ASDA agreed to cancel parking ticket but ParkingEye pressing for payment

London95time

1) I believe advertising consent not been approved for the parking signs related to the Customers Car park erected by ParkingEye - signs are 600x800mm, above 0.3m2, thus PE signs DO NOT fall within advertising consent. I have just put forward a complaint with the local authority so they will investigate

2) thanks for the suggestion to contact my MP (and all details provided in the post), will definitely do!

What is interesting is that while PE confirmed they accepted my communication about ASDA cancelling the ticket, they stated in the POPLA defence that "Please be advised no cancellation request has been received from Asda." (just noticed this). So maybe it is really ASDA fault. POPLA however are really unfair in their decision (I sent them all evidence required).

Fruitcake

London95time said:

1) I believe advertising consent not been approved for the parking signs related to the Customers Car park erected by ParkingEye - signs are 600x800mm, above 0.3m2, thus PE signs DO NOT fall within advertising consent. I have just put forward a complaint with the local authority so they will investigate

2) thanks for the suggestion to contact my MP (and all details provided in the post), will definitely do!

What is interesting is that while PE confirmed they accepted my communication about ASDA cancelling the ticket, they stated in the POPLA defence that "Please be advised no cancellation request has been received from Asda." (just noticed this). So maybe it is really ASDA fault. POPLA however are really unfair in their decision (I sent them all evidence required).

That doesn't make sense. I think you "mean does not comply ..."
Any sign greater than 0.3m2 does need advertising consent in accordance with the Town and Country Planning Act.
(This does not apply to signs that simply say things like Entrance, or Doctor's Surgery etcetera).

London95time

agree, this is a typo, thanks for pointing this out.

Signs are 600x800mm, above 0.3m2, thus PE signs DO fall within advertising consent. Thus these signs require ‘express consent’ under Class 2, Schedule 3 of the Town and Country (Control of Advertisements) (England) Regulations 2007.

Coupon-mad

Hmmm, unusually, this is a rare case where one option is: you could pay then sue Asda for that sum...plus, say £100 compensation for distress, harassment and misuse of your data.

I reckon they'd pay you on receipt of a well worded LBC referring to the DPA 2018 re failure to process data fairly, and the PFHA re (apparently) negligently letting their litigious parking firm carry on.  And attaching the evidence that the Asda staff promised to cancel it but didn't, and caused you actual loss and serious distress.

London95time

that's very good idea! paying PE and then complaining to ASDA and asking them to compensate for their poor procedures. many thanks!

Coupon-mad

Not complaining. Sending them a legally and robustly worded LBC making it clear you will sue.

I would set the scene for that now with an update to your Asda complaint, warning them that this is what you intend to do and asking them if they will offer a suitable ADR or settlement to pay off ParkingEye and resolve the dispute, given that ParkingEye's evidence to POPLA stated that Asda had NOT sent a cancellation email as promised.

Give Asda 14 days to come back to you and tell them if they fail to deal with this to your satisfaction during October, you will under protest, pay their litigious agent and due to the distress caused and lack of due diligence by Asda, you will seek that sum plus not less than £100 compensation for distress and abuse of your data by failing to process it properly and fairly, in accordance with DPA 2018.

Set a deadline for impasse.

You may want to also state you will contact the national press and will post and tweet about your treatment by Asda and Parking Eye, and will ask your MP to contact the CEO of Asda. 

Then in November, if they've failed, send a LBC with your evidence of what Asda said and what ParkingEye said.  LBCs can be found by Googling.  You don't need a solicitor.

London95time

fantastic help, many thanks!

If I understood correctly, I should 1) first wait ASDA to come back to me (probably on Monday/Tuesday, they are usually quick), and 2) if the reply to my complaint is not satisfactory, then I will proceed with the suggested letter asking ASDA if they will offer a suitable ADR or settlement wtih all the details above. 3) if anything fail, pay PE, contact MP, and send a LBC.  thanks!

D_P_Dance

If Asda do not oblige, try writing bad stuff about the pub on social media.  

KeithP

D_P_Dance said:

If Asda do not oblige, try writing bad stuff about the pub on social media.  

Pub? What pub?   

Le_Kirk

KeithP said:

D_P_Dance said:

If Asda do not oblige, try writing bad stuff about the pub on social media.  

Pub? What pub?   

I think @D_P_Dance is getting confused between this post and another one today which featured a pub, also ParkingEye. This one Today at 3:02PM