Parking Eye PCN - Asda Car Park PLAN A - CANCELLED by Retailer

BTBATOG

Good evening,

I have received a PCN as the keeper and whilst at no point does any of this post constitute absolute liability (not that it matters as the wording of the PCN appears to be POFA2012 compliant anyway), just asking the question & was wondering whether there is any point in pursuing this on the grounds of poorly placed / unclear / badly lit signage and PDT machine area if nothing else?
My initial guess would be no, and the person responsible should just suck it up and move on as whilst having purchased items from Asda, in honesty, the whole period of parking was not spent in-store, however, having obtained some photographic evidence it seems to me that whilst the signage is present, and having dealt with an unscrupulous PPC on a previous occasion, I am not totally convinced that all is as it could or should be at this particular car park...that said, it seems unwise to pursue a matter where the responsible person was clearly at fault for failing to pay the parking fee, albeit through a genuine need to get home quickly and subsequent mind slip, and I'm not of that mind set thinking PPC's are ALL bad, particularly ones that (as is the case here seem fair and) offer the opportunity to pay before exiting the car park.
Anyways...pics attached and any words of wisdom / advice would be greatly appreciated please. TIA.

KeithP

What did Asda say when you asked them to cancel the ticket as a valid valued customer of theirs?

BTBATOG

I haven't approached them yet to be honest KeithP...going to pop in on the way home from work later.

Having read many posts on here though I'm not holding my breath ;-)

Fruitcake

Plan A is always to complain to the landowner and in this case also to the store manager and/or CEO (not customer services), and your MP.

You haven't included images of the Ts and Cs warning motorists what will happen if they overstay or don't pay. You need to get photos of those signs as well.

Umkomaas

Asda will cancel. See the manager (not Customer Services).  Take receipt for the day (or cc/bank statement showing transaction) and any proof of previous transactions to show regular Asda patronage (even if at other Asda stores). Be assertive and polite.

fisherjim

Those signs are a disgrace and do not IMO conform to the BPA COP.

For example apparently the reason for anpr on site is for " collating statistical data on behalf of the owners (or their agents) and in some cases the tenants or retailers at the site to establish dwell times and traffic numbers" utter cobblers.

Where is the signage stating the terms and conditions of parking and the PCN value that Parking Eye will extort for infringement?

The BPA COP clearly states:

20.3 If the driver breaks the contract, for example by not
paying the tariff fee or by staying longer than the time
paid for, or if they trespass on your land, they may be
liable for parking charges. These charges must be shown
clearly and fully to the driver on the signs which contain
your terms and conditions.
20.4 If you want to enforce a parking charge notice under the
keeper liability provisions of POFA 2012 you will need to
show how you brought the requirement to pay parking
charges to the attention of drivers. See paragraphs 2 (2)
and (3) of Schedule 4.

How long did the driver over stay it clearly states on the signage:

Stayed for under 2 hours?

No action required, you may exit the car park

That's a trap if ever I saw one.

I think this whole car park from the signage is a total disaster and it obviously has never been audited by The BPA and Parking Eye should hang their greedy heads in shame.

BTBATOG

I tried to upload additional images this morning but it seems my Bluetooth connection was short on coal!!

Will upload later for a clearer picture.

Will upload the redacted PCN too

Thanks all

BTBATOG

Here are some other signage pics and PCN as promised

BTBATOG

....and eventually

Umkomaas

PoFA compliant NtK both in terms of dates and 9(2)(f) warning. An Asda cancellation is imperative. 

BTBATOG

Thanks Umkomaas...I guessed it was