Parking Eye fine ASDA Milton Keynes

planegeek

Hello,
I am writing to ask for some guidance regarding one Parking Eye fine received at ASDA Milton Keynes.
The driver of the car which I am the Keeper parked in ASDA car park in Milton Keynes. He overstayed by 47 minutes (allowed parking time 3 hours).
However, the driver purchased several items from ASDA for which he doesn't have the receipt anymore. Bank statement shows evidence of driver spending money at ASDA within the time he parked there.
I am willing to appeal on Parking Eye website as the Keeper of the car. I have read the Newbies Thread, but I am not quite sure which statements to use.
I have drafted my response below. Is there anything else which I should add?
I have also attached a copy of the PCN.
----------------------------------------------------------------------------------------------------------------------------------------------------------------
Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you have obtained the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. Clause #13 of the BPA CoP applies here and this appeal, any subsequent appeal and also any court case will have this as a prominent argument as to why this invoice should be cancelled

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,
xxx



Thank you very much for your help!

Mr_Spoon

Maybe I'm wrong, but I've never known a bank to show an exact time of a transaction on their statements, just the date.

Fruitcake

It is not a fine.

What happened when you complained to the store manager/CEO?

You have a PoFA compliant NTK so your best chance is a landowner cancellation. If the store decide losing customers is important to them and they reject your complaint, then send the appeal template in blue from the first post of the NEWBIES, unaltered, from the keeper. There is only one appeal template, unless this is a lease/hire car/company vehicle.

If that doesn't work then you will need to appeal to the scammers followed by an appeal to PoPLA.
Get pics of the site and signage asap.

Include proof of purchases on the day with your complaint. If you are a regular shopper then tell the manager/CEO and/or include a loyalty card number if you have one. The store should have information about the time of purchase if you paid by card, but hopefully you won't need to go into that much detail.

Umkomaas

Mr_Spoon said:

Maybe I'm wrong, but I've never known a bank to show an exact time of a transaction on their statements, just the date.

And often the date showing is the one following the actual date of transaction   

@planegeek, get yourself down to Asda, ask to see the manager (not the fob-off frump at the Customer Services counter), take with you your bank statement, as well as any past statements/receipts showing a pattern of regular custom at Asda, if you have an Asda credit card, take that too, and explain the reasons for the overstay and ask that he cancels the ticket. 

Asda managers have access to the ParkingEye website, to effect cancellations, on their desk. 

planegeek

Sorry for the confusion. No hour is showing on the statement indeed. Would the date be sufficient in this case?
It does say on the back of the PCN that information which can help with the appeal include store receipt; proof of purchases via bank statement. 
I have attached the back of the PCN as well.

Mr_Spoon

planegeek said:

Sorry for the confusion. No hour is showing on the statement indeed. Would the date be sufficient in this case?
It does say on the back of the PCN that information which can help with the appeal include store receipt; proof of purchases via bank statement. 
I have attached the back of the PCN as well.

I wouldn't have thought so. You could've parked there for 8 hours and then bought something on your way back to the car.

Fruitcake

My advice hasn't changed. Complain to the store manger or CEO. Show proof of purchase/regular shopper. Show them the PCN and give them a copy.
You and your family want to continue shopping there but won't be able to if genuine shoppers keep getting £100 charges from an unregulated industry that our MPs have called scammers, bloodsuckers, and rogues.

The time of purchase isn't really important all though it would be helpful. The important thing is to show that purchases were made that day. On the balance of probabilities these were made during the period the car was on site.

Did the vehicle leave and come back, known as double dipping? Don't answer that on here, and obviously don't lie.

Umkomaas

Mr_Spoon said:

planegeek said:

Sorry for the confusion. No hour is showing on the statement indeed. Would the date be sufficient in this case?
It does say on the back of the PCN that information which can help with the appeal include store receipt; proof of purchases via bank statement. 
I have attached the back of the PCN as well.

I wouldn't have thought so. You could've parked there for 8 hours and then bought something on your way back to the car.

While it's a possibility, we rather see the glass half-full than half-empty. We try to provide positive help. 

There are many retail car parks where planning approval hinges on the car park being available for use for other shopping in the town, so an (in extremis) 8-hour stay, with a final purchase at the retail store on the car park is both quite possible ...... and legitimate. I suggest you read a few more threads on this forum so you have the full picture.

It's the Asda manager who will decide. Asda next stop @planegeek.

planegeek

Fruitcake said:

It is not a fine.
What happened when you complained to the store manager/CEO?

I did not go there physically, but tried calling and could not get through to them due to the Covid situation.
I would have gone there in the first place if it did not take me 1 hour drive.
I guess I will have to drive there and sort it out.
Thank you everyone for your advice. Will update you on the situation.

Fruitcake

planegeek said:

Fruitcake said:

It is not a fine.
What happened when you complained to the store manager/CEO?

I did not go there physically, but tried calling and could not get through to them due to the Covid situation.
I would have gone there in the first place if it did not take me 1 hour drive.
I guess I will have to drive there and sort it out.
Thank you everyone for your advice. Will update you on the situation.

... or complain to the CEO via email. However, if it isn't cancelled by Asda in a timely manner, don't miss the appeal deadline.

Mr_Spoon

Umkomaas said:

Mr_Spoon said:

planegeek said:

Sorry for the confusion. No hour is showing on the statement indeed. Would the date be sufficient in this case?
It does say on the back of the PCN that information which can help with the appeal include store receipt; proof of purchases via bank statement. 
I have attached the back of the PCN as well.

I wouldn't have thought so. You could've parked there for 8 hours and then bought something on your way back to the car.

While it's a possibility, we rather see the glass half-full than half-empty. We try to provide positive help. 

There are many retail car parks where planning approval hinges on the car park being available for use for other shopping in the town, so an (in extremis) 8-hour stay, with a final purchase at the retail store on the car park is both quite possible ...... and legitimate. I suggest you read a few more threads on this forum so you have the full picture.

It's the Asda manager who will decide. Asda next stop @planegeek.

I meant from their perspective when reviewing the claim (playing Devil's Advocate), not implying that I think the OP is making false claims.