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Smart Parking Asda fine

Dear all,

I wonder if you can help with this dilemma.

I recently shopped in Asda with my two young children. As it's quite difficult trying to juggle two young children plus shopping I often park in the parent-child spaces. On this occasion these spaces were all full (I think there are only about 10 in the whole car park!). However, there were plenty of disabled bays free next door so I parked in one of these. I appreciate that this was a mistake and I should not have done it; however, it really bugs me that there are so few of these parent-child spaces and quite often the people who park in them don't even have a child with them - I saw at least one example of this on this particular day. Upon receiving the PCN ticket I phoned the Asda store and the person I spoke to said that they were not required by law to provide p-c spaces, and they would not be able to cancel the PCN as private company.

So, the bottom line is that I feel that I should pay as ultimately my mistake but what do others think?

Comments

  • Dont pay it, dont appeal to Smart Parking at this stage. Wait for them to send you a notice to keeper.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Okay you should not use disabled bays unless you have a need for them, as in being disabled or someone in the vehicle being defined disabled as in the Equality Act 2010. So please consider the needs of people who has these needs.

    But we are not here to judge you or preach to you, but you should know that parent and kids bays are a gimmick nothing more. And we now need a few more details, so please answer the following

    1) is this England or Wales ?
    2) are you the registered keeper?
    3) was this a ticket on the car?
    4) have you made any complaints to asda?

    Thanks
    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:
  • Coupon-mad
    Coupon-mad Posts: 161,471 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I have ranted a bit about this before, I won't repeat it all again but this is my view:

    https://forums.moneysavingexpert.com/discussion/4801002

    You have no right to a Parent & Child bay, they are merely a gimmick. Of course Asda aren't required by law to 'police' them because the big retailers are the ones that made them up, to entice families to their stores.

    Parent & Child bays mean nothing; they are pure marketing trash (and I am a Mum of four children, close in age myself so am aware of how 'handy' they might be).

    Unlike disabled bays.

    On the other hand you know not to park there again, and we want you to get this fake PCN cancelled so wait for the Notice to Keeper ('owner' in Smart Parking's case I think) which will arrive in January/Feb. Then you appeal if in England/Wales. Everything is covered in the sticky threads at the top of the forum.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi all,

    Thanks for the replies. In answer to your questions...

    1) is this England or Wales ? England
    2) are you the registered keeper? My wife is
    3) was this a ticket on the car? Yes
    4) have you made any complaints to asda? Yes I phoned the store after I returned home.

    The NTK arrived in the post a few days back so I need to work out what to do in the next few days. Still tempted to pay as ultimately my own fault and as others have said I shouldn't have done it. Even if I reject their PCN and appeal what chance do I realistically have of overturning this?

    Also, does anyone know if these companies use just photo evidence or video evidence too? i.e. can they prove who was with you at the time of the incident?

    Many thanks and Happy Christmas!
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    all covered the the NEWBIES-READ THIS FIRST in the sticky thread at the top of the forum

    just go through the walkthrough and you should get it cancelled, even if its by popla

    like post #3 here https://forums.moneysavingexpert.com/discussion/4853118
  • Umkomaas
    Umkomaas Posts: 44,401 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Look, two wrongs don't make a right. Whilst you might have been 'wrong' in parking where you did (and of course, you won't be doing this again, will you?), it's no more 'wrong' than what Smart (4rse) Parking are trying to do now.

    They have no lawful right to enforce this charge; it's but a figment of the PPC mindset.

    What chances do you have of avoiding this charge?

    Do it yourself, by the looks of what you've said so far? SFA.
    Do it with our advice, can't fail.

    If you want to work with us, then, in a nutshell, here's what you need to do.

    1. As your wife is the RK, everything must be in her name (although you can do all the work)
    2. Never admit (for the time being) who the driver was
    3. Read NEWBIES thread
    4. Soft appeal to Smart
    5. Get rejection from them (with POPLA code)
    6. Draft appeal to POPLA
    7. Show us your appeal for appraisal
    8. Submit (adjusted, if necessary) appeal to POPLA
    9. Win appeal at POPLA (100% record so far)
    10. Charge dropped
    11. Get on with the rest of your life

    If you feel so abjectly guilty that you want to line pockets of and assist and fund scammers to scam and fleece further unsuspecting motorists, then send your cheque off and pay up.

    If you want to 'fight' this appalling situation, come alongside and work with us.

    Let us know how you want to proceed.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
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