Smart Parking £40 invoice for Asda car park **Cancelled by Smart Parking**

[jacktheband]

Recently I went to Asda to do a bit of shopping. I noticed the notice board upon entry to the car park clearly limiting the parking duration to a maximum of 2 hours.

 

I drove around the car park until i found a spot and then parked. I wondered off for an hour and a half or so to do some shopping elsewhere. I came back to the car and changed my son's nappy (in the back of the car) whilst my missus went into Asda to pick up some groceries and essentials. I then realised that i had been parked for 5 minutes short of two hours. I therefore drove out of the space and circled around the car park for a few minutes, drive behind the superstore, drove back and finally picked up my missus from the front of the store (on double yellows) before driving out of the car park.

 

Approx 1 week later i have received a 'Parking charge notice' from Smart Parking on behalf of Asda. This shows the time i drove into the car park, and the time i left. (being approx 2 hours 15 mins). They want to invoice me £40 for this, or £70 if i don't hand out my money quickly (14 days).

 

Normally, i would file this in the bin and ignore completely as a 'speculative invoice' with no grounds for the claim. However, i notice more recent advice on CAG is to not ignore.

 

I have emailed Asda's Executive Relations team asking for them to get this claim ceased. They have asked for a copy of the charge letter and a copy of the receipt from that day, which they will then get in touch with the store to discuss. I've sent them a photo of the letter and a receipt from my shop in Asda today (i haven't kept the receipt from the shop on the day in question).

 

What is the best next steps if the Exec Team don't come back with the answer i want? I take it that ignoring is not the way to go anymore? My mindset is that the car was parked for less than 2 hours and therefore no contract was broken. The car did enter and leave the car park with more than a 2 hour gap, but the signage clearly stated that the 2 hour limit was for parking and not for being in the car park.

 

Hoping someone can help or advise. Cheers.

[Stigman]

Hi,

 

Your correct in do not ignore.

 

You need to appeal this to Smart Parking who will instantly reject your appeal no matter how valid your point, when this happens in their rejection letter will be a code to appeal to POPLA.

 

When this happens, please come back for full advise.

 

Please take notice of the time limits to appeal both to Smart Parking & then to POPLA.

 

Stigman

[jacktheband]

I was thinking of waiting to see what Asda's exec team can do before going down the appeals route. What time scale have i got to actually lodge the appeal? And what is the POPLA time limit? I can;t find this info in the stickies.

[Stigman]

The appeal time to Smart Parking should be written on the invoice that you received through the post (Mainly 14 calender days).

 

You can appeal online on their website here (Top Right) but grab screen prints so you have a record of this going through.

 

Stigman

[armadillo71]

Hi,

 

Your correct in do not ignore.

 

You need to appeal this to Smart Parking who will instantly reject your appeal no matter how valid your point, when this happens in their rejection letter will be a code to appeal to POPLA.

 

When this happens, please come back for full advise.

 

Please take notice of the time limits to appeal both to Smart Parking & then to POPLA.

 

Stigman

 

Above is the correct route to follow, along with complaining to asda.

 

Although the instantly reject and POPLA code is not always forthcoming from smart...

 

I was thinking of waiting to see what Asda's exec team can do before going down the appeals route. What time scale have i got to actually lodge the appeal? And what is the POPLA time limit? I can;t find this info in the stickies.

 

No, do not wait to appeal.

Appeal to smart as the reg keeper denying liability for the charge.

Add what happened if you wish, but refer to what ' the driver ' did, not what ' I ' did.

You have twenty eight days to appeal to smart according to their rules...

[jacktheband]

Hi all, to update this thread:

 

• I emailed the Exective Team at Asda. They said they'd look into it and contact the store manager if i could provide a copy of the letter from Smart Parking and copy of receipt from shopping on that day. I emailed them a scan of the Smart Parking letter and a scan of a later receipt from another purchase at Asda, along with an explanation that 'the driver' is an ongoing customer of theirs but no longer has the receipt from that day. They replied that without the receipt from the purchase on the day they can be of no further assistance.
  
• I used the online appeal process on Smart Parking's website, outlining that the driver does not recognise the legitimacy of the claim, parked within the rules and the amount they seek is not a reflection of any loss that they claim to have had. This was approx 3rd September. No reply as yet.
  
• Completed the Smart Parking online appeal form again as no reply. Did not enter into any further details apart from to confirm the original appeal was sent at beginning og September and no reply received, also reiterating that a POPLA reference is given if their charge is not cancelled. No reply as of yet. This was on 11th September. I took screenshots this time to hav some evidence of the time/dae of direct appeal.
  

 

So i'm currently awaiting to hear from Smart Parking regarding my appeal (from reading other posts i'm expecting this to be an automatic reject from them). Are there any timescales that Smart Parking need to provide me with their outcome/POPLA reference?

Edited September 12, 2014 by jacktheband
missed a bit, and some bad spelling

[jacktheband]

Just a cheeky bump. Anyone know the timescales i should expect from hearing back from Smart Parking regarding my appeal? Is there a maximum time, after which they lose any right to pursue?

[ericsbrother]

they have 35 days to make a decision and issue POPLA code if they reject your appeal. Smart parking are poorly named in this respect. If you do get the POPLA code use the parking pranksters code checker to see when they applied for it as some companies have a habit of sitting on the rejection letter to run the clock down and then try and lie their way out of a complaint.

If you want to busy yourself in the menwhile compplainto