Smart Parking (Asda) fine

thedesigner_2

Hi there,

I would really appreciate some help on this.

I purchased a car park ticket in Asda and then displayed it on my car. The ticket officer just so happened to pass at the time of me doing so. I then had to get something out of the back of the car and whilst doing this the wind had blown my ticket off the dashboard but face up on my seat. Anyway, after an hour or so I came back to discover what had happened and a parking ticket slapped on my windscreen which I was extremely annoyed about. I understand that I am responsible for ensuring it stays on the dashboard however I feel that the ticket officer deliberately took advantage of the situation.

I've researched similar threads and everyone seems to be saying to NOT pay regardless of the situation. However some say ignore it and any letters they post (with the fine increasing) whereas others say to appeal to the charge, even though they will reject your appeal but then make sure you get a POPLA number to independently appeal?

If I should appeal can someone tell me exactly what I should say, and what information I should give to them?

In advance I thank anyone who has taken the time to help me with this. All advice is welcome.

Redx

read this https://forums.moneysavingexpert.com/discussion/4816822 , especially for england and wales , tells you everything you need to know including appealing

also read this flowchart in post #9 too https://forums.moneysavingexpert.com/discussion/4922055

its not a fine , its a parking charge invoice

trisontana

Some small corrections here. It's not a fine, and he wasn't a "ticket officer" he was just someone employed by the parking company to issue these fake fines.

ColliesCarer

Assuming this happened in England or Wales and you live there too - then as you got a windscreen ticket - don't do anything for the moment, wait for a postal notice to arrive - shouldn't arrive any earlier than 29 days from the alleged event. In the mean time gen up on what to then do.

The advice to appeal it is correct - ignoring it could lead to court papers being issued and although Smart Parking don't tend to sue at the moment, that could change at any time and they have 6 years to pursue you if they choose to do so.
But don't worry - it's not difficult to appeal, 1st to the parking company who will in all likelihood reject it and give you a POPLA code so you can submit an appeal to them - this forum has an excellent record at helping people win at POPLA.
Read the sticky NEWBIES thread (EDITED Insertion - link provided by Redx above) for all the information you need, including template 1st appeal to the parking company, to find out how to appeal and what the appeal legal arguments to include are.

thedesigner_2

Thanks everyone, very helpful information and links. I'm going to wait for the NtK letter to arrive in the post and then appeal to smart parking. In the meantime should I appeal to Asda with evidence of reciepts for store purchases and parking before the letter comes?

Redx

yes you should, the sooner its cancelled the better , but dont tell the store who was driving (or anyone else) - complain as the customer , not the driver

but also wait for the NTK before appealing as RK as well, do both as and when necessary

ColliesCarer

Quick correction to my post #4 and an update for you
I understand that actually Smart often cancel when faced with a well constructed 1st appeal so you may not even have to do a POPLA appeal.

See this link from another Smart poster and the comments from Coupon-Mad
https://forums.moneysavingexpert.com/discussion/4928369

st999

I would write to Asda's head office stating that you had a parking ticket on display and you were still issued with a parking notice and you want the charge cancelled.


Does it actually state that the parking ticket must be stuck to the windscreen or just on display?

Coupon-mad

ColliesCarer wrote: »

Quick correction to my post #4 and an update for you
I understand that actually Smart often cancel when faced with a well constructed 1st appeal so you may not even have to do a POPLA appeal.

See this link from another Smart poster and the comments from Coupon-Mad
https://forums.moneysavingexpert.com/discussion/4928369

Yep I have noticed from lots of threads that they cancel quickly - they did so when I sent an online appeal for a friend before Christmas which mentioned the usual appeal points. I have since noticed from every thread about Smart that they drop these VERY quickly and they don't bother with POPLA when they see a forum appeal.

thedesigner_2

st999 wrote: »

I would write to Asda's head office stating that you had a parking ticket on display and you were still issued with a parking notice and you want the charge cancelled.


Does it actually state that the parking ticket must be stuck to the windscreen or just on display?

Not sure if it says about where exactly to place the ticket. They certainly weren't adhesive or I wouldn't be in this mess! As a side note I think smart parking take photographs when issuing notices as other threads have mentioned them (meaning they would see no ticket displayed on dashboard).

If I send this to HO do you think it sounds all right, or should I explain that the ticket blew off?

Dear Sir/Madam

I had a parking ticket on display and I was still issued with a parking notice and I want the charge cancelled.

I’m a regular paying customer at your Asda stores and am very disappointed by this. I have store and parking receipts from the day.

Thank you in advance.

Redx

just send it as is , no mention of what happened with any ticket, dont give them any ammunition !

attach scans of any store receipts, the ticket and any other recent tickets or redacted bank statements that prove patronage

you should also complain that legitimate customers should not be treated in this manner too