ASDA agreed to cancel parking ticket but ParkingEye pressing for payment

patient_dream

I agree with coupon-mad.

And on top of suing Asda, you will involve Parking Eye ?

I should wake up Asda that customers do not accept cowboys scamming them for money

D_P_Dance

I agree with CM.,  

London95time

Thanks very much for the suppport! Could you please let me know if the following is ok for the LBC to ASDA? any suggestions/amendments? (will prepare tomorrow the (shorter) document for ParkingEye)

Thanks in advance!

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

Summary of facts of the dispute

I received a parking ticket from ParkingEye (ref. ..., car registration ..., amount £70.00) after having parked at ASDA Sutton on the ../08/21. I understand ParkingEye are given authority to operate and issue Parking Charge Notices at the car park ASDA Sutton. I promptly contacted ASDA by email (../08/21) and explained them the situation. After having been contacted by ASDA Service Team and providing further details (../08/21), including a copy of the shopping receipt proving that I was a legitimate ASDA customer, ASDA kindly agreed to cancel the parking ticket (../08/21) and they told me they instructed ParkingEye to do so (ASDA ref. ...). Having seen no change on ParkingEye website and having received another reminder from them, I contacted ParkingEye on the .../09 using their appeal form and asking them to kindly update my records. ParkingEye replied on the ../09 confirming that they are not in receipt of sufficient evidence, so they did not cancel the ticket. I contacted ASDA by phone (.../09/21 at ...) and they confirmed that the cancellation request was already sent out to ParkingEye and advised to appeal to POPLA. I appealed to POPLA as advised (16/09/21); on the ./09/21 I received ParkingEye evidence to POPLA and they stated that “no cancellation request has been received from Asda”. On the ../10/21 I received POPLA decision (unsuccessful). On the ../10/21 I put forward a complaint with ASDA (ref. #...) and on the ../10/21 ASDA contacted me: “Asda will not and should not advise out customers to use POPLA as this is something we advise against and should only be used as a last resort. We haven't had any issues with Parking Eye cancelling at our request before”. On the .../10/21 I sent a SAR request to ASDA. On the ../11/21, I contacted again ASDA asking them to actually send (or resend) the cancellation request to ParkingEye – they said they will do. On the ../11/21, I sent a further email to ASDA asking for the preferred address to send further communications including the pre-action letter.

In brief:

-        ASDA promised to send a cancellation request to ParkingEye but they did not do so, leading to a) ParkingEye pressing for payment (£70) b) many hours of my time dedicated to attempting to solve the matter.

-        ASDA advised me to use POPLA over the phone, while later they confirmed by email this is something they advise against.

-        ASDA mishandled the cancellation request and thus abused my data by failing to process it properly and fairly, in accordance with Data Protection Act 2018.

From you I am claiming the sum of £293.50.

I have calculated this sum as follow:

-        £70 corresponding to the payment made under protest (cheque ref….)  sent to ParkingEye (....) in relation to the parking ticket ref. ....

-        £100 compensation for distress and abuse of my data by failing to process it properly and fairly.

-        £123.50 compensation for my time in dealing with the matter (6.5 hours charged at £19/h): ParkingEye appeal 0.25h (../09/21),  follow-up discussion with ASDA 0.25h (../09/21), appeal to POPLA as advised by ASDA including follow-ups 2.25h (1../09/21, ../09/21), complaint to ASDA 0.5h (../10/21), phone call with ASDA 0.5h (../11/21), letter to ASDA informing of my decision to send a pre-action letter 0.25h (../11/21), SAR request to ASDA and follow ups 1h (../10/21, 20/10/21). General admin, payment letter to ParkingEye, current letter: 1.5h

Listed below are the documents on which I intend to rely in my claim against you:

-        Correspondence with ASDA, including evidence from phone recording and from SAR;

-        Correspondence with ParkingEye;

-        ParkingEye statements and evidence submitted to POPLA.

In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

-        Contract in place between ASDA and ParkingEye on the ../08/2021 where ParkingEye are given authority to operate and issue Parking Charge Notices at the car park ASDA Sutton

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. 

I would invite you to put forward any proposals in this regard. 

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. 

I look forward to hearing from you within the next 28 days.

Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.

London95time

>If you think that no money is owed, why are you paying them,?  Why not challenge them to take you to court?

At this point I would like them (ASDA) to pay compensation for the distress, time wasted and abuse of my data, see above. Does it make sense or is it a poor idea?

Coupon-mad

You have a good reason to sue Asda.  You need to head it up 'Letter before Claim' and tell them you have concurrently sent a £70 cheque to PE to make them go away and avoid being put through an ordeal as a Defendant in court because they are giving you no further options.  By PE cashing your cheque, there will be a £70 provable loss caused by Asda reneging on their promise and that is the least that you will claim in court should Asda fail to settle that sum to resolve the dispute within 14 days.

London95time

good point, I have amended the relevant section in the letter before claim above as:

Letter before claim

[...]

On the xx/11/21 I sent a letter to ParkingEye with a copy of this letter before claim and a cheque for £70.00 – payment under protest.

[....]

-        £70 corresponding to the payment made under protest (cheque ref….)  sent to ParkingEye (....) in relation to the parking ticket ref. .... I sent this cheque to ParkingEye to make them go away and avoid incurring additional costs (e.g., debt recovery) as well as avoid being put through an ordeal as a Defendant in court because they are giving me no further options.

Thanks

Coupon-mad

 Not 'e.g. debt recovery'. PE add no costs except court fees.

What about this bit:

By PE cashing this cheque, there will be a £70 provable loss caused by Asda reneging on their promise and that is the least that I will claim in court should Asda fail to settle that sum to resolve the dispute within 14 days.

London95time

ok, was not aware that PE do not add costs (very surprised!)

why '... is the least that I will claim in court ...'. shouldn't I claim also for the time, abuse of data, and distress? is this just to give another chance to put things right quickly? but at that point, if ASDA confirms they settle the matter within 14 days, I would need to go to court for £70 to get the money back from PE (or ASDA)... do I understand this correctly?

Coupon-mad

I meant that you are prepared to accept Asda settling the £70 loss (and only that sum) if they act quickly, but if it goes to court you reserve the right to ask the court to assess a suitable sum for distress.  Plus your court fees and interest.

London95time

ok, thanks for explaining! here is the amendment. Tomorrow will prepare the letter for ParkingEye

-        £70 corresponding to the payment made under protest (cheque ref….)  sent to ParkingEye (xx/xx/xx) in relation to the parking ticket ref. ..... I sent this cheque to ParkingEye to make them go away and avoid being put through an ordeal as a Defendant in court because they are giving me no further options. By ParkingEye cashing this cheque, there will be a £70 provable loss caused by ASDA reneging on their promise and that is the least that I will claim in court should ASDA fail to settle that sum to resolve the dispute within 14 days.