Parking fine

emoossun25

Appeal made to POPLA:
On the 8th of September 2020, I went to ASDA and parked my car at ASDA's parking area to do some shopping for my mother who is 85 years old. As I entered the parking area, I noticed there was no barrier but I assumed that ASDA has made some changes probably due to the pandemic. Unfortunately, on that day, ASDA ran out of the product that I was looking for my mother, but nevertheless, I decided to buy a few things since I was already there and kept the receipt fortunately. I was not aware as you mentioned in your letter that this is private property, otherwise, I would have took appropriate action not to infringe any rules and regulations. I would appreciate if you could look at the circumstances that I have explained and to cancel this ticket. I herewith enclose a copy of the receipt.

POPLA's Response:
The appellant has identified as the driver of the vehicle on the day of the parking event. As such, I am considering the appellant’s liability for the PCN, as the driver. When entering onto a private car park such as this one, any motorist forms a contract with the operator by remaining on the land for a reasonable period. The signage in place sets out the terms and conditions of this contract. The operator has provided photographic evidence of the signage in place in the car park, which states: “Private property…Please see signage in car park for full terms and conditions…If your vehicle remains on site and fails to comply with any of the terms and conditions stated below at any time you agree to pay an £90 Parking Charge…All vehicles must pay for parking to cover the duration of their stay”. The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice. The operator has provided photographic evidence of the appellant’s vehicle, entering the car park at 19.04, and exiting at 19.42, totalling a stay of 38 minutes. The operator has provided evidence to demonstrate that the appellant did not make a payment on the date of the parking event. The appellant’s case is that they were shopping for their 85-year-old mother at Asda and there was no barrier at the entrance to the site. They assumed the operator had made changes to the site due to the pandemic. They explain Asda did not have the product they were looking for but they did buy a few things before leaving. They explain they were unaware it was private land and if they knew, they would have made sure they adhered to the terms and conditions. The appellant has reviewed the operators evidence pack and they state the operator has not stated where the signs are located in the car park and they were not at the entrance. They explain there was nothing they could see when they entered advising them that the barrier was not in use or explaining the terms and conditions. It is the motorist’s responsibility to seek out any signage on site to ensure they can adhere to the terms and conditions, before making the decision to park. I have reviewed the evidence of the signage provided by the operator and they make clear that the site is private property, they list the applicable tariffs and make clear that motorists must pay for the duration of their stay. Section 19.3 of the British Parking Associations (BPA) code of practice states, “Specific parking-terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand. Signs showing your detailed terms and conditions must be at least 450mm x 450mm.” I am satisfied the signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice. Regarding the appellants comments they could not see any signs when they entered the car park, the operator has provided a site map which shows the layout of the site and the locations of the signs. The sign at the entrance refers motorists to the terms and conditions displayed on the signage in the car park. Whilst I acknowledge there may have previously been a barrier at the entrance, the operators decision to remove or stop using the barrier does not imply the rest of the terms and conditions are no longer in place and the signage on site clearly states otherwise. I understand the appellant was at the site to do shopping at Asda for their mother, but this does not entitle them to free parking. Ultimately, it is the motorist’s responsibility to comply with the terms and conditions of the car park. Upon consideration of the evidence, the appellant failed to purchase the appropriate parking time and therefore did not comply with the terms and conditions. As such, I conclude that the PCN has been issued correctly. Accordingly, I must refuse this appeal.

I would appreciate as the private parking company Highview Parking has wrote to me on the 26th February 2021 to pay the fine of £90.00 within 14 days from the date of the correspondence otherwise the case will escalate and further action will be taken. I would be very grateful for your feedback on the above issue.

Redx

if it really is an ASDA car park, you should have complained to their head office and got it cancelled

normally its companies like PARKING EYE , not GROUP NEXUS that monitor asda car parks

your choice now is either pay up or defend yourself in court within 6 years, unless you get asda to cancel it

ps:- its an INVOICE, not a fine !!

Coupon-mad

That was not a POPLA appeal!  You just wrote as if you were writing to the parking firm and did no research, no wonder you lost!

This was so very easy to cancel.  Not now. 

Is it ParkingEye? 

 Was this actually a pay & display car park, or what?  How come a PCN was issued, for not doing what?

Umkomaas

As I entered the parking area, I noticed there was no barrier but I assumed that ASDA has made some changes probably due to the pandemic. 

This doesn't sound like it's a car park exclusive to Asda. It's not a typical for Asda to have entry/exit barriers.  Also, Highview are not Asda's preferred parking management company, that's ParkingEye.  By all means complain to Asda, but if they say this isn't their own car park, try to find out from them whose car park it is, then target your complaint there. 

D_P_Dance

It ia not a fine.  In the last 18 months my wife has collected three PCNs from ASDA .  Each time Asda has cancelled them without a quibble. 

fisherjim

Oh dear why didn't you come here first Highview are idiots and their signage is pants, I wouldn't even believe their evidence to POPLA does it actually resemble what is at the car park?

