Smart Parking Asda Fine....Help!

Kitty777

Hello everyone

First of all, I want to say I have read loads of threads already on this and thank you all for your advice.

I have been issued with a PCN from smart parking, for overstaying at an Asda. I was so close to paying it, but my internet went down and I am so glad it did lol!

Before I read the threads on here, I sent a letter or appeal (although not a good one) explaining I was a genuine customer and also wrote to Asda themselves.

I sent my letter signed for, and it got there Monday (I have proof of the signature on the royal mail site) but no reply as of yet.

Their first letter states that the offence was commited at my time of entry of the carpark...but surely this is wrong? It should be the second after the 2 hour limit?

Does anyone have any advice on what to do next?

Thank you

pogofish

Just wait for the rejection and then you do a winning POPLA appeal using the various points in the Newbies Sticky - Read it carefully before you do anything else.

You individual circumstances mean next to nothing to a PPC/POPLA. Its the proven winners in the Sticky you need to concentrate on.

Kitty777

What happens if they do not reply?

Kitty777

I cannot find an exact appeal letter to use, sorry ><

Would the first one, from the first sticky thread be okay? Will adapt it in word ready for when the rejection comes.

Fruitcake

Kitty777 wrote: »

What happens if they do not reply?

You do nothing except keep your proof that the PPC received your first appeal, along with your own copy of the appeal and any proof of shopping at ASDA. A redacted bank or credit card statement will do if you don't have the receipt.



If you get a late reply that is non compliant you include that as one of the points in your PoPLA appeal.

Fruitcake

Kitty777 wrote: »

I cannot find an exact appeal letter to use, sorry ><

Would the first one, from the first sticky thread be okay? Will adapt it in word ready for when the rejection comes.

Find one that is nearest to your situation, ideally another not-so-smart parking if there is one, but a modified version of a different PPC will do as long as you edit it to suit your needs.
When you have the appeal ready, post it up here with any identifying information redacted so the experts on here can give it the once over.


Hopefully you know not to contact the PPC (assuming you didn't reveal who was driving in your original letter) until you get the rejection letter with a PoPLA code.

Kitty777

I paid in cash, and do not have any proof that I bought something from there. Also I looked around the other shops near Asda (they have the same car park entrance and that is where the camera must be.).

I have read many times that Smart Parking do not take court action..so do I have nothing to worry about?

I am annoyed, because i have overstayed here before...and on telling my Dad he said he has too...and no fine that time!!

Fruitcake

Not having proof of a purchase is not a major problem. Complain to ASDA anyway and TELL them to cancel the ticket. They will probably tell you they can't do anything about it but a long and loud complaint in a busy supermarket may alert other customers to the scam. If enough people complain they may eventually (flying pigs) do something about it.


One of the experts will confirm whether smart parking do court, but don't rely on this. Be prepared to appeal to PoPLA anyway.


One of the ways to do this is to go back and take pictures of the signs as most PPCs use non compliant signage. This would be one of your appeal points. By appealing you will cost smartless parking 27 quid plus VaT so it is always worth doing.

Kitty777

I have decided to use this template, with the bit below added...

Dear xxxxxxxx

re PCN number xxxxxxx
I have received your parking invoice impersonating a 'parking ticket' and will be complaining in the strongest terms to your client. No doubt you convinced them that your operation is some sort of 'parking space maximisation scheme' when it is nothing of the sort and is simply there to maximise your own profits.

I decline your invitation to pay or name the driver, neither of which are required of me as the keeper of the vehicle. This is my appeal and all liability to your company is denied on the following basis:
A The amount is neither a genuine tariff/fee for parking, nor is it based upon any genuine pre-estimate of loss.
B You are not the landowner and do not have locus standi.
C Your signage was not sufficiently prominent nor clearly worded and consideration did not flow from both parties, so there was no contract.

If you choose not to cancel this invoice you must issue a rejection letter in reply to my appeal, explaining:
1 The legal basis of your charge (i.e. breach, trespass or contractual fee). As keeper, I cannot be expected to guess the basis of your allegation.
If you try to rely upon ParkingEye v Beavis at POPLA (DO I INCLUDE THIS BIT?), I will point out that it was a flawed decision, it is not binding, and it is set for the Court of Appeal. There is clearly no commercial justification for this punitive charge and no case law to support it.
2 Proof of your locus standi to offer contracts to drivers at this site.
3 Your explanation of the consideration that you believe flowed from the driver, and from yourselves.
4 A copy of the signage site map and close-up pictures of the signs in situ at the time, taken at a comparable time of day in similar light conditions.
5 The means to make an appeal to POPLA or the IAS.

I would also like to state that on the information provided to me, you state that the contravention time was 11.37am on the date stated. I am requesting an explanation to what contravention was exactly committed at this specific time.

---

Also, the issue date on their website is earlier than the date on their letter they sent...

I am starting to get myself more and more worked up now...:mad:

Umkomaas

This isn't a POPLA appeal, it's the initial appeal which you have already done (albeit your own version). You need to await the Smart response to your appeal already sent.

Whilst it's good that you are reading the NEWBIES sticky but you're at a stage beyond post #1; you need to read post #3 now 'How to win at POPLA'.

Kitty777

Opps okay! Thank you!!!

Can the points still be used at that appeal? Like the cost of the fine does not reflect their losses etc? Will take a look now