Asda/Smart Parking POPLA draft.

Leigh5t

Hi guys

I'm new to this forum and the world of parking tickets so please go easy on me.

Having just read the newbie post I now realise I've dropped myself in the proverbial!

I recieved a "fine" from smart parking, for not displaying a ticket, in an Asda car park on 27th June.
I complained to the Asda store via email later that same day, with proof that I was shopping in the store at the time. I received a reply on the 30th June stating that the car park is run by a third party and there is nothing they can do.

I then used smart parkings online appeal procedure (unsure of the date as it was online but it must have been a day or two after asdas reply). This is where I got uber naive. I told the truth, the whole truth, and nothing but the truth! :wall:
So I admitted that I was driving and I didn't buy a ticket.
I stupidly thought that the fact I was actually shopping in the store for the 15 mins I was gone, was enough to quash the fine......it seems honesty gets you nowhere!

Anyway, I've recieved a letter today dated 20th August and sure enough they've rejected my appeal on the grounds that I am responsible for having the correct change to buy a ticket.

They've included a popla code which I've checked out and it says it was issued one day before the rejection letter???

So before I make anymore daft moves could someone point me in the right direction please?
Thanks in advance:money:
Leigh.

Redx

asda are telling lies as they engaged the parking company, so are jointly liable (assuming its their car park and not somebody elses !)

if it is a different landowner, complain to them or their managing agents

complain to asda head office CEO and enclose copies of any proof of patronage, for that day and other days if you are a regular and give them a copy of what the local store said , complaining about it loudly and heavily !!!!

as you have a popla code, draft a popla appeal but leave out any references to POFA 2012 as you cannot hide behind POFA due to admitting yourself as the driver

then register this appeal using the code on the popla appeals website, so they can register you with the new ombudsman service which is taking over in october

so look for similar recent smart and asda popla appeals, using the forum search box, adapt one to suit, register on popla, ticking 3 boxes from 4 (not stolen) if asked

Umkomaas

You need to do a couple of things.

1. Escalate your complaint to the CEO of ASDA (see post #6 of newbies sticky, which deals with complaints). You've been dealing with the monkey, not the organ grinder. Of course the car park is managed by a third party, but that third party is contracted to the principal - ASDA. Make sure your complaint is not a 'please would you mind', but assertive, without being rude - make sure you enclose copies of receipts for the day, and proof that you're a regular ASDA shopper with copies of any prior bank/credit card statements showing purchases. I'd be surprised if, given their declining market share (which you might wish to refer to!), they would rather p155 off a customer in favour of a contractor whose only source of income is from harassing the very customers ASDA relies on!

2. Start to research the basis for your POPLA appeal. Here are some links to look at examples - they are NOT standard templates as such, but your appeal needs to cover the following:

1. No keeper liability (but you need to check the NtK for correct dates and all requirements of PoFA have been included) - see here:
http://www.parkingcowboys.co.uk/keeper-liability/
2. Signage
3. No Contract with landowner to pursue charges in their own name at court
4. No proprietary interest in the land
5. Unlawful Penalty Charge
6. ANPR Accuracy (if appropriate)
7. No genuine pre-estimate of loss (GPEOL)

Read very carefully post # 3 of the NEWBIES FAQ sticky - it contains information important to your appeal.

There are plenty of examples of winning POPLA appeals across the forum; here are a couple of links for you to follow and research:

How to win at POPLA:

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

Some of the appeals linked here are now becoming a little dated, so be careful to use one of the more recent ones as your guide to framing your own.

Please don't do a 'copy and dump' of the first thing that looks 'legal' enough, then expect regulars to pick it apart and amend it all for you. We won't do that, so you need to understand what you're copying, you need to proof read it and make sure any references you make (Beavis in particular) are up to date, and everything relates broadly to your parking event.

POPLA Decisions

https://forums.moneysavingexpert.com/discussion/4488337

Read from the most recent backwards to get a feel for the appeal points on which POPLA Assessors are currently upholding appeals.

However (and importantly) things are changing on the POPLA front, with the service imminently being taken over by The Ombudsman Service Ltd. Please read the following link to understand the process you will need to follow over the next few weeks:

http://parking-prankster.blogspot.co.uk/2015/08/popla-changeover-starts-tomorrow.html

This is very 'winnable', you just need to follow forum advice and related links. Smart are not difficult to beat.

HTH

Northlakes

Asda sales are falling fast and yet there seems to be more parking appeals appearing on this forum related to Smart. Any correlation?

Leigh5t

Wow you guys are on the ball!!
Thanks for your replies.

I did actually reply to Asda (the monkey) with a bit of a ranty complaint But they didn't respond.

I'll gather up some info regarding patronage from my bank statements/receipts and get a mail off to them ASAP.

I'll then draft up my popla appeal based on the template and have a search for some relevant past cases.

Many thanks for your help and I'll let you know how I get on.

Guys_Dad

You have time for the drafting of the POPLA appeal. The "new POPLA" don't take over till October 1st so you just need to register your number on line. They will contact you when they want the evidence.

In the meantime, with a fair wind, ASDA might see sense and cancel.

The_Deep

This is no big deal. you forgot to pay, a simple human error, and admitted it. But why pay at Asda anyway? Is it refundable with a minimum spend? If so, has anyone lost any money because of your actions? If not you owe nothing.


They are trying to con you, write bad things on Asda Facebook page.

Leigh5t

Thanks for the replies.

I'm just registering my popla appeal just in case.
Just to double check, that I can now only check two of the four grounds for appeal boxes.
Obviously it wasn't stolen and i've admitted liability so that leaves I wasn't improperly parked and the charge exceeding the appropriate amount.
Is this correct?

Good point about social media, Is that a valid approach?

Redx

doesnt really matter as its the ombudsman services that will be taking the appeal

I would tick all the boxes except stolen , regardless, dont overthink this, use the K.I.S.S. principle

your popla/ombudsman appeal will major on points they dont give you in those 4 boxes anyway

Leigh5t

Ok thanks for that!

Leigh5t

First of all thanks for the advice everyone.

I first registered my appeal with popla and received the info regarding transfer to ombudsman.

I then searched Google for some similar cases and found a very close match. A guy in the same store that didn't buy a ticket and asda customer services cancelled it for him.
consumeractiongroup.co.uk/forum/showthread.php?379011-ASDA-response-following-parking-ticket

I then emailed customer services again. The guy gave me the address for the exec relations team. .......Not without first having a snide dig regarding the obvious though!
i536.photobucket.com/albums/ff324/leigh5t/Mobile%20Uploads/73E01CC8-D8EC-45C8-937B-C3D3B92582C3.jpg

I decided to play by their rules and send a letter to the address they provided.
i536.photobucket.com/albums/ff324/leigh5t/Mobile%20Uploads/4960B8B3-8C62-4A22-B6EB-224FCB2429AB.jpg

So......... I thought that would sort it but to my amazement I have just received a reply from asda which is pretty much an echo of what customer services have already fobbed me off with. What on earth are they playing at?
i536.photobucket.com/albums/ff324/leigh5t/Mobile%20Uploads/3CC9B989-F28D-4201-AAAD-5C07C9A89CF3.jpg

I like how it says "as a regular shopper, you are aware of the pay and display". Does this mean if I wasn't a regular shopper they would have a different view of what happend?
This person has also made the assumption, presumably due to the spelling of my name, that I'm female. Last time I checked............. I was in fact.... male. :rotfl:

Anyway, what will asda actually gain from sticking to their guns With this?

Thanks agian people :money:
(Sorry about the links, I'm a new user and it won't allow me to post them)