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Asda Parking Eye

My husband recently fuelled up at Asda Carlisle at about 5.30 AM. He left and parked up at work, which is just across the road, finished his day and then returned to Asda as he wanted a few bits and pieces for his lunch the following day . I am sure you can guess what happened! My husband received a penalty notice or we had to prove he was not their all day, which he did and no further action taken. I reckon it took a couple of hours of my husbands precious time to collect the required evidence and send it. So can we charge the parking eye who obviously got it wrong an administration charge for my husbands time? The eye obviously had not picked him up leaving the petrol station after fuelling up.  

Comments

  • D_P_Dance
    D_P_Dance Posts: 11,586 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It is not a penalty, please read the newbies.  Also read some of these and complain to your MP

    https://forums.moneysavingexpert.com/discussion/5550336/double-dip-parking-list-of-cases 

    You can take them to court for harassment and/or data breach but you will need concrete proof, read this

    https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/
    You never know how far you can go until you go too far.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 6 August 2021 at 9:16AM
    It's called double dipping , 2 short visits

    Complain about it to Asda customer service with PCN reference and get it cancelled

    Read the newbies FAQ sticky thread near the top of the forum , appeal as keeper using the blue text template from the newbies thread , adding a line the 2 short visits were made that day

    No you cannot charge parking eye for your time , a judge would expect him to resolve the issue at the earliest opportunity and make them aware of this mistake !!

    Ps , it's not a penalty notice , it's a parking charge notice , or invoice
  • Fruitcake
    Fruitcake Posts: 59,422 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 August 2021 at 9:20AM
    It is not a penalty.

    Complain to the manager and CEO of ASDA, your MP, ParkingEye, the BPA, and the DVLA.

    Appeal using the template in blue text from the NEWBIES Announcement, and a liner that this was two separate visits. Send it from the keeper.

    Please also contribute your comments to the government parking consultation on charges. It is frightening to read that the government has proposed to allow parking companies to add a further £70 to each charge.

    Government Consultation re private parking charge levels, August 2021: PLEASE BOOKMARK THIS THREAD — MoneySavingExpert Forum


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  • fisherjim
    fisherjim Posts: 6,967 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Roz1 said:
    So can we charge the parking eye who obviously got it wrong an administration charge for my husbands time? The eye obviously had not picked him up leaving the petrol station after fuelling up.  

    If only you could maybe that would stop these scam merchants from being so gung ho.
  • D_P_Dance
    D_P_Dance Posts: 11,586 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You can try.  I have issued several claims including against Amazon,Santander, Fiat, and Bulb and the companies have settled out of court
    You never know how far you can go until you go too far.
  • Half_way
    Half_way Posts: 7,407 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Double dip, why go for the monkey (PE) when you should be going for the organ grinder, ASDA.
    ASDA took on parking eye and allow them to use flawed automated systems (anpr) GDPR states data must be accurate, if ASDA or their agents have no checks in place on the automated systems, Then ASDA should be made fully responsible for the actions of their agents.


    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Coupon-mad
    Coupon-mad Posts: 148,595 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 August 2021 at 2:33PM
    Please please do the Government Consultation which is only open for another 3 weeks.  

    No £100 charges are appropriate except for disabled bay blocking and certainly no added debt ‘fees’ that PPCs don’t even pay!

    The parking industry will be all over it like a rash

    Please don’t miss adding your evidence in an email to the MHCLG attaching it and telling them ANPR use is out of control and no manual checks look like they are being done to find ‘orphan’ images.

    We also need people to ask their MPs to ask questions about why  PPCs have been allowed to persuade the MHCLG that they can add £70 per PCN for sending the same letters ParkingEye always do.  

    That would be handing ParkingEye maybe £70m extra per annum from public pockets!

    It also breaks primary law.  I looked at the Explanatory notes to the POFA about those paragraphs:


    Look at para 221
    “  The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)).”

    So, surely the Government cannot allow court claims to include failed (and not reasonably incurred) debt recovery fees that PPCs have never paid, or any additional sum at all because that would require an amendment to primary legislation?  

    It is there in black and white in the POFA explanatory notes.


     
    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 THREAD
  • Umkomaas
    Umkomaas Posts: 42,914 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    My husband received a penalty notice or we had to prove he was not their all day, which he did and no further action taken. I reckon it took a couple of hours of my husbands precious time to collect the required evidence and send it. 
    The charge is cancelled as per the opening post. @Roz1, you're going to get nowhere with a claim for a couple hours of hassle. There are posters here who endure literally years of threat, intimidation, harassment, then beating the PCN in court, but with the Judge awarding no costs. Chalk it up to experience!
    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 Street
  • Coupon-mad
    Coupon-mad Posts: 148,595 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 August 2021 at 3:33PM
    And get your revenge by making a difference by doing that Consultation before it closes and writing to your MP as outlined above!
    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 THREAD
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