Smart parking, Asda car park fee?

Ragtimeplayer

Hi, just got home and found a parking charge from smart parking, saying I overstayed by 21 minutes at an Asda carpark in Yorkshire a few days ago.

Can I appeal this or should I just pay the charge of £40?

Redx

appeal , then popla

https://forums.moneysavingexpert.com/discussion/4816822

Coupon-mad

Ragtimeplayer wrote: »

Hi, just got home and found a parking charge from smart parking, saying I overstayed by 21 minutes at an Asda carpark in Yorkshire a few days ago.

Can I appeal this or should I just pay the charge of £40?

LOL! Why would you consider paying, this isn't a real PCN?! The advice you will have seen in that NEWBIES sticky tells you how to successfully appeal on 'no GPEOL' and 'no contract' etc. Can be done online in minutes, and we find Smart usually cancel early when they see a forum-helped appeal wording.

Also there's another sticky thread called 'Successful complaints about PPCs' that you can look at to see in post #2 of it, all the dozen or so Asda complaints where the Store manager has simply cancelled the fake PCN when the customer calls in to make their feelings known about being 'fined' for shopping!

Ragtimeplayer

Hi Coupon mad, long time no see!
I went into Asda yesterday and had a right old ding dong with a section manager who insisted she could not cancel it then changed it to she could cancel it if I had a blue badge, make your mind up!
I asked her to phone the regional manager and she allegedly did and said he supported her decision, hmmm.

I am now going to search the forum to make my online appeal to Smart parking.

Ragtimeplayer

Going to lodge my appeal to Smart parking.

Using the template that others have used successfully before.
Could someone advise if I need to add anything else?


Dear Smart Parking,

As the registered keeper of xxxx I am in receipt of your parking invoice Txxx dated xxxx I wish to invoke your appeals process as all liability to your company is denied on the following:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with the BPA Code of Practice
3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass

These points and others will be raised with POPLA should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.

If you do reject the challenge and insist on taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

Any communication that does not either confirm cancellation or include a POPLA verification code shall be reported to the BPA as a breach of their Code of Practice - the BPA recently issued guidance to all members to remind them of this fact. Such communication may also be deemed harassment and pursued accordingly.

Yours Faithfully etc

The_Deep

If you do reject the challenge and insist on taking the matter further I must inform you that I may claim my expenses from you.


All these threats to claim expenses, has anyone ever been re-imbursed?

Ragtimeplayer

I have decided to email the Ceo of Asda before appealing at Smart Parking. I have sent that off today. Does anyone know how long it normally takes them to reply?

Nodding_Donkey

The_Deep wrote: »

If you do reject the challenge and insist on taking the matter further I must inform you that I may claim my expenses from you.


All these threats to claim expenses, has anyone ever been re-imbursed?

This one did http://parking-prankster.blogspot.co.uk/2013/10/parking-company-pay-motorists-pcn.html

bod1467

As I recall, this was the event that prompted the inclusion of the paragraph in the PPC appeal template.

Ragtimeplayer

Had an email back from the CEO refusing to cancel the ticket. Have to go down the appeal route now.

Half_way

You could try ASDA again with a variation of the letter to the parking company.
You need to remember that ASDA are the ones in charge here, the parking company are nothing but agents acting for and on behalf of ASDA and as such asda are responsible for their agents actions.

******

Dear Asda...

As the registered keeper of xxxx I am in receipt of A Parking invoice issued by your agenst, Smart parking ( invoice Txxx dated xxxx ) I Shall Not be paying this spurious charge and i am now telling you that you must instruct your agents Smart parking for whos actions you are liable for, to cease and desist from pursuing this unlawful penalty immediately.
I would also like to remind you that this charge is nothing short of a penalty charge, of which neither you nor your agents who are acting on your behalf have any right to make.

Also:
1) The amount being claimed is not a genuine pre-estimate of loss, and is therefore an unlawful penalty

2) Your Agents signage does not comply with the BPA Code of Practice.


If you continue to allow your agents, Smart parking to pursue this matter, to POPLA I must inform you that I may claim my expenses from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to allow your agents Smart parking to pursue me you agree to pay these costs when I prevail.

Any communication from your agents, smart parking that does not either confirm cancellation or include a POPLA verification code shall be reported to the BPA as a breach of their Code of Practice - the BPA recently issued guidance to all members to remind them of this fact. Such communication may also be deemed harassment by yourselves ( as you are responsible for the actions of your agents ) and pursued accordingly.
Therefore this unlawful charge must now be cancelled.
furthermore I would also like to receive re-assurances that this will never happen again, and you will be taking firm action against your agents smart parking to prevent them issuing unlawful penalty charges at this ASDA site ( and others ) in the future

Yours Faithfully etc