sent are of poor quality and are grainy
5. The images do not show a parked car
6. You do not inform me of the “reasonable cause” with which you requested the keepers details from the DVLA
7. The signage is unclear and not compliant with the BPA Code of Practice
8. You do not have authority or contract to issue these invoices
9. You failed to give me notice within the relevant period
10. You have failed to give notice that is compliant with PoFA 2012.
For information on point 9 (above) I have included this timeline to highlight your error.
Day Date Information
0 25/11/2013 Parking
11 06/12/2013 PCN Letter dated (I have no idea when it was sent)
12 07/12/2013 SATURDAY
13 08/12/2013 SUNDAY
14 09/12/2013 14 day delaine 1 work day after pcn letter dated
15 10/12/2013 2 WORKING DAYS AFTER LETTER DATED AND PCN received. This falls outside the relevant period according to PoFA2012 and the BPA code of practice.

I require that you immediately cancel this invoice. If you reject this challenge, please forward a POPLA verification code to appeal to them independently. As you are aware Popla always uphold appeals on the above.

Hot_Bring

Well done. I have to say I'm rather surprised Smart Parking folded so easily.

Coupon-mad

When I sent a soft appeal to Smart they also capitulated. Well done to the OP!