Freeedoms Bill - A lot of questions answered here.

[Dan6470]

Also see the link above

 

Mouse over the word IGNORE in this reply and follow the info

 

I've looked at both the above mentioned links and I am somewhat confused. Since I am both the driver and the RK do I ignore which the first link seems to advocate or do I write to Sainsburys as the second link advises?

 

One further point, I went back to Sainsburys yesterday and took a photograph of the sign:

 

[ATTACH=CONFIG]43513[/ATTACH]

 

Does the wording on the sign mean the terms and conditions of parking in the car park? I ask this because it doesn't explicitly say "Terms & Conditions".

Also, what would be the situation if I didn't shop in Sainsburys but used the Car Park?

[DaveyBT]

... do I ignore which the first link seems to advocate or do I write to Sainsburys as the second link advises?

You have three choices - ignore everything (except potential (unlikely) court documents), "Appeal" to Smart Parking and then to POPLA or "Appeal" to Sainsburys. There are various pros and cons (and issues involved) with each approach - also depending on how much effort you want to put into it. Don't send them any money under any circumstances and don't tell them who was driving. Read through both links, plus other Smart Parking / Sainsbury threads on here and on Pepipoo to get the gist of the various issues involved.

...Also, what would be the situation if I didn't shop in Sainsburys but used the Car Park?

Probably no different but if you've got a receipt from Sainsburys for the date and time in question then keep it in a safe place. They can't sue you for trespass (because the car park is available to the public) and because parking is free then they can't claim any financial loss through breach of contract. Smart Parking is NOT the landowner and therefore probably cannot initiate legal proceedings in its own name (or Sainsbury's name) for breach of contract. The amounts shown do not reflect reasonable costs or pre-estimates of losses and are in effect "fines" or "penalties" for alleged breach of contract, which cannot be enforced in court. The signs and terminology do not conform to the BPA Code of Conduct and they do not mention any membership of BPA therefore RK liability does not apply, and in fact you could complain to BPA - and to DVLA for releasing your personal data to a non-compliant "Approved" Operator

[Dan6470]

Thank you for the advice.

 

Dan

[dx100uk]

ignore them

 

dx

[dx100uk]

thread now closed

if you have issues

start your own thread

 

see below

 

dx