Smart Parking @ Asda, Newquay

ami66

Received a PCN for overstaying at the free Asda car park in Newquay from Smart Parking.

Followed the advice in the newbie sticky and appealed as follows -

• There was insufficient signage

The car park in question has no clear signage to explain what the relevant parking restrictions are. This means no contract can be formed with the landowner and all tickets are issued illegally.

• The charge is disproportionate and not commercially justifiable

The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner.

According to the Unfair Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case, the £40 charge you are asking for far exceeds the cost to the landowner as the car park in question is exempt from parking charges.


The PCN has been upheld by Smart Parking on the basis -


There are 13 signs which advise of maximum stay period of 2 hours. There is an entrance sign which inform the motorist of these terms and conditions before they enter the car park. It is the responsibility of the motorist to ensure they observe signage and to park in accordance with the advertised terms and conditions.

As stated on the signs in the car park there is a maximum stay period, This is in place to prevent overstays in the car park by non-customers which reduces the number of bays for genuine customers. Your vehicle entered at 15:49 and exited at 18:13 which is 2 hours and 24 minutes which is over the maximum time of 2 hours. As your car was parked in excess of this maximum stay time we have no option but to uphold the PCN.

With regard to the amount of the charge the pre-estimate of loss is no longer a requirement by the BPA as of October 2014. As per the BPS guidelines (October 2014, paragraph 34.6) the amount must be proportionate and commercially justifiable. The signage around the car park clearly advises that any motorist parked in breach of the advertised terms and conditions may incur a PCN. This has always been clearly distinguished by Smart Parking Ltd as a PCB and has never been called or disguised as anything else.


Given their reference to the BPS guidelines re pre-estimate loss is it worth a POPLA appeal?

misterbarlow

ami66 wrote: »

given their reference to the bps guidelines re pre-estimate loss is it worth a popla appeal?

i would say, ALWAYS!!!

Have used that Asda a few times on holiday, and it gets BUSY!!!
Easy to over stay, one Sat the queues were huge..
first port of call is to moan to Asda I would think???

Umkomaas

With regard to the amount of the charge the pre-estimate of loss is no longer a requirement by the BPA as of October 2014. As per the BPS guidelines (October 2014, paragraph 34.6) the amount must be proportionate and commercially justifiable.

Unfortunately (for them) contract law says otherwise! Deal with the law, not some trade association, whose main concern is its membership.

Read the NEWBIES FAQ sticky, post # 3, about dealing with POPLA appeals. Make sure you meet POPLA deadlines, otherwise you lose the opportunity to kick this permanently into the long grass!

Here are some examples of winning POPLA appeals.

http://forums.moneysavingexpert.com/showpost.php?p=62180281&postcount=15

Also check out the most recent POPLA wins via the 'POPLA Decisions' sticky. This will give you an idea of what POPLA Assesors are currently upholding - read from the latest adjudication, backwards.

atilla

And that's just their latest 'get stuffed and pay up' reply.
Been getting them for last few months - even when i have photo evidence they are talking B*ll*x..

They always back down just before Popla appeal date.

And with the Sales figures heading south at Asda, you should be applying the relevant pressure to the Store Manager.
They are under serious pressure to turn sales performance round - shape up or ship out.

trisontana

atilla wrote: »

And with the Sales figures heading south at Asda, you should be applying the relevant pressure to the Store Manager.
They are under serious pressure to turn sales performance round - shape up or ship out.

I know somebody who works at ASDA, and a couple of day's ago they had a company briefing where the management have admitted they have "lost focus" and were concentrating too much on price cuts and not on customer service. Evidently that's all going to change now and they are going back to good customer service. I hope that includes getting rid of PPC parasites.

atilla

trisontana wrote: »

I know somebody who works at ASDA, and a couple of day's ago they had a company briefing where the management have admitted they have "lost focus" and were concentrating too much on price cuts and not on customer service. Evidently that's all going to change now and they are going back to good customer service. I hope that includes getting rid of PPC parasites.

Many, if not all, Managers were summoned to a top level meeting where they were, in effect told, shape up or ship out.
They've had to give a commitment to follow the company brief to the letter. Any failure and they are gone.
And yes, Customer service is right up there.
Area, Regional, National. They are all under the cosh now to perform.

ami66

Going to submit the POPLA appeal today.

With regard to ASDA I haven't complained to them as I have no proof of shopping - does that matter?

The PCN was one of two issued to a group of friends travelling in three cars. Spent the day at Fistral beach before entering asda bought a few snacks/drinks then went to pub for a meal. Before leaving car park again entered asda for more snacks/drinks for journey home as it a good 2 hour trip.

At this time the third vehicle has not received any communication from Smart Parking even though all three vehicles entered and exited the car park in convoy. :cool:

Umkomaas

It's still worth complaining - with or without receipts - as you were a genuine customer on the day.

Are you a regular ASDA shopper? Do you have credit card/bank statements showing payments to ASDA? Do you have an ASDA credit card? All these can be used to prove you are a regular customer (perhaps soon to be ex-regular customer if they don't get this cancelled for you!).

The more hassle ASDA get from customers complaining about their car park 'managers', the more they will think twice about employing them!

atilla

Tell the manager you shopped there twice that day.
And then point out it could/will the the last time if he doesn't do the honourable thing.

Ivor_Pecheque

From memory, Asda Newquay Car Park is dark and dingy at the best of times. A massive entrapment zone. Am due to visit there next week, please let me know if you need signeage photos.

atilla

Ivor_Pecheque wrote: »

From memory, Asda Newquay Car Park is dark and dingy at the best of times. A massive entrapment zone. Am due to visit there next week, please let me know if you need signeage photos.

Fairly open plan with basic signage.