Smart Parking ticket - Asda car park - East Sunday

petersb1962

Good evening,
We were visiting family on the south coast over the Easter weekend. The meetup was in Poole on East Sunday. Not knowing the area and where to park, we found an Asda superstore car park located at Boat Quay and parked there.
Being Easter Sunday, the Asda store was closed for the entire day. As we parked up, I got out and checked around for signage indicating whether there could be a penalty charge by parking there. My memory isn't once what it was but if I saw anything that stated a ticket could be issued then I either would've purchased parking or parked elsewhere. I don't recall being alarmed over a possible ticket. We stayed for two hours in the early afternoon.

I've just received a Parking Charge Notice (PCN) from Smart Parking, specifically a Notice to Keeper letter, informing me to pay £100 reduced to £60 if paid within 14 days (ten days left now). The letter includes a photos of the front and the rear of our car, registration number present in both. It also states the arrival and exit times - totalling just short of two hours.

I'm surprised to received this as I don't believe I saw anything to warn me of a ticket. Having used street view to see if I can find signage around the bay we parked in, I can't. However, there is signage as you enter the car park which I didn't see as I was too focused on choosing a parking bay.

I have read the NEWBIES thread which includes blue text that could be used to appeal the PCN.
I would like to seek your guidance to whether we can avoid this £60 charge or if we have no defence and will need to pay it. It was Easter Sunday so I don't know if that influences matters. We cannot state we shopped at Asda as it was closed all day.

We don't want any further letters or threats of bailiffs or CCJs. We just want this matter closed and no more stress.
Do we have a defence or shall we pay the PCN?  Thanking you much. Peter.

ChirpyChicken

Don't be scared of letters.. they are harmless. Really don't understand that 
But follow my advice exactly given here
https://forums.moneysavingexpert.com/discussion/6606058/multiple-smart-parking-ltd-fines#latest

Gr1pr

£60 charge   ?  Surely it's a £100 charge   ?  The usual maximum 

Check the NTK PCN letter to see if the pcn complies with POFA 2012,  as explained in the newbies sticky thread in announcements 

Asda usually employ Parking Eye, not Smart Parking , perhaps it's a retail park   ?

The GSV pictures are 5 years old 

In future I would advise you to find a proper car park or public street or road,  not private property 

petersb1962

Thank you for your speedy responses. Much appreciated.
@Gr1pr you're quite right. I have just reviewed street view and note the image capture was June 2018. We have no means to check the signage now and we live up north and our family are in Hastings. Poole was a meeting place for the day.
I also believe you are correct in it being a retail park. On further inspection, as you drive into the area, there is an immediate entrance on the left for Travelodge, Costa, etc... If I didn't take this left and continued just twenty yards, there is another turning on the left for the Asda car park.
So it would seem we have parked in a retail park for Travelodge and Costa. Both of these business were open on the day, but we were not patrons of either. Steet View shows there is thirty minutes parking permitted (although the image is June 2018). Again, I don't recall seeing this signage on the day.

With this new information, should I still seek to understand if the PCN complies with POFA2012?  I have no idea what this is currently.

@ChirpyChicken thank you. Will you exact advice with this new information?
I shall research further tomorrow. Thank you both again.

ChirpyChicken

You don't need to do any further research and none of what you have posted is relevant(in fact completely irrelevant)
Simply copy and paste what you have been given on the link given.
Why waste your time doing anything else as its not needed
Trust us 

Coupon-mad

Seconded.

No research or facts needed. Copy & paste the usual words. They'll give up.

You couldn't have chosen an easier parking firm to beat!

Ralph-y

I know it sounds to simple .... it isn’t 

petersb1962

Ralph-y said:

I know it sounds to simple .... it isn’t 

Can you enlighten me on why it isn't simple?  Have you had troubling experiences?

ChirpyChicken

petersb1962 said:

Ralph-y said:

I know it sounds to simple .... it isn’t 

Can you enlighten me on why it isn't simple?  Have you had troubling experiences?

You have mis read what he has typed
Please just follow the advice previously given on how to beat smart parking 

petersb1962

@ChirpyChicken - I did misread as I found his conclusion in another thread where he entered a single sentence into POPLA and received a charge cancellation letter. It sounds very encouraging.

Attached is the PCN Information I've on the PCN/NTK letter. I've read the PoFA2012 Schedule 4 Paragraph 9(2)(b). Quite frankly, it makes no sense to me.


I've re-read the thread ink you provided @ChirpyChicken and I've re-read the NEWBIES thread.

Should I log onto the Smart Parking appeal process, which text am I to use:
Text 1:
Re PCN number:

"I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner."


Text 2:
"This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for driver details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw"


Should either fail, I am then to contact POPLA and use this text:
"This operator has no contract at this site to issue PCNS"


Do I have this correct?  Which text should I use?  Will I always receive a PCN cancellation letter for my records as I don't want something laying dormant only to raise its ugly head down the line.

Thank you so much.

ChirpyChicken

Yes you got that spot on 
Use text 2 
and yes cancelation email will come in due course