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  • FIRST POST
    • HuffandDoback
    • By HuffandDoback 12th Feb 18, 2:51 PM
    • 23Posts
    • 14Thanks
    HuffandDoback
    Free Parking Overstay
    • #1
    • 12th Feb 18, 2:51 PM
    Free Parking Overstay 12th Feb 18 at 2:51 PM
    Hi
    I've spent a considerable amount of time trying to get my head around the newbies thread and other relating advice but can not seem to find much on charges relating to the overstaying in a free parking car park. (unless I'm looking in the wrong places, forgive me!)

    The driver parked in a Shopping Centre from 9pm to 1am to go to a pub down the road(not part of the centre) for a few soft drinks. They did not realise the free period was only 3 hours so the registered keeper has received a parking charge in the post. There is enough signage that they did not read so it is their own fault.

    They planned to pen an email to Asda, part of the centre, to complain and tell them they are a regular customer and then use the template from Newbies to appeal to UKPC.

    However, They want to know, should this go to court, do they have a leg to stand on as they have clearly broken the contract?

    They thought they could use the fact that Asda shuts at 11 and the other shops are 10 or significantly earlier so this is not a loss of business, but I have seen a post somewhere that this is not a valid argument anymore.

    I appreciate any help. Thanks.
    Last edited by HuffandDoback; 12-02-2018 at 3:48 PM. Reason: advice
Page 1
    • The Deep
    • By The Deep 12th Feb 18, 3:05 PM
    • 9,209 Posts
    • 8,979 Thanks
    The Deep
    • #2
    • 12th Feb 18, 3:05 PM
    • #2
    • 12th Feb 18, 3:05 PM
    They are all scammers, and this is a scam, so do not blame yourself

    See what Parliament thinks about the industry here

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    With a fair wind they will be toast by Christmas. Add to their woes, complain robustly to your MP, quoting from the Second Reading of Sir Gregg Knight's excellent Bill.
    You never know how far you can go until you go too far.
    • Quentin
    • By Quentin 12th Feb 18, 3:09 PM
    • 35,602 Posts
    • 19,818 Thanks
    Quentin
    • #3
    • 12th Feb 18, 3:09 PM
    • #3
    • 12th Feb 18, 3:09 PM
    Throughout here you are advised never to reveal who was driving.


    You need to edit your OP to remove details of who was driving
    • KeithP
    • By KeithP 12th Feb 18, 3:09 PM
    • 7,209 Posts
    • 6,710 Thanks
    KeithP
    • #4
    • 12th Feb 18, 3:09 PM
    • #4
    • 12th Feb 18, 3:09 PM
    Do what you are planning to do - send the template appeal and complain to ASDA.

    So you didn't know there was a time limit?
    Was that because the signs weren't prominent enough?
    Or perhaps the signs were poorly lit?
    Was the £100 charge, or whatever the figure is, in large enough letters on the sign?

    Signs that you were unaware of are incapable of forming the basis of a contract.

    In other words, yes of course you have a leg to stand on.
    The driver has not 'clearly broken the contract' if a contract was never formed in the first place.

    Now, before you do anything else, edit your post to remove any clues to the driver's identity.

    For example, your second paragraph should perhaps start something like:
    The driver parked in a Shopping Centre...
    Review the rest of your post similarly.

    There is no place for the word 'I' when describing events on the day.
    .
    • The Deep
    • By The Deep 12th Feb 18, 3:15 PM
    • 9,209 Posts
    • 8,979 Thanks
    The Deep
    • #5
    • 12th Feb 18, 3:15 PM
    • #5
    • 12th Feb 18, 3:15 PM
    PE's signs in my local ASDA are appalling. Masses and masses of unparagaphed print in a tiny font. Do they really expect someone to read all that guff before popping in for a tin of beans?
    You never know how far you can go until you go too far.
    • HuffandDoback
    • By HuffandDoback 12th Feb 18, 3:39 PM
    • 23 Posts
    • 14 Thanks
    HuffandDoback
    • #6
    • 12th Feb 18, 3:39 PM
    • #6
    • 12th Feb 18, 3:39 PM
    They were not aware of the time limit but simply because they naively thought it was always free and did not read the signs. There are signs on entry and all around the car park from my memory. They hope to drive down at some point tonight to take pictures and gather any evidence they may need for future appeals that hopefully reveal poor lighting etc.
    Thanks again
    Last edited by HuffandDoback; 12-02-2018 at 3:49 PM.
    • Quentin
    • By Quentin 12th Feb 18, 3:44 PM
    • 35,602 Posts
    • 19,818 Thanks
    Quentin
    • #7
    • 12th Feb 18, 3:44 PM
    • #7
    • 12th Feb 18, 3:44 PM
    RNow you need to edit your latest post to remove more details of who was driving and complete the editing of the OP!

    The ppcs monitor this forum and can use your posts against you
    • Umkomaas
    • By Umkomaas 13th Feb 18, 5:40 AM
    • 17,579 Posts
    • 27,800 Thanks
    Umkomaas
    • #8
    • 13th Feb 18, 5:40 AM
    • #8
    • 13th Feb 18, 5:40 AM
    UKPC and Asda are not usual bedfellows (PE is Asda's preferred contractor after sacking Smart Parking).

