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Smart Parking PCN ASDA Gateshead help please.

Sticky221
Posts: 8 Forumite
Hi all
I have received a PCN from smart parking as I was an hour and 10 seconds over the time limit, my mistake as I thought the parking was 4 hours but regardless I was in the store the whole time.
I've done my best to read the newbies thread and the legislation etc but I'm getting myself in a bit of a muddle with all the various links and things so would anyone be able to help me by listing the right links in the right order of what I need to do/say. My apologies I'm asking to be spoon fed here, I'm just absolutely bamboozled by it all.
Thank you!
I have received a PCN from smart parking as I was an hour and 10 seconds over the time limit, my mistake as I thought the parking was 4 hours but regardless I was in the store the whole time.
I've done my best to read the newbies thread and the legislation etc but I'm getting myself in a bit of a muddle with all the various links and things so would anyone be able to help me by listing the right links in the right order of what I need to do/say. My apologies I'm asking to be spoon fed here, I'm just absolutely bamboozled by it all.
Thank you!
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Comments
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Follow the template letter on this site. My wife did and they cancelled the "fine" (she was parked 4 hours more than she should!)
Don't pay.0 -
don't try and read the full thread in one go ........
just a bit at a time .......
for now only read up to the appeal to POPLA bit ...
Have you complained to Asda yet ?
Do you still have the receipts / or bank statements ?
so .....
open wide for the first spoon full ... :rotfl:
look for the part that says first appeal to the PPC ....
good luck
Ralph:cool:0 -
Thanks dudes, I have not complained to ASDA yet but I will indeed now. Do I appeal while complaining to ASDA? I do still have my receipt from the shopping.0
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Thanks dudes, I have not complained to ASDA yet but I will indeed now. Do I appeal while complaining to ASDA? I do still have my receipt from the shopping.
Do both in parallel.
If ASDA agree to cancel try to get it in writing, even if you have to email them afterwards thanking them for intervening, reiterate what they say to you and ask if they would confirm their understanding of what was discussed.
It's easy for them to press the reply button with 'Yes, confirmed'.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 Street0 -
I got this reply from ASDA ��Subject.
Parking Charge
Response Via Email (Roxanne) 08/09/2015
Hi Victoria
Thanks for letting me know about your recent experience while parking at our Gateshead store.
I'm sorry to hear that you've received a parking charge on your recent visit. I can fully appreciate why you would be angry and disappointed by this, especially if you were unaware there was a time limit.
Each store has its own parking policy, depending on its size and location, which is highlighted at various points around the car park. If you are unsure about parking at any of our stores, one of my colleagues at the Customer Service Desk will be happy to explain their policy in more detail. With the greatest of respect it is customer's own responsibility to be aware of these rules and restrictions when parking anywhere, including our stores.
I can advise you that the car park at the store is operated and maintained by Smart Parking. The parking charge you have received has been issued directly by them and I’m unable to dispute the charge on your behalf. You can discuss this with Smart Parking by calling them on 0845 230 3081.
I can also advise you that Smart Parking have their own Appeals Process and would suggest that you to contact them directly to see if there is any way they can cancel your ticket for you on this occasion.
Alternatively, if you can return to the store with your receipt from the time when the ticket was issued, the store can appeal a ticket on behalf of a customer at their discretion and dependant on circumstances.
I appreciate this is not the response you were looking for, but trust you can understand why I am not able to overturn the charge.
If I can help with anything else, please call one of my colleagues on 0800 952 0101.
Kindest Regards
Roxie Beaumont
Asda Service Team
0800 952 0101
Fingers crossed for the other route!0 -
That reply from Asda is totally unsatisfactory, (and almost certainly), a tissue of lies. Tell them what you think of this scamming company whom they have invited to cheat their customers on here.
https://www.facebook.com/Asda
Do not mince your words, tell them that unless they get this cancelled, neither you nor your family will ever darken their door again.You never know how far you can go until you go too far.0 -
I'm afraid the the lady at ASDA has a misunderstanding. You aren't asking for them to appeal on your behalf you're asking them to CANCEL this PCN on your behalf!
ASDA customer services do need to understand that they and Smart as THEIR agents are jointly liable and responsible for the issue of the PCN.
The PCN is issued on BEHALF of the landowner by Smart.
Customer services don't understand the nature of the contract they have entered into with Smart and need educating.
Reply to customer services and suggest they seek legal advice as to the nature of the contract they have signed with Smart.
I'm certain that the big supermarkets don't understand the contracts with PPC's.
Morrison's for example appear to have signed a contract where they are responsible for all planning consents. In most cases this hasn't been done and left themselves open to pay the PPC potential income even in the event of permissions being denied. They have also opened the door for the rating valuation office to increase their business rates. Again not the responsibility of the PPC.
OP go back to the store and insist this PCN be cancelled and appeal to Smart as well.REVENGE IS A DISH BETTER SERVED COLD0 -
"I can advise you that the car park at the store is operated and maintained by Smart Parking."
And who hired Smart Parking may I ask?What part of "A whop bop-a-lu a whop bam boo" don't you understand?0 -
I'm not generally good with being 'assertive' in written form so I wouldn't know what to write on their Facebook wall, I'd be worried I said something wrong and they used it against me! I will need to think on this and form a response.0
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A letter/E-mail something like this may help you,
Dear Roxie,
Thank you for your E-mail of xxxxxxx.
Given the nature of the contract your company has entered into with Smart Parking Ltd I would suggest that before making similar statements again you need to seek advice from your legal department.
I understand that ASDA is the landowner in this case and you have contracted with Smart Parking Ltd to manage your car park. You are therefore responsible for the actions of your agent in this matter.
The driver or keeper of the vehicle VRN xxxxxxx spent the whole time in your store shopping and using other facilities spending a considerable amount of money. As the signage was unclear the driver was under the impression that the car parking was available for 4 hours. My stay was well short of this.
A redacted copy of my bank statement / receipt is attached (delete which not applicable).
As a genuine customer can I suggest you reconsider the contents of your previous E-mail and instruct Smart Parking Ltd to cancel this parking charge.
Thanking you,
Yours sincerelyREVENGE IS A DISH BETTER SERVED COLD0
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