Asda - Parking on Match Days

JustRaider

Asda - Parking on Match Days

The driver has been a customer of their local Asda for many years and 

never had an issue parking there. The driver was therefore surpised to 

receive a PrivateEye pcn for £70 for an overstay of 14 minutes in the 

car park. The driver had parked for 1 hour 44 minutes.

Apparently the wording on the parking signs had been amended 

just weeks before the driver parked there. The original signs stated a 

maximum 3 hour stay but the wording  "1 1/2 hours max stay on 
Match/Event days" had been added to the new signs. The size of the text 

for this new wording was much smaller than the "Maximum 3 Hours" text.

As this was the only change, the original signage looked identical to 

the amended signane so there was no reason to check the wording. Also 

even if the driver had  the known  about the new rule how would he/her 

know that a sporting event was taking place that day. Would the driver 

have to check with the secuity man at Asda on their every visit if this 

was the case ? After receiving the pcn the driver phoned the security man
who stated there was a sports event taking place that day. 

Is it fair for the driver to be charged £70 when he/she was a genuine customer
of the store and did not use the car park to attend any sporting match ?  

Does anybody on the forum have any experience of this type of scenario ?

Fruitcake

It is unusual, but not impossible, for a driver to receive a windscreen notice from ParkingEye. Much more common is for The Keeper to get a notification in the post. Please confirm which has happened.
The Keeper should complain to the landowner, and the manager and/or CEO of Asda first. If that is unsuccessful then The Keeper should appeal using the template in blue text they will find in the NEWBIES. The Keeper should also complain to their MP.

The Keeper should look at the BPA CoP with regards to changes in Ts and Cs, sometimes called a bedding in period, and complain to said BPA that warnings were not in place before the changes took place.

In addition, The Keeper needs to check with the local council planning department to see what permitted parking time was stated on the planning approval for the site, and if the operator has obtained Advertising Consent for the signs. Not having it is a breach of the PoFA 2012, paragraph 12, as well as being a criminal offence, although only the council can pursue the latter.

The Keeper also needs to compare the NTK if/when it is received to determine whether or not it is a Golden Ticket that cannot hold The Keeper liable.

The driver should sit on their hands in the corner and say and do nothing at the moment.

Umkomaas

Yes, the point about whether the NtK was a 'golden ticket' is one to check. Sometimes PE issue these when they're on thinner ice than with their 'standard' parking events. 

As a regular customer, have you asked Asda to cancel - they normally do?

JustRaider

Apologies for not making this clear.
I received a Notice to Keeper through the post.

JustRaider

Just checked BPA CoP with regards to changes in Ts and Cs.
There is Section called "Material Changes" :

"Where there is any material change to any pre-existing terms and conditions that would not be immediately apparent to a driver entering controlled land that is or has been open for public parking, the parking operator must place additional (temporary) notices at the site entrance for a period of not less than 4 months from the date of the change making it clear that new terms and conditions/charges apply, such that regular visitors who might be familiar with the old terms do not inadvertently incur parking charges.

Examples of material changes can include introduction of parking enforcement where none has previously applied, introduction of time-limited free parking, or reductions in the time limit within which free parking is available. Given the need to avoid confusion and clutter at entrances the test is whether the fact that a change has been made is clearly signalled to drivers on entering the land and the nature of the change is clearly displayed thereafter - it may also be necessary to install repeater notices depending on the scale of the premises."

The signs in the ASDA car park  had been changed only a few weeks before the day in question.

Warnings of the change should be there for at least 4 months (as detailed above).

There were no warnings of the changes on that day, so the BPA CVoP rules have been broken.

Will this evidence help my appeal in any way  ? 

Jenni_D

Probably ... but Plan A is always the best option. Complain to Asda, tell them that you were a customer on the day* and were entirely unaware of a) the change in signage terms, and b) that there was even a sporting event happening. Insist that they cancel the charge.

* include a copy of the receipt (if you have it) or a redacted copy of the card statement for the card you used for paying.

fisherjim

JustRaider said:

Asda - Parking on Match Days

....even if the driver had  the known  about the new rule how would he/her 

know that a sporting event was taking place that day.

Exactly, I have absolutely no interest in football what so ever so wouldn't know if it was a match day or Michaelmas Day unless the scamming muppets supposedly managing the car park placed prominent signage to that effect on the day in question.

Asda should be approached to cancel this unfair charge as a first step, why are they allowing their bona fide customers to be harassed by their contractors .

When this gets to POPLA this should also be one of the items brought into the lack of signage section.

Half_way

What type of event was taking place at the ASDA, or in the ASDA car park?

As above, contact ASDA. but do not ever phone, you should also complain that the £70 is above the government limit , and then complain to ASDA again stating that yuou were under 3 hours and as no event was taking place in the car park/on the premises and  as such their agents haver accessed your details without just cause, in turn causing ASDA to breach GDPR

Umkomaas

you should also complain that the £70 is above the government limit

PE are one of the few PPCs who don't add this to their PCN. 

JustRaider

Just checked the Notice to Keeper. It is PoFA compliant.

Thanks to all for the advice.  Yes, "Plan A " is best at this 
 stage - Write letter to Manager at Asda store.

Fruitcake

... and/or email the CEO. Make sure you include the PCN number and your VRM.