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Smart Parking Charge Notice at ASDA

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  • Coupon-mad
    Coupon-mad Posts: 152,371 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    smcreds wrote: »
    Filling the POPLA form now. Ill let you know when I get an update.
    Cheers
    It's not 'filling in a form' it's completing a POPLA appeal online with more than just a few lines on a form. It involved appealing with the full version of one of our 'How to win at POPLA' examples, tweaked to suit. If there's not a Smart Parking example I would say the nearest POPLA appeal template is the Civil Enforcement one, as Smart haven't sent you a compliant NTK within 15 days (just like Civil Enforcement).
    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
  • smcreds
    smcreds Posts: 18 Forumite
    edited 17 December 2014 at 10:01PM
    Yes your correct there was lots of info from the templates. The part that stood out for me were about the ANPR only showing an entry and exit and not any parking or maybe multiple entries exits.
    Thank you all for all your help. Greatly appreciated.
  • smcreds
    smcreds Posts: 18 Forumite
    Hi everyone just a quick update. I know its been a while but I got a reply from POPLA today and I (we) won. Thank you to everyone on here who helped and to the brilliant advice available on here. Here is what was put at the bottom of the email.

    Reasons for the Assessor’s Determination

    The Appellant was issued with a parking charge notice for breaching the terms and conditions of the parking site.

    It is the Appellant’s case that the parking charge notice was issued incorrectly.

    The Operator has indicated that they no longer wish to pursue the parking charge. The Operator has not produced a copy of the parking charge notice, nor any evidence to show a breach of the conditions of parking occurred, nor any evidence that shows what the conditions of parking, in fact, were.

    Accordingly I have no option but to allow the appeal.

    Farah Ahmad

    Assessor

    again thanks everyone
  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Well done smcreds, good result.

    A case of Smart being 'smart' and pulling out before POPLA kicked them out. Not sure if they get to save their £27 by dropping out at this later stage. Normally they're up and away as soon as they get the forum initial appeal, definitely then saving their dosh!
    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
  • Ralph-y
    Ralph-y Posts: 4,706 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    did you send off the letters/emails to Asda?

    Did they reply?

    regardless, you should now send further saying that you and your family and friends will not shop with Asda as they do not want this form of aggravation.

    Please do this........ don't be one of the posters that takes advice / help but then puts nothing back......... your letter may well help stopping another Asda shopper going through what you have.

    Ralph:cool:
  • Half_way
    Half_way Posts: 7,478 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Send asda a personal charge notice, and demand they refund you for your wasted time and expenses.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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