Parking Charge Notice - Smart Parking - Asda

[Kaiserfarrow]

Hi,

 

My colleague at work has received a parking charge notice from Smart Parking, for parking on double yellow lines at Asda whilst she went to the cashpoint.

 

I read the forums here regularly, so understand that we may be able to successfully defend the legitimacy of their parking fee.

 

Can anyone outline, step-by-step, the process to challenge the ticket, or is it a case of 'Ignore' until/if they move to take it to court?

 

Edit: Just read updated advice on 'Ignore' and will pass that on.

Edited November 13, 2013 by Kaiserfarrow

[deadthings]

Something else to bear in mind is the nature of the car park. Our Asda car park has barriers, and there is a charge on the ticket to lift the barriers. However at 6 every night the barriers are raised and left open all night, I guess so they do not need to employ night time car park staff. Another cark park nearby has no barriers, and is open entry all round. I parked there and went to town to get money, and when I came back saw an £80 ticket on my windscreen. I decided not to pay as I felt they could not justify the charge of £80, simply for leaving the area. In order to offset this I purchased a couple of small items from one the shops on that site and kept the receipts in case of a claim. Never heard back.

They obviously need to justify their charges in relation to what is to all intents and purposes a 'free' car park. It's difficult to argue that they should have the right to charge you £80 for whatever their fee is on a free car park. As with the Asda car park if the barriers are lifted, and parking is free later, and long term visitors can leave for free after a time, then charging high sums would be difficult to charge for.

 

Apart from that do they even have the right to 'fine' you? So you parked on a double yellow in a private car park. Do they have any legal authority to charge you a large sum of money for doing so?

 

It would be interesting to see them argue any of this in court.

 

D.

[Kaiserfarrow]

Even better. They've listed the location incorrectly. Should be straightforward to challenge.

[Homer67]

Hi,

 

My colleague at work has received a parking charge notice from Smart Parking, for parking on double yellow lines at Asda whilst she went to the cashpoint.

 

I read the forums here regularly, so understand that we may be able to successfully defend the legitimacy of their parking fee.

 

Can anyone outline, step-by-step, the process to challenge the ticket, or is it a case of 'Ignore' until/if they move to take it to court?

 

Edit: Just read updated advice on 'Ignore' and will pass that on.

 

What is the parking invoice issued for? If it says anything like 'parking on double yellow lines' then they don't stand a chance as all road markings on private property are meaningless

[Scouse Magic]

Hi,

 

My colleague at work has received a parking charge notice from Smart Parking, for parking on double yellow lines at Asda whilst she went to the cashpoint.

 

I read the forums here regularly, so understand that we may be able to successfully defend the legitimacy of their parking fee.

 

Can anyone outline, step-by-step, the process to challenge the ticket, or is it a case of 'Ignore' until/if they move to take it to court?

 

Edit: Just read updated advice on 'Ignore' and will pass that on.

 

 

 

Oh Dear Dear Dear, It would appear that the lovely Smart Parking( formally TCP) are at it again!

 

One has sufficient knowlege of the world to realise that life does contain some very irksome matters.

 

As HOMER correctly points out, double yellow lines on private land is not applicable as it is not public highway or council and you were not causing obstruction. Please use the following to stop it dead in its track, adjusting to your needs as necessary and point out that the location is incorrect, so the charge is rejected and the debt is disputed!......Good luck.

 

• Tcp / smart Parking - send cheque to apologise over speculative invoice debacle!!!!
   
  
  Here's another victory this year, this time Town & City Parking, ( now Smart Parking)............
  
  
  My partner received a £70 invoice on 16th Jan 2013 with regard to an alleged parking contravention on private land.
  
  
   
  
  
  The event allegedly happened in Asda, and we had never been issued with a
  pcn
  
  and parking is free with a maximum stay of 3 hours.
  
  
   
  
  
  Will file drop all correspondence in order.....ENJOY.....
  
  
   
  
  
  21 January 2013
  
  
  Town and City Parking
  
  
  5 South Inch Business Centre
  
  
  Shore Road
  
  
  Perth
  
  
  PH28BW
  
  
   
  
  
  To Whom It May Concern:
  
  
   
  
  
  parking charge
  
  Notice Number: ********
  
  
   
  
  
  I refer to the invoice for £70 that you sent to me on 16th January 2013 with regard to an alleged parking contravention on Private Land. I note that you do not state what the alleged contravention is.
  
  
   
  
  
  I have complained to Rob Tippett, Store Manager of Asda Canterbury who stated,"He is more than willing to intervene if I hit a brick wall with you."
  
  
  I believe this matter falls under English Contractual Law because the matter does not relate to Public Highway or Council.
  
  
   
  
  
  My first point to you is this ... I have never received a
  parking charge
  
  notice at Asda in Canterbury although, I do shop there at least three times per week, but on the day in question, I was elsewhere. Therefore, your charge is rejected and the debt is disputed. I now require you to provide me with all of the following evidence.
  