Your POPLA appeal was never going to succeed and the final clue is the mass of explanation they have come back with about signage etc

As for "assuming" anything that's a dangerous thing. When I was an apprentice there was a big sign on the wall Never assume anything, if in doubt ask.

What on earth does this mean :
I was not aware as you mentioned in your letter that this is private property, otherwise, I would have took appropriate action not to infringe any rules and regulations.

Is it OK to infringe rules on local authority property then?

Your first step after reading the newbies thread on here is to complain to Asda head office as DPD and Umkomaas advise above.

If that doesn't work you either pay the scammers or play the waiting game to see if they try a punt in court after a deluge of useless debt collection letters.

emoossun25

Redx said:

if it really is an ASDA car park, you should have complained to their head office and got it cancelled

normally its companies like PARKING EYE , not GROUP NEXUS that monitor asda car parks

your choice now is either pay up or defend yourself in court within 6 years, unless you get asda to cancel it

ps:- its an INVOICE, not a fine !!

Thank you so much for your response. I did complain to ASDA at the beginning but they were not helpful and said that I had to deal with Highview Parking. I was only advised recently by the enfield citizen advice bureau to contact MSE Forum. I will try and get in touch with ASDA again. The Highview Parking just sent me a letter asking me to pay or they would escalate the issue. Any advice what escalation means and should I risk going to court?

emoossun25

Coupon-mad said:

That was not a POPLA appeal!  You just wrote as if you were writing to the parking firm and did no research, no wonder you lost!

This was so very easy to cancel.  Not now. 

Is it ParkingEye? 

 Was this actually a pay & display car park, or what?  How come a PCN was issued, for not doing what?

Thank you for your response. No it was not a pay and display car park. A while back, there was barrier with a ticket machine. Normally, I would get a ticket and the barrier would go up and after shopping at ASDA, I would have the ticket stamped and that would be it, however, since there was no barrier, I thought the parking was free which is the reason why I did not think about anything else regarding paying for parking and did not notice any of their signs. Recently, after contacting the Enfield Citizen Advice Bureau, I was advised to make a thread here. I would appreciate any further advice.

emoossun25

fisherjim said:

Oh dear why didn't you come here first Highview are idiots and their signage is pants, I wouldn't even believe their evidence to POPLA does it actually resemble what is at the car park?

Your POPLA appeal was never going to succeed and the final clue is the mass of explanation they have come back with about signage etc

As for "assuming" anything that's a dangerous thing. When I was an apprentice there was a big sign on the wall Never assume anything, if in doubt ask.

What on earth does this mean :
I was not aware as you mentioned in your letter that this is private property, otherwise, I would have took appropriate action not to infringe any rules and regulations.

Is it OK to infringe rules on local authority property then?

Your first step after reading the newbies thread on here is to complain to Asda head office as DPD and Umkomaas advise above.

If that doesn't work you either pay the scammers or play the waiting game to see if they try a punt in court after a deluge of useless debt collection letters.

Thank you for your response. As I have mentioned, I only found about the forums after contacting the Enfield Citizen Advice Bureau. The Highview Parking just sent me a letter asking me to pay or they would escalate the issue. Any advice what escalation means and should I risk going to court?

Coupon-mad

I was only advised recently by the enfield citizen advice bureau to contact MSE Forum.

    At last, a CAB branch or volunteer who knows where to signpost people to!

You could have beaten Highview in one week, with one email, had you come here before you wasted the appeal options and admitting to driving. It was that easy.

Highview are one of the ones that we laugh about being a cinch to win at appeal because they don't bother to use the words that could hold a registered keeper liable. They don't have to bother because people appeal blabbing about being the driver and what happened...frustrating that you fell into that trap.

Any advice what escalation means and should I risk going to court?

You already know what it means and how to win in court, from your reading of the NEWBIES thread post #2 all about how to win in court - but you also have been advised to complain to the Retail park owners because Asda don't employ Highview, the managing agents of the retail park do.

In his reply above, @Umkomaas has already told you al this and who to contact, which is the only way to now get it cancelled when POPLA has been wasted.

emoossun25

Coupon-mad said:

I was only advised recently by the enfield citizen advice bureau to contact MSE Forum.

    At last, a CAB branch or volunteer who knows where to signpost people to!

You could have beaten Highview in one week, with one email, had you come here before you wasted the appeal options and admitting to driving. It was that easy.

Highview are one of the ones that we laugh about being a cinch to win at appeal because they don't bother to use the words that could hold a registered keeper liable. They don't have to bother because people appeal blabbing about being the driver and what happened...frustrating that you fell into that trap.

Any advice what escalation means and should I risk going to court?

You already know what it means and how to win in court, from your reading of the NEWBIES thread post #2 all about how to win in court - but you also have been advised to complain to the Retail park owners because Asda don't employ Highview, the managing agents of the retail park do.

In his reply above, @Umkomaas has already told you al this and who to contact, which is the only way to now get it cancelled when POPLA has been wasted.

Thank you for your response. I have followed your advice and contacted groupnexus. I will keep you updated.