    While there's no harm in complaining to Asda, it may be that UKPC we're contracted by some other body - like a Managing Agent, especially if the car park services more outlets than just Asda. You may have to do some more 'digging' for a landholder if Asda respond with a 'Sorry, can't help, not our problem'.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • HuffandDoback
    • By HuffandDoback 13th Feb 18, 5:12 PM
    • 23 Posts
    • 14 Thanks
    HuffandDoback
    • #9
    • 13th Feb 18, 5:12 PM
    • #9
    • 13th Feb 18, 5:12 PM
    As predicted, Asda have fobbed them off and told them to complain to the parking operator. They guess this will be futile so they will wait for UKPC to reject the appeal before going to Popla. In the meantime they will try to contact the landlord and complain to them although this will be a waste of time as they were in a pub, not part of the shopping centre, for the majority of the time.

    Are there any other proactive things to do or is the only option to just sit back and wait now?

    Thanks
    Last edited by HuffandDoback; 14-02-2018 at 10:15 AM.
    • KeithP
    • By KeithP 13th Feb 18, 6:24 PM
    • 7,209 Posts
    • 6,710 Thanks
    KeithP
    As predicted, Asda have fobbed them off and told them to complain to CPM.
    Originally posted by HuffandDoback
    Was that Asda's head office that 'fobbed them off'?

    Why did Asda suggest complaining to CPM?

    This is the first mention of CPM in this thread.
    .
    • Fruitcake
    • By Fruitcake 13th Feb 18, 6:44 PM
    • 36,627 Posts
    • 82,967 Thanks
    Fruitcake
    As predicted, Asda have fobbed them off and told them to complain to CPM. They guess this will be futile so they will wait for UKPC to reject the appeal before going to Popla. In the meantime they will try to contact the landlord and complain to them although this will be a waste of time as they were in a pub, not part of the shopping centre, for the majority of the time.

    Are there any other proactive things to do or is the only option to just sit back and wait now?

    Thanks
    Originally posted by HuffandDoback
    Different companies and different process to follow in the NEWBIES. Please confirm which PPC you are dealing with, and amend your post(s) accordingly.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • HuffandDoback
    • By HuffandDoback 13th Feb 18, 8:48 PM
    • 23 Posts
    • 14 Thanks
    HuffandDoback
    They copied in the ceo, Roger Burnley, into the complaint and received a reply from Asda Executive Relations.
    Their emails were to the effect of its not Asda!!!8217;s problem, they should not have overstayed and the landlord has the right to enforce the charge. They suggested to complain to the parking operator
    Last edited by HuffandDoback; 14-02-2018 at 10:16 AM.
    • Fruitcake
    • By Fruitcake 14th Feb 18, 12:25 AM
    • 36,627 Posts
    • 82,967 Thanks
    Fruitcake
    They copied in the ceo, Roger Burnley, into the complaint and received a reply from Asda Executive Relations.
    Their emails were to the effect of its not Asda’s problem, they should not have overstayed and the landlord has the right to enforce the charge. They suggested to complain to uk-carparkmanagement, which is CPM isn’t it? They were clear it was UKPC so I assume Asda made a mistake in saying this.
    Originally posted by HuffandDoback
    UKCPM and UKPC are different companies, and the appeals process for those two companies are completely different.

    Before you go any further, we need to know which company you are dealing with, as the advice for each company is completely different.

    What is the name of the company on the PCN?
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • HuffandDoback
    • By HuffandDoback 14th Feb 18, 9:51 AM
    • 23 Posts
    • 14 Thanks
    HuffandDoback
    The company on the Parking charge is UK Parking Control Limited
    • Fruitcake
    • By Fruitcake 14th Feb 18, 10:11 AM
    • 36,627 Posts
    • 82,967 Thanks
    Fruitcake
    The company on the Parking charge is UK Parking Control Limited
    Originally posted by HuffandDoback
    So nothing to do with CPM then. Please edit your previous posts to remove this confusing information.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Coupon-mad
    • By Coupon-mad 14th Feb 18, 12:05 PM
    • 57,473 Posts
    • 71,054 Thanks
    Coupon-mad
    So Asda caused this confusion and have no idea who is on site, and don't care about customers?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • HuffandDoback
    • By HuffandDoback 14th Feb 18, 1:08 PM
    • 23 Posts
    • 14 Thanks
    HuffandDoback
    Yes, apologies Asda created the confusion by referring to a different operator. It is not just their car park and they were not interested in helping as the driver did break the rules and went off site to a pub.

    Quote from Asda Executive Relations: "I'm very sorry you have received the parking charge however we wouldn't be able to cancel the charge and the landlord does have the ability to enforce the charge for customer who have overstayed. We do have these rules to ensure customers always have a space to park when shopping at the centre." Another earlier email said it was unlikely that an appeal would cancel the charge "especially since you have advised your friend visited the pub whilst the car was parked."

    Would it be advised to just wait for UKPC's refused appeal then appeal to Popla or are there other routes to explore that they have not considered yet?
    • Coupon-mad
    • By Coupon-mad 15th Feb 18, 12:14 AM
    • 57,473 Posts
    • 71,054 Thanks
    Coupon-mad
    Have you complained to the Managing Agents of the Retail Park (easy to Google in most cases)?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • HuffandDoback
    • By HuffandDoback 15th Feb 18, 4:01 PM
    • 23 Posts
    • 14 Thanks
    HuffandDoback
    Yes, emailed them and still waiting on the reply!
    • HuffandDoback
    • By HuffandDoback 23rd Feb 18, 10:15 AM
    • 23 Posts
    • 14 Thanks
    HuffandDoback
    Just a quick update:
    No response from the landlord but will send a chaser today.
    UKPC have sent one of their standard letters asking for the drivers details or the registered keeper will be accepting liability... this will be ignored!
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