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ASDA Smart Parking Ticket: Appeal or not?

Hello MSE


I received a parking ticket from Smart Parking for parking in ASDA Sutton in Ashfield. Fact is I am not from around here and not a regular ASDA shopper so I had no idea that PAYING customers at ASDA need to go through the pain of having coins to pay for a parking ticket and get it refunded on exit.


Their signs state a payment of £1 for 2 hours which I did not see when I parked the car because where I parked, the board was facing the opposite side. I went in did a jolly shop for £50 and came home with a PCN.


Question is, whether to appeal this? If so how- (smartparking.com website doesn't even recognise my PCN just yet) andwhat would be the proper wording for this? I have checked the regular FAQ template but would anything change in my case? (note: I do have the vaild receipt for shopping at ASDA) . OR ignore it all and relax.


Thanks
«1

Comments

  • Hot_Bring
    Hot_Bring Posts: 1,596 Forumite
    Don't ignore - appeal to not-so-Smart Parking and also create merry hell with Asda.

    Note - Asda may well lie that they have no authority in this - they do so make sure you DEMAND they cancel the charge - don't ask.
    "The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis." - Dante Alighieri
  • Umkomaas
    Umkomaas Posts: 43,480 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I went in did a jolly shop for £50 and came home with a PCN.

    Do you mean this literally, a ticket on your windscreen? Or a letter through the post (ANPR camera capture)?

    Different starting points for action on above.
    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
  • smod
    smod Posts: 12 Forumite
    Thank you for your prompt replies.


    @Umkomaas: It is a ticket on the windscreen


    Thanks
  • ColliesCarer
    ColliesCarer Posts: 1,593 Forumite
    edited 3 April 2014 at 6:26PM
    As you got a windscreen ticket it's usually better, unless you were in a lease/hire car, waiting for the notice to keeper to arrive (should come between 29 - 56 days after the alleged event)

    and take a look at the flow chart (scroll down to bottom of thread for most recent version)

    https://forums.moneysavingexpert.com/discussion/4922055

    keep your receipt
    you can also add a genuine customer point to the template 1st appeal letter
  • smod
    smod Posts: 12 Forumite
    Thank you :) Will wait for the notice to keeper to arrive.
  • ColliesCarer
    ColliesCarer Posts: 1,593 Forumite
    In the interim it's worth doing as Hot Bring advised in post #2 - retailers can get these cancelled - but if you approach them do so as the reg keeper - "The driver was a genuine customer ......"
  • Umkomaas
    Umkomaas Posts: 43,480 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 April 2014 at 9:32PM
    Thanks for confirmation OP. Use the time available (NtK should arrive from day 29 to day 56 after the parking incident) to get yourself up to speed with POPLA appeals. The more you get to know and understand, the more confident you will feel and the better you will deal with this.

    Follow forum guidelines and templates on developing your appeal and you're virtually guaranteed to kick this PCN into the long grass.

    To be honest, to date, Smart have been anything but that which their title suggests. A pretty benign operator compared to the others in the vortex of vultures.
    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
  • Coupon-mad
    Coupon-mad Posts: 153,287 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    In the interim it's worth doing as Hot Bring advised in post #2 - retailers can get these cancelled - but if you approach them do so as the reg keeper - "The driver was a genuine customer ......"

    Of course do this and get it cancelled, as you say 'I do have the valid receipt for shopping at ASDA'. There's a whole sticky thread called 'Successful complaints about PPCs' linked in Crabman's 'parking stickies' thread at the top of the forum, showing over a dozen cases cancelled by Asda complaints to Store managers or Head Office.
    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
  • smod
    smod Posts: 12 Forumite
    edited 20 May 2014 at 1:46PM
    I got a reply from ASDA rejecting my appeal on the basis 'There are plenty of signs around the car park...'


    I have received a letter by post from Smart Parking stating the PCN and calling itself a reminder to pay with information on payment and how to appeal.


    Is the right plan of action now to appeal as suggested by ColliesCarer? Note, there is no ANPR capture, only a letter.


    EDIT:: The capture evidence (from a digi cam) is on their website linked to the PCN. I have appealed using the wording in the sticky thread and carefully added point stating :


    The user of the parking space was a genuine asda customer having spent (approx.) £50 in the store; to whom the signage was not clear about genuine customer land usage
  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    Does the letter mention appeals? If so, send off the first appeal template from the Newbies sticky thread.

    As the original ticket was attached to the windscreen they may not operate ANPR at this car park (old school method with a car park attendant walking around and listing car registration numbers).
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