First Appeal to 'Smart Parking Ltd' - Asda

bulletproof-

Hi one and all,

Firstly, a massive thank-you to all that have contributed to opening my eyes to this scam that has cost me dearly since I owned a car!

I have read through the following:

**NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!

I am about to appeal online to SP Ltd and would like a second opinion on my draft.
I have not contacted Asda directly, but will be writing to the Manager of the store and maybe emailing the CEO regarding my dissatisfaction, after I have swatted away the PPC.

NB:
- I parked, but used only the cash machine at Asda (can provide proof through bank statement).
- Did later purchase an item with said cash, but no receipt/s.
- I am a regular shopper at Asda.

Thanks in advance,

Bulletproof-

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Dear Smart Parking,

As the registered keeper of (*****) I'm in receipt of your parking invoice ******** dated *****. 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.
4) The driver is a regular customer of ‘ASDA STORE **LOCATION**' and used the facilities on the day in question.

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 upon 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.

Please issue your cancellation within 35 days of this letter, or forward a POPLA verification code.

Faithfully,

Bulletproof-

ColliesCarer

Glad you found the stickies info helpful. Am assuming this is in response to a postal
notice - If so that looks fine to me for a 1st appeal but wait to get views from other forum members too.
More heads are better than one

da_rule

Looks good. Will probably be rejected but should get you your POPLA code.

bulletproof-

ColliesCarer wrote: »

Glad you found the stickies info helpful.
That looks fine to me for a 1st appeal but wait to get views from other forum members too.
More heads are better than one

Thanks ColliesCarer!

I shall await the general consensus before diving in head first.

Bulletproof-

bulletproof-

da_rule wrote: »

Looks good. Will probably be rejected but should get you your POPLA code.

Thanks for the response da_rule.
Taken aboard and ready for POPLA.

Stroma

That's one of my old template letters, it's fine as is, but you may want to consider sending a much stronger first appeal on this thread, it has elements of the above but it is a lot more involved.

You'll find the wording in the first post

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

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Stroma wrote: »

That's one of my old template letters, it's fine as is, but you may want to consider sending a much stronger first appeal on this thread, it has elements of the above but it is a lot more involved.

You'll find the wording in the first post

More like this? (omitted my half after the numbering for the latter of the version linked above).

Thanks in advance Stroma.

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Dear Smart Parking,

As the registered keeper of (*****) I'm in receipt of your parking invoice ******** dated *****. 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.
4) The driver is a regular customer of ‘ASDA STORE **LOCATION**' and used the facilities on the day in question.

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

(c) If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs 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 and legal fees as well as liquidated damages for distress arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Faithfully,

bulletproof-

Stroma

Yep that will be fine

bulletproof-

Stroma wrote: »

Yep that will be fine

Brilliant thanks!

Is sending this via the appeal section on their website fine?
Or am I best to do this via post?

Stroma

I would do both if it was me, get a free proof of postage from the post office though.

Umkomaas

Smart have occasionally, of late, caved in on receipt of a strong initial appeal, so possibly this might do the job with little further effort. The worst that can happen is you get a POPLA code, after which you will win by using the NEWBIES sticky POPLA template (to include - no GPEOL, unclear signage, no locus standi).

To be fair to SP, they don't seem to play silly games like trying to Phillybuster the timescale or instructing debt collectors before the appeals' process is exhausted.