ASDA agreed to cancel parking ticket but ParkingEye pressing for payment

London95time

hi there, it is my first post here, I read the rules and I hope to be clear and accurate enough. Thanks in advance for any suggestions!
Recently, I received a parking ticket from ParkingEye after having overparked at ASDA (parking rules changed a few weeks earlier when I was not around, so I did not realise I could park only for a shorter period of time).
I discussed the matter with ASDA (I parked there for many, many years!) and they kindly agreed to cancel the ticket (after providing them some basic information, ticket ref, ASDA receipt, etc). They asked ParkingEye (PE) to cancel it. During my communications I explained the situation so I confirmed I was the driver (after having read MSE forum, I now realize this to have been a mistake, but I wanted to be honest and I did not expect further issues).
However, PE ignored ASDA communication and continued pressing for payment. I used PE appeal system to let them know that ASDA requested cancellation (and I clearly stated that my communication was NOT to be considered an appeal). However, they consider my communication an appeal and, of course, denied my request for cancellation. I contacted ASDA over the phone; they said they can only request for cancellation, not cancel the ticket themselves; their customer service recommended to use POPLA services to get the ticket cancelled. I did so; I provided images, receipt, emails with ASDA. However the POPLA appeal has been rejected on the grounds that ASDA cannot override PE or any PCN that PE chooses to uphold. This seems very unreasonable to me, as PE are their agents. Now, PE are pressing for full payment.
After all this, I sent a further complaint email to ASDA using their online form (I expect a reply soon). I spent lots of time on this matter, with high level of stress; ASDA operators have been cooperative, but ASDA process seems very unclear and misleading. I now have a  ticket to be paid in full. I wonder if PE are right and whether I should take some further actions or not, possibly with ASDA rather than PE.

Thanks very much for your time and help!

D_P_Dance

Have you complained to your MP

If Asda have agreed to cancel, then PE will have little alternative but to csncel imo.  Keep on at Asda.

95Rollers

First thing first - do you have anything in writing from Asda, and who did you speak to. Can you get hold of them again informing them that PE are continuing to hound you despite the landowner cancellation!?

London95time

yes, I have a pdf copy of the ASDA email where they confirmed they asked for cancellation (name of operator is written). I am sure this is on their systems, as when I spoken to them over the phone, they confirmed everything and they said they can only ask for cancellation.

I sent them another complaint, so let's see what they reply, probably early next week.

thanks also for the suggestion to contact my MP!

Trainerman

Although my PCN is with a different operator and landowner, the redacted contract clearly shows that the landowner can cancel a PCN, though possibly at some cost. I would be surprised if ASDA do not have the same power on their contracts

D_P_Dance

Asda have cancelled three PCNs for me in the last two years

London95time

interesting, so either they have changed procedures, or they are messing around with me. What I found strange is that POPLA agreed that PE do not have to follow ASDA instructions. This is apparently crazy, but I guess they are part of a big money machine.

Fruitcake

Have a look on the council planning portal to see what the originally permitted parking time was. It is not unusual for an unregulated parking company to arbitrarily reduce the permitted parking time at a site so they can increase their income.
Also ask if advertising consent has ever been approved for the signs. It's a criminal offence not to have it, although only the council can pursue it, and it is a breach of para 12 of the PoFA not to have it.

If the parking time has been reduced, complain to the council planning office.

Complain to your MP.

Complain to the landowner if the site isn't owned by ASDA, and in any case, complain to the CEO of ASDA about the sharp practice of reducing permitted "shopping time".

If it is a big store with a cafe and pharmacy then more people will get caught out and decide to shop elsewhere. ASDA needs to be made aware of this.

Jenni_D

Keep a copy of that letter/email from Asda. If PE were stupid enough to try a court claim then you'd have evidence that PE were acting against their principal's instructions.  

London95time

thanks, will contact the council and will definitely keep ASDA emails!

Coupon-mad

And get your MP to complain to Asda and ParkingEye for you, and to raise your example case with Mr Gove at the DLUHC, to ask if the Minister responsible for the new Government statutory code thinks it is acceptable for parking operators to refuse to cancel PCNs when their client supermarket asks for cancellation to protect their customer.

A charge with no legitimate interest fails the Beavis case test and is an unrecoverable penalty.

If Asda told P/Eye they wanted the PCN cancelled, as is allowed in the ParkingEye User Manual for clients, and if this was before POPLA commenced, why did P/Eye not bow out of POPLA and cancel, given there was no longer a legitimate interest to pursue any charge?