Advice needed...please

firebirdrpm

Hi

My wife obtained a parking ticket for overstaying her welcome at a local Asda. After a few letters she got so paranoid that she paid the fine which was over £100 by then to a debt collector. She then informed me of the situation and I found your website so spoke to Asda and they agreed to have the parking fine revoked and organised getting a refund for me. However, when the refund arrived it was for around £54. Around half the amount paid. I subsequently entered into correspondence with the parking company and found them to be ignorant and arrogant in their responses (if they responded at all). I didn't cash the initial cheque and as 6 months passed, chased them again. They eventually sent a new cheque after threats of small claim action and informed me that if I want the rest, I will have to contact the debt collectors. This after 9 months of corresponding with them! Anyway, I have gone back to them and informed them that I will not be chasing another company for my refund as Asda informed me to contact them which I have done. Their latest response apart from showing their ignorance surpasses their intelligence suggests that chasing them for the remaining funds will be futile.
Due to the lack of faith I have in their dealings with this matter, I am quite happy to submit a small claim to the courts, however, I just want to know if I am correct in doing so. Although it's not a lot, I don't really have the money to throw away at court action.

Any advice you can give would be appreciated.

Thanks

Half_way

subsequently entered into correspondence with the parking company and found them to be ignorant and arrogant in their responses

Is that all, no surprises there.

Ok, The Parking company are agents acting for and on behalf of ASDA, and as such ASDA are responsible for the actions of their agents ( the parking company) when these parking tickets are dealt with correctly they always cancelled, as far as i know the killer phrase is "not a genuine pre estiamte of loss" (GPEOL) which wins 100% of the time.

With the overwhelming amount of GPEOL cases ( if not all ) being lost by the parking company's acting as agents to the likes of ASDA And the fact that the parking companies are carrying on regardless then as ASDA are liable for the actions of their agents then it could possibly be argued that ASDA are negligent in allowing this to continue.

I know thats a little bit of a ramble, and could probably be tidied up a little

Any one else got any thoughts on this?

Coupon-mad

Smart Parking? I hope your wife knows not to pay this rubbish again.

I think if you issue a Letter before Claim (Google how to write one) to Asda Head Office and to Smart Parking as 'jointly and severally liable' for the outstanding amount, that Asda will refund you the difference. You can argue that the verbal promise to refund the charge has been breached. Tell them you will issue a MCOL for £100 - or more if you fancy a punt - which covers the outstanding amount plus your time at the court rate of £18 per hour and interest at the court rate of 8% per annum (since the date she made the mistake...of paying them). Plus tell them about the court fee (check it on MCOL, might be £35 ish - which they will also be liable for, plus a hearing/allocation fee if the case proceeds without them settling first. Give them a reasonable time to respond (see the guidance on the HM Courts website or which, or I suspect in some article here on MSE)!

Was there a reason for the overstay that's covered by the Equality Act 2010 by the way? Pregancy, or breastfeeding/disabled/elderly passenger?