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parking charge problem

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Hi Guys i got a bit of a problem and hoped someone could give my their opinion

Ill start at begining

I was givin a letter from DRP (PCN) asking for £120 for parking in asda for longer than free time allowed . The allowed time is 3 hours max .

I looked at the evidence which is two pictures , one is timed 13:38 other is 18:38 .
i have never stayed longer than 3 hours .

My girlfriend works at asda every weekend , i drop her off around 13:38 then go home , come back pick her up later at around 18:38 , i live around the corner so i would not sit and wait for 5 hours so there has clearly been a mistake . I have all evidence that she works at asda

I told DRP this but they said my 28 days appeal process is over and that the charge stands .
I didnt appeal at first because my car was registered to old house (which ive now changed) i moved house and all letters went to old house so i didnt receive them .

Im not paying as i didnt break any rules but i do have questions and here they are

1. Surly if any rules were not broken then the 30 day appeal process should not be applicable ?
2 why has the camera got me twice in one day now ? ive been taking and picking my girlfriend up from asda for last 8 years
3 if it does go to court when does it affect my credit ? surly it can only affect if i lose case not for just being summoned
4 what would you do

The creditor is smart parking , i emailed and got no reply

Thanks for reading any info would be much appreciated

Comments

  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    no the parking ticket forum , that's the sub forum of motoring
    Save a Rachael

    buy a share in crapita
  • sourcrates
    sourcrates Posts: 31,595 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Private parking tickets are invoices, not tickets.

    Most are unenforceable, only a council or the police can issue PCN's.

    Info here : http://www.moneysavingexpert.com/reclaim/private-parking-tickets
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • mcmanlyn
    mcmanlyn Posts: 422 Forumite
    I had the exact same thing in Asda car park a couple of months back - I appealed using the online system saying I'd initially dropped other half off to get cash out, then went to the gym, then went back later to put petrol in. Only 'proof' I had was my online login showing when I clocked in & out of the gym during the period in question - sent them a screenshot of it.

    Fee was cancelled just this week thankfully.

    I think the problem isn't what happened, it's that you didn't appeal within their timescale. I'd maybe write to them explaining it all & see where that gets you. They're obviously open to appeals & will look at unusual evidence so if you have anything at all to back up the fact that your other half was at work or if you did anything else in that time frame then add it as back up.

    Good luck.
    Wondering how to have a life & not rack up more debts...
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi there,


    This is a bit of an odd situation if you have had no issues for 8 years but now you've received a ticket. If the car was in the same space then that may have flagged it up on this occasion - but we can't say for certain. I am afraid the standard dispute process applies in these situations, if you feel the ticket was wrong but have not furthered your appeal within the time limit, then the next stage is potential county court action.


    If they want to go down this route you will receive county court claim forms - this is your chance to file a defence to the ticket (and it would probably be worth getting a bit of legal advice). At this stage there will be nothing on your credit file, but if your defence is unsuccessful then a CCJ will be on your credit file for 6 years unless you pay it, in full, within 1 calendar month of the judgement date.


    Do not ignore this. Private land parking companies do take county court action, this is especially true since the Beavis vs Parking Eye case. This is about the cost of a ticket rather than the validity of a ticket - which isn't really applicable to what you are saying - but generally this case has given private parking companies more confidence to take court action. Good luck,


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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