  
   
  
  
  • Photographic Evidence clearly showing the charge attached to my vehicle at the time of the event in question.
  
  
   
  
  
  • A Copy of the charge notice.
  
  
   
  
  
  • Photographic Evidence of myself either in or standing next to my vehicle at the time of the event in question.
  
  
   
  
  
  • A Copy of the contract allegedly entered into.
  
  
   
  
  
  • A Copy of your Lease Agreement with Asda.
  
  
   
  
  
  Failure to supply me with all of the above evidence in light of your proposed threats, I will consider an abuse of the Court Process and Failure to prove Liability as in East Kent Hospitals Vs Fagan 2013.
  
  
   
  
  
  My Second point is that you do not own the land in question, therefore, you have no legal right to enter into a contract with a land user on behalf of the landowner, and so it follows that I cannot possibly breach a contract that does not exist - VCS Parking
  
  
  Ltd Vs HMRC 2012.
  
  
   
  
  
  Even if by some remote chance, you manage to persuade any Court that I am liable; my third point to you is the charge ...
  
  
   
  
  
  The Charge is a Penalty by virtue of the value of the charge. Indeed that particular car park at Asda is free of charge for customers with a maximum stay of three hours. In view of the fact that the Landowner suffered no loss of revenue, to suddenly ask me to pay £70 is a penalty charge and thus not recoverable in law. Excell Parking Services
  
  
  Vs Hetherington - Jakeman 2008.
  
  
   
  
  
  I would also point out to you that the signage at that particular site is inadequate and therefore contrary to the Unfair Contract Terms Act 1997.
  
  
   
  
  
  Now then ... Should you wish to escalate proceedings against me, I must inform you that I will consider this harassment to which I will seek remedy under Part V (40)Administration of Justice Act 1970.
  
  
  I will also be obliged to report your behaviour to the Office of Fair Trading.
  
  
   
  
  
  I trust that this concludes our business and it is the end of the matter, for which I would like confirmation by reply.
  
  
   
  
  
  Yours Truly
  
  
   
  
  
  ************************* ************************* ************************
  
  
   
  
  
   
  
  
   
  
  
  ...... Parking Charge Notice Number:*******
  
  
   
  
  
  Parking Charge Notice - Cancellation 12 March 2013
  
  
   
  
  
  Dear
  
  
   
  
  
  Thank you for your recent communication received.
  
  
  I have noted the points you raised and would like to confirm that we are cancelling the Parking Charge Notice.
  
  
   
  
  
  If I can be of any further assistance please do not hesitate to contact me.
  
  
  Yours sincerely
  
  
   
  
  
  Smart Parking Ltd
  
  
  Collection Department
  
  
  Smart Parking ltd also trading as Town and City Parking Registered Office: 5 South Inch Business Centre,
  
  
  Shore Road, Perth, PH2 SBW Registered In Scotland: Company Registration NO.SC138255
  
  
   
  
  
  ************************* ************************* ************************
  
  
   
  
  
   
  
  
  Miss *******
  
  
  16 March 2013
  
  
  Smart Parking Limited
  
  
  5 South Inch Business Centre
  
  
  Shore Road
  
  
  Perth
  
  
  PH28BW
  
  
   
  
  
  Whoever this may concern
  
  
   
  
  
  Parking Charge Notice Number: ******
  
  
   
  
  
  I refer to your recent communication dated 12 March 2013.
  
  
   
  
  
  Thank you for the cancellation of the alleged parking contravention.
  
  
  I now require that you reimburse me for my costs associated in this matter which
  
  
  consist of:
  
  
   
  
  
  2x recorded delivery letters at £ 1.55 each = £3.10
  
  
  Stationary and telephone costs = £4.00
  
  
  Total = £7.10
  
  
   
  
  
  I expect your response within 14 days of this letter.
  
  
   
  
  
  Regards
  
  
   
  
  
   
  
  
  ************************* ************************* ************************
  
  
   
  
  
   
  
  
  21 March, 2013
  
  
   
  
  
  Dear******
  
  
   
  
  
  Parking Charge Notice : *********
  
  
   
  
  
  Thank you for your recent communication received.
  
  
  I note your comments and as the
  pcn
  
  has since been cancelled for being incorrectly issued we attach a cheque in the sum of £7.10 in respect of your compensation claim.
  
  
   
  
  
  Please accept our sincere apologies for any inconvenience this may have caused.
  
  
   
  
  
  If I can be of any further assistance please do not hesitate to contact me.
  
  
   
  
  
  Yours sincerely
  
  
   
  
  
  Smart Parking Limited
  
  
   
  
  
   
  
  

  
   
   
   
   
   
  

[Kaiserfarrow]

Legendary. Thanks guys! Will respond accordingly, and update you in due course.

[Homer67]

Quality post SM, accurate, clear and concise information with real life experience and actual example to support it.

[Scouse Magic]

cheers folks