Parking ticket from smart parking.

bezvoditza

Morning all.
just received a parking ticket from smart parking, i was parked in asda for nearly 4 hours but at the time i was taken to hospital in an ambulance with chest pains.
The ambulance driver confirmed with asda that it was OK to leave my car there until my return.
Should i phone them and explain my circumstances ? or just pay or ignore?
any help would be appreciated.
Thanks.

pogofish

Ignoring has not been an option in England and Wales for some years now.

Start by having a good read of the Newbies Sticky at the top of the forum, which explains your situation and the various options for seeing them-off.

Once you have digested that thread, post back her for more detailed help/advice.

Personally my first move would be double checking with the ambulance driver, then a fairly robust complaint to the store manager (copied to CEO), whilst waiting for the NTK to arrive.

Fruitcake

As above, read the Sticky thread for NEWBIES then appeal using the template appeal letter.


Also make a very robust complaint to ASDA's management (not customer services) about the shoddy way a genuine customer is being harassed when they are in a vulnerable state.


Do not pay, do not ignore, do not reveal who was driving, do not miss the appeal deadline.


Fakebook, [EMAIL="Tw@tter"]Tw@tter[/EMAIL], and local press are also options for you.

The_Deep

Never phone a PPC, it will probably be a premium rate number, and the weasel on the other end will be rude and unhelpful. If you must, send an email, but a letter is so much better, (judges love paper-trails), and you can get a free certificate of posting.

In the circumstances, they should cancel immediately, if the don't, raise hell with Asda, contact local papers and radio stations, and write bad stuff on Facebook and twitter, and of course, appeal to PoPLA.

I would send in an appeal to Popla pleading mitigation and, if it was turned down, beg the PPC to take me to court, but I am an awkward cuss, and I have the time to bait them.

bezvoditza

Ok thank you guys.

Coupon-mad

Appeal as keeper (use the template, don't phone them, don't say who was driving/parked - don't add anything to the NEWBIES template appeal).

And then win at POPLA by the usual arguments (you'll find examples by searching the forum for 'Smart POPLA') including pointing out that there can be no keeper liability because the Notice to Keeper does not include the statutory warnings and wording at all from paragraph 9 of the POFA 2012 Schedule 4*, which would enable an operator to hold a keeper liable.

When filling out the POPLA appeal pages, do NOT answer their useless questions aimed at the driver asking 'what happened/did you overstay' etc. Just appeal as keeper using a strong POPLA appeal, not just on mitigating circumstances - you can say 'I was an occupant of the car and I had chest pains & was taken to hospital etc.' but not anything that suggests you parked/were actually the driver.

Should i phone them and explain my circumstances ? or just pay or ignore?

Obviously, none of the above.

By the way, I'm astonished to have to ask - why haven't you simply marched into Asda with the ticket & insisted that the Store Manager cancels it? Pretty obvious action to take IMHO, as Smart are Asda's agent. They cancel loads every week in Asda stores all over the UK. If you get a jobsworth on the CS desk telling you 'Asda doesn't own the car park so there's nothing we can do' then he/she is lying (or believes what they've been told). Speak to the Store Manager, not a 'Duty' Manager. Asda CAN and WILL cancel these irksome 'charges' on the spot - take it to Head Office if the Store Manager is spineless.


* the law that's linked in the Newbies thread - check it yourself, the paragraph 9 wording needed is in easy bullet points & you'll find Smart have almost none of it.

Guys_Dad

First step is to get confirmation from ASDA as to the circumstances. Then tell them to cancel the ticket.

Then simultaneously appeal to the PPC using the technical points, but majoring on your medical situation.

Should they reject your appeal, you then contact the local paper, Daily Mail and local radio/tv. The ensuing publicity will do wonders for the current campaign to sort out private parking.

There is also a new web site started by a victim of the PPCs who would love the story if your appeal is turned down. Sorry I have forgotten the URL, but some others with better memories may be able to help.

Umkomaas

Is this the one GD?

http://mafc.org.uk

Guys_Dad

Umkomaas wrote: »

Is this the one GD?

http://mafc.org.uk

Yep - that's the one, thanks. Now bookmarked. :beer:

ampersand

Welcome to mse, op - apart from all the good advice you have above, I hope you are now over the worst of what caused this grubby bit of bounty-hunting

Please do go to http://mafc.org.uk/ and spread the word.
At Asda, don't be fobbed off by some lightweight wearing a Manager's badge for the day. Insist on everything, even a promise to cancel, being put in writing.

This is because these lowlife companies often pursue people, even after an in-store promise to sort matters has been given.