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PCN - I have appealed but have I made a mistake

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Redx I hold my hands up you are correct I should and will read up on the BB.

    I will also take your advice and phone the store and inform as you say that they are breaking the EA 2010 act and ask them to cancel the ticket

    i will let the forum know how I get on

    thanks


    no problem, this last reply makes me think you have now understood the problems and are grasping the nettle in the correct manner , dont take no for an answer, if the store wont help, complain to the ceo direct

    in this case is more to do with the EA 2010 than any parking ticket , the fact is they should not be pursuing disabled people , people with a protected characteristic under the EA 2010 , never mind ones displaying a BB - never mind their petty rules

    they are in business to sell as a retailer , which also means complying with various laws , yours being one example of this , which is why I was keen to put this across
  • mcdermott_c
    mcdermott_c Posts: 115 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    thanks Collie I will come back when they reject the appeal and get advice on a good POPLA appeal.

    Redx - I also appreciate your advice and will in the meantime go down the EA 2010 route and hopefully can get the charge cancelled in the first instance

    thanks everyone for the fantastic advice
  • mcdermott_c
    mcdermott_c Posts: 115 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Just a quick update....

    following the advice from redx & collies I read the information on this forum and armed myself for battle ! I phoned up the Asda store and after 5 attempts at getting through to the manager (that's another story regarding customer service lol) I finally got through ready to give him my well prepared argument quoting EA 2010 etc, I explained what happened and waited for the rebuff only to be told by the manager "that's fine we will just cancel it".

    I am clearly happy but also a bit disappointed that my battle ended up being a bit of a damp squib (is it ok to feel like this haha)

    My advice for anyone who is in this position - phone the store first and see what they say !

    Thank you to all the people who replied with advice your doing a great service !
  • hoohoo
    hoohoo Posts: 1,717 Forumite
    Thats an excellent result with no damp squibness!

    Follow up in a week to check the charge is cancelled. Sometimes the stores say they will cancel, then 'forget'.

    If they didnt cancel, use the POPLA code when you get it. And write t othe manager.

    Dear X,
    I refer to our phone conversation on y, when you stated you will cancel the parking charge. The parking company do not appear to have cancelled the charge yet. Please confirm that you have contacted them and the charge is now cancelled.
    Dedicated to driving up standards in parking
  • Umkomaas
    Umkomaas Posts: 43,480 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    In more general terms Smart seem to cancel PCNs when an appeal based on forum advice is submitted; perhaps they are trying to live up to their name in this regard.

    Not sure about others, but the Smart signs more recently erected in Asda car parks seem less confrontational than other PPCs' signs in other car parks. Maybe Asda has become sensitive to the number of complaints and asked Smart to ease back a bit? Smart perhaps happy that those who believe their PCNs carry some 'authority' submissively stump up with no fight, no forum advice, no appeal, no POPLA - the only thing for Smart to deal with is cashing their cheque!
    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
  • mcdermott_c
    mcdermott_c Posts: 115 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    good advice thanks hoohoo

    Ill let you know how it all finishes but hopefully that is it concluded.

    thanks again for everyones help and advice
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