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Appeal Parking Charge Notice
PeachBlossom
Posts: 1 Newbie
Advice please! I received a parking charge notice (Parking Eye) only a few weeks after Asda changed their free parking hours from 3 to 2 free hours. My time in the car park was 2h 49min. I usually do my food shopping in about 2 hr (shopping upstairs for clothes too) however, I am currently 6 Months pregnant and still suffering with sickness and nausea therefore taking a few trips to the toilet adding to my overstay. I am thinking of appealing the fine, just wondering if it's a good enough reason? If so, how exactly should I put it in wording? Do I need to send proof of pregnancy? Many thanks
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Comments
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You should in the first instance, after you have read thoroughly the NEWBIE sticky, complain to Asda, they cannot treat their customers this way, else they soon won't have any customers! In the NEWBIE sticky you will find an appeal written in blue text for you to use without modification, deletion or addition, You could look at the equality act 2010 and see if pregnancy affords you any extra time.3
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Also, if the change was not advertised remind them of the requirement in the BPA CoP that states:-
"19.10 Where there is a change in the terms and conditions that materially affects the motorist then you must make these terms and conditions clear on your signage. Where such changes impose liability where none previously existed then you must consider a transition to allow regular visitors to the site to adjust and familiarise themselves with the changes. Best practice would be the installation of additional/ temporary signage at the entrance and throughout the site making it clear that new terms and conditions apply. This will ensure such that regular visitors who may be familiar with the previous terms become aware of the new ones."4 -
It is not a fine.
I doubt it was ASDA that changed the parking time, but rather it was poor Parking Lie because they are feeling the pinch of reduced income due to Covid.
Complain to the store manager and/or the CEO of ASDA about the unfair reduction in parking time during a pandemic where government mandated social distancing, and the store's own requirements mean that extra time is needed to shop, not less.
Do also mention that indirect discrimination in breach of the EA 2010 as mentioned above.
Also check with the local council planning department to see what they originally stipulated on the original planning application was approved. If it has been arbitrarily reduced then make a complain to the planning department and your MP.
Also ask the planning department if planning permission has been granted for ANPR scameras, and advertising consent has been granted for the signs. Again, complain to the planning department if this has not occurred.
If it hasn't been cancelled by the the time the appeal deadline approaches, appeal using the template in blue from the first post of the NEWBIES.
Send it unaltered from the keeper.
I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks3 -
The Asda manager will cancel this for you. Take the receipt for the day, plus previous receipts, bank/cc statements to confirm you are a regular customer. The manager should be able to cancel this from his/her desktop PC. I've not seen any case where an Asda manager has refused to cancel for a customer.If you're getting close to the PE 28-day deadline to appeal, make sure you don't miss that if you're awaiting a reply from Asda.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street4 -
As above , complain loudly and strongly to Asda , they can and should cancel !!
If they want people to shop at Asda and to wait patiently outside in covid queues. They should extend the time from 3 to 4 hours , not reduce it. Add the EA 2010 into the mix due to your impending motherhood
Good luck4 -
Echoing the others- this is also clearly stated as PLAN A (before any appeal attempt) in the NEWBIES thread.
You need more time. Complain to Asda.
By the way, I have corrected this for you because you are wrong that Asda instigate these changes:I received a parking charge notice (Parking Eye) only a few weeks after Asda PARKINGEYE drove the change to their free parking hours from 3 to 2 free hours, so that they could make more money and catch more people with whacking great parking charges, including genuine Asda customers.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
FWIIW, Asda have cancelled three PE tickets which my wife collected.You never know how far you can go until you go too far.2
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