Parking Fines, ASDA

Ellisdee_2

Ok, I seem to have caused myself a bit of a problem here. I was made redundant, and took a while to get myself a job. By the time I finally managed to, I was literally broke and all my debts have been mounted up.

I have so little money until I get paid, I am struggling to even buy myself food. I have to commute quite far, so most my money goes onto fuel. There's a car park nearby, but it charged £4 a day. I really cannot afford this at the moment.

I decided to trial some parking at ASDA for work hours, it says 3 hours free parking, but thought I'd do it and see if I get a ticket. Because I was under the impression all parking fines would be ticketed on your car. I didn't, and thought this was mainly because it's a huge car-park and never even half-full. I have parked there for about 10 days. I am in a hire car, because some woman crashed into my car about 2 months ago and it has taken a while to get sorted.

Problem is, this morning I got a voicemail from my hire company. They said they have received a £40 parking fine for the 1st, 2nd, 3rd and 4th of April. Problem is I also parked there on the 5th, 7th, 8th, 9th and 10th! So I'm sure they'll get these tickets through, but haven't arrived yet. I know this is incredibly stupid but I have never received a parking ticket where it isn't issued on your car. These are all £40 fines, and the hire company have sent me a letter that they charge £50 for each parking fine, as an admin fee!!!

Is there anything I can do? Can someone please recommend me some options here or am I completely screwed?

Stroma

Yes tell the hire company to take a hike, they are meant to pass on your details to the parking company as agreed by the bvrla their trade body, the fact is it probably not in their terms and conditions to charge for this, please dig out your agreement and look under parking tickets or similar. These are not fines or penalties.

As for the parking company, is it Smart? Have you appealed each one? If not do that using the sticky thread by coupon mad, you will find the wording in post one, just change registered keeper to keeper in each letter. And finally find somewhere else to park.

Coupon-mad

Agreed, tell the Hire company that Smart Parking do NOT use a Notice to Owner which is in any way compliant with the Protection of Freedoms Act 2012 and as such, the liability only lies with you, the driver. As the keeper/owner they are NOT liable in spite of the POFA 2012, because this isn't such a ticket at all. Ask them to look at the Notices and tell you where they see the POFA2012 mentioned? It doesn't, so this is simply your liability NOT theirs.

So, they should simply gather the letters together and either do one letter of reply to Smart, to name you as the driver (giving your name and postal address) OR they should simply gather all the letters and post them to you to appeal, or email you a simple list of the 'PCN numbers', to enable you to appeal to ALL.

As such you will then reimburse them the cost of that admin - the fact they've handled the letters and replied once - which is certainly not £50 even for one ticket! Tell them this is NOT a PCN as such and in fact the BVRLA (their Trade body) and the BPA (Smart's Trade body) signed a Memorandum of Understanding about this matter which they need to read to understand the issue. They simply need to write once to name you as driver as long as they put all the PCN numbers in the one letter of course. Anything else would not be mitigating the costs involved which they have a duty to do for any consumer, and to try to claim £50 per ticket would be a penalty and unacceptable.

Tell your card provider (if they have your debit/credit card details) that you do NOT authorise a deduction from your card from the hire co at all and that you revoke any authority for payments from now on. Tell the card co. that the hire firm are talking about making a debit against your card which is not only outwith the hire terms but also a penalty in its own right so you utterly dispute it.

DO NOT DELAY AND DO NOT DO HALF OF THIS ADVICE. DO ALL OF IT.