Smart Parking Charge Notice at ASDA

smcreds

Hi guys let me tell you the background.
I shopped in ASDA in Arnold,Nottingham. I only stayed in ASDA and spent lots of money on goods and used the photo printing machines. This was on the 10/11/14, About a week ago I received the Smart Parking notice charge for over staying my time limit.
There was no ticket on the car when I left. I only received a letter with my car pic (which has since been scrapped) about a week ago. As this was so long ago I dont have receipts from that trip either to take into store.

I have read all the threads on here about this company and the consensus seems to be DO NOT PAY I want a fancy letter to email, with big words and lots of good points etc to let them know I wont be bullied.
A template or something similar.

Any help please.

Thanks so much.

Thanks

tykesi

Must be blind then.

Try the Newbies thread which you obviously missed when you were apparently reading all these threads.

smcreds

I found one on the newbies stickies thread. Might not be enough but its a good start.

smcreds

tykesi wrote: »

Must be blind then.

Try the Newbies thread which you obviously missed when you were apparently reading all these threads.

Sorry for not being a wiz like you. Apparently the views really good on that high horse.

Umkomaas

It's more than enough. But let us see your version, just in case you drop yourself in it, in your attempt at gung-ho.

smcreds

I sent it through their own website but it went like this

Date 6/12/14


Dear Sirs

Re: PCN No. ...00000.................

I challenge this 'PCN' as keeper of the car (which has since been scrapped) on these main grounds:

a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is a disguised penalty and not commercially justified.
b). As keeper I believe that the signs were not seen, the wording is ambiguous and the predominant purpose of your business model is intended to be a deterrent.
c). There is no evidence that you have any proprietary interest in the land.
d). Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations.
e). There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.
f). This is not a 'parking ticket' - it is an unsolicited invoice.

Your clients should be thoroughly ashamed of the shoddy way you treat consumers visiting their premises. ASDA as the landowner will be made fully aware of this matter and your response,which I will forward to their store manager. I will complain in writing and via social media.

Parking firms like yours fail to demonstrate even a basic understanding of customer service. The reputation of your business model appears to be more akin to a protection racket than 'parking management'. Your ATA may offer sound-bites about driving up standards or fight for motorists' rights but in reality they are not a regulator; they merely exist to represent the interests of paying members, in order to gain access to DVLA data. The public have no faith in the private parking industry and, as far as I have seen, your firm has not shown itself to be any different than the ex-clampers with whom you share a membership.

Coupon-mad

That will do. Smart are so easy to beat, you need no more than that appeal, probably. They'll cancel about a month later because they know we beat them at POPLA.

smcreds

Thank you.

Coupon-mad

Like here:

https://forums.moneysavingexpert.com/discussion/5125000

Let us know when you get the same reply, maybe after Christmas now.

smcreds

Update - I received a letter from Smart today and they are upholding the charge! I also have a popla appeal number from them.
I have read not to pay but I dont know whether to just to get them off my back.

Half_way

Have your tried a complaint to ASDA?

"Dear ASDA store manager Anold
I recently visited ( or visited on date) your store and spent X amount of time shopping there.
I was surprised to receive a parking charge notice form your agents, smart parking alleging that I owe them £amount.
The amount that your agents are demanding amounts to an unlawful penalty and does nto represent a true genuine pre-estimate of loss.
This charge notice amounts to an unlawful penalty being imposed by your agents, especially as the car park is a free car park, and I /the driver was a customer of the store, i am hereby informing you that you must cancel your agents charge notice with immediate effect.
I would like to remind you that you as principle are responsible for your agents (smart parking ) actions and should you fail to cancel the parking charge notice then I will have no other option than to consider claiming my costs from you (ASDA stores Arnold) for any expenses and additional costs that I may ruin up, this includes my time at a court recognised rate of up to £18 per hour, travel expenses, stationary costs etc that I will incurr as a result of drawing up a POPLA appeal.
I truest that you will take imediate action in result of this, and you will also take action to prevent this situation occurring again by preventing Smart parking from issuing what amounts to unlawful charges on your land