Free Parking Overstay

HuffandDoback

Hi
I've spent a considerable amount of time trying to get my head around the newbies thread and other relating advice but can not seem to find much on charges relating to the overstaying in a free parking car park. (unless I'm looking in the wrong places, forgive me!)

The driver parked in a Shopping Centre from 9pm to 1am to go to a pub down the road(not part of the centre) for a few soft drinks. They did not realise the free period was only 3 hours so the registered keeper has received a parking charge in the post. There is enough signage that they did not read so it is their own fault.

They planned to pen an email to Asda, part of the centre, to complain and tell them they are a regular customer and then use the template from Newbies to appeal to UKPC.

However, They want to know, should this go to court, do they have a leg to stand on as they have clearly broken the contract?

They thought they could use the fact that Asda shuts at 11 and the other shops are 10 or significantly earlier so this is not a loss of business, but I have seen a post somewhere that this is not a valid argument anymore.

I appreciate any help. Thanks.

The_Deep

They are all scammers, and this is a scam, so do not blame yourself

See what Parliament thinks about the industry here

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

With a fair wind they will be toast by Christmas. Add to their woes, complain robustly to your MP, quoting from the Second Reading of Sir Gregg Knight's excellent Bill.

Quentin

Throughout here you are advised never to reveal who was driving.


You need to edit your OP to remove details of who was driving

KeithP

Do what you are planning to do - send the template appeal and complain to ASDA.

So you didn't know there was a time limit?
Was that because the signs weren't prominent enough?
Or perhaps the signs were poorly lit?
Was the £100 charge, or whatever the figure is, in large enough letters on the sign?

Signs that you were unaware of are incapable of forming the basis of a contract.

In other words, yes of course you have a leg to stand on.
The driver has not 'clearly broken the contract' if a contract was never formed in the first place.

Now, before you do anything else, edit your post to remove any clues to the driver's identity.

For example, your second paragraph should perhaps start something like:

The driver parked in a Shopping Centre...

Review the rest of your post similarly.

There is no place for the word 'I' when describing events on the day.

The_Deep

PE's signs in my local ASDA are appalling. Masses and masses of unparagaphed print in a tiny font. Do they really expect someone to read all that guff before popping in for a tin of beans?

HuffandDoback

They were not aware of the time limit but simply because they naively thought it was always free and did not read the signs. There are signs on entry and all around the car park from my memory. They hope to drive down at some point tonight to take pictures and gather any evidence they may need for future appeals that hopefully reveal poor lighting etc.
Thanks again

Quentin

RNow you need to edit your latest post to remove more details of who was driving and complete the editing of the OP!

The ppcs monitor this forum and can use your posts against you

Umkomaas

UKPC and Asda are not usual bedfellows (PE is Asda's preferred contractor after sacking Smart Parking).

While there's no harm in complaining to Asda, it may be that UKPC we're contracted by some other body - like a Managing Agent, especially if the car park services more outlets than just Asda. You may have to do some more 'digging' for a landholder if Asda respond with a 'Sorry, can't help, not our problem'.

HuffandDoback

As predicted, Asda have fobbed them off and told them to complain to the parking operator. They guess this will be futile so they will wait for UKPC to reject the appeal before going to Popla. In the meantime they will try to contact the landlord and complain to them although this will be a waste of time as they were in a pub, not part of the shopping centre, for the majority of the time.

Are there any other proactive things to do or is the only option to just sit back and wait now?

Thanks

KeithP

HuffandDoback wrote: »

As predicted, Asda have fobbed them off and told them to complain to CPM.

Was that Asda's head office that 'fobbed them off'?

Why did Asda suggest complaining to CPM?

This is the first mention of CPM in this thread.

Fruitcake

HuffandDoback wrote: »

As predicted, Asda have fobbed them off and told them to complain to CPM. They guess this will be futile so they will wait for UKPC to reject the appeal before going to Popla. In the meantime they will try to contact the landlord and complain to them although this will be a waste of time as they were in a pub, not part of the shopping centre, for the majority of the time.

Are there any other proactive things to do or is the only option to just sit back and wait now?

Thanks

Different companies and different process to follow in the NEWBIES. Please confirm which PPC you are dealing with, and amend your post(s) accordingly.