Smart Paking Charge - Asda Stockport

Umkomaas

If ASDA really did 'pay the fine', they need to very quickly read up on the Co-op/CEL debacle.

angryannie_2

I really don't think I am getting to grips with all this Ralph!!! I have checked through the Newbies thread and quite honestly I'm still totally confused. I copied and pasted a template appeal letter from the very end of the thread, but don't know if this is the correct one, what all the abbreviations mean , so therefore don't know which sections paragraphs I need to use.
I will look at the photo I have again - I did cover my address, but it still shows PCN number and the registration, so how will I edit that without defacing the letter?? I will try to upload it to the sites suggested and see what happens...

Ralph-y

this is the appeal right near the top of the newbies thread ...

Date


Dear Sirs

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

I challenge this 'PCN' as keeper of the car, on these main grounds:

a). The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term.
b) The sum is extravagant and unconscionable and cannot be justified.
c). There is no evidence that you have any interest in the land. I will complain to the landowner about your aggressive ticketing.
d). Your 'Notice' fails to comply with the POFA so there can be no keeper liability.
e). I believe that the signs were not seen/are ambiguous and the predominant purpose is to deter so there is no contract to pay this charge, which is a penalty.

Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 or cancel the charge. I will only appeal further if you offer POPLA, the only independent ADR with a scrutiny panel and trained Assessors. The 'IAS' offered by IPC firms will not be used, for well-documented reasons.

''Drop hands'' offer
The charge is baseless but I realise that you may have nominal postage costs. Equally, I have incurred costs for responding to your junk mail dressed up to mimic a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15 so this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days and I will not pursue you for my costs.

Breach of CCRs
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered nor expressly agreed. This 'contract' is cancelled and any obligations now end.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,


so just have a quick read of the first section again and if you are happy send it off ....

theacronyms are explained in #2

even if you cut a few slips of paper and place them on the top of your pics (where needed) then take another pic .... will hide the personal info

you then need to choose a photo hosting site ... photobucket is one example .... you have to make an account ..upload the pic then copy to your next post the url ... except change the http bit to hxxx and we will fix it (or PM me);)

Ralph:cool:

atilla

As an alternative approach to getting a more 'competent' response from Asda.
Fire off a formal complaint about the stores appalling treatment to customers and total lack of customer relations and care. (no mention of parking at this stage).
Demand the details of the area Manager, Email him and then name and shame.
Management are under serious pressure to get top marks in this KPI.
The doo doo will soon hit the fan.

angryannie_2

I have now emailed Stockport Council regarding Asda Car Park and they confirmed that it is Privately owned and not run by the Council.
I'm attaching copy of the completed template appeal letter I have prepared and the PCN I received from Smart Parking and wonder if you guys can confirm if this is good to go.

hxxx://s772.photobucket.com/user/xxxxxxxx/media/smart%20parking_zpsp0elqosr.jpg.html?filters[user]=143917865&filters[recent]=1&sort=1&o=0

10th September, 2015


Smart Parking Ltd
Unit 43, Elmdon Trading Estate
Bickenhill Lane
Marston Green
Birmingham
B37 7HE

Re: PCN No. XXXXXXXXX

I challenge this 'PCN' as keeper of the car, on these main grounds:

a). The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term.
b) The sum is extravagant and unconscionable and cannot be justified.
c). There is no evidence that you have any interest in the land. I will complain to the landowner about your aggressive ticketing.
d). Your 'Notice' fails to comply with the POFA so there can be no keeper liability.
e). I believe that the signs were not seen/are ambiguous and the predominant purpose is to deter so there is no contract to pay this charge, which is a penalty.

Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 or cancel the charge. I will only appeal further if you offer POPLA, the only independent ADR with a scrutiny panel and trained Assessors. The 'IAS' offered by IPC firms will not be used, for well-documented reasons.

''Drop hands'' offer
The charge is baseless but I realise that you may have nominal postage costs. Equally, I have incurred costs for responding to your junk mail dressed up to mimic a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15 so this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days and I will not pursue you for my costs.

Breach of CCRs
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered nor expressly agreed. This 'contract' is cancelled and any obligations now end.

I have kept proof of submission of this appeal and look forward to your reply.


Yours faithfully,

Ann Sills

Hot_Bring

Smart will cancel at POPLA anyway, they always do. When I say cancel I mean they won't provide any evidence.

Your fun is to be had with Asda and their lying employees !

That appeal to Smart is fine.

Ralph-y

yes its fine ....

as has been said it's only a means to get the POPLA number .....

keep up the good work

Ralph:cool:

angryannie_2

good - thank you everybody - i'll get the letter posted off to them.

Ann

ampersand

Just remove those 2 identifiers from your post 26[you'll see what I mean]

Remember to obtain a free certificate of posting for every letter.

Ralph-y, I well remember c-m helping me by equating this stage to a fishing expedition.

aa - every good wish to you and your husband. We are of a similar age [call me your elder sister :-)] and I sense a strong, articulate, feisty lady. You will see this off.

I hope you will pursue the lying employee/work manual edict? too, but understand if enough is enough right now.

I'm so glad you found mse - welcome!

angryannie_2

ampersand wrote: »

Just remove those 2 identifiers from your post 26[you'll see what I mean]

Remember to obtain a free certificate of posting for every letter.

Ralph-y, I well remember c-m helping me by equating this stage to a fishing expedition.

aa - every good wish to you and your husband. We are of a similar age [call me your elder sister :-)] and I sense a strong, articulate, feisty lady. You will see this off.

I hope you will pursue the lying employee/work manual edict? too, but understand if enough is enough right now.

I'm so glad you found mse - welcome!

Thank you Ampersand - I'm not certain what you mean about post 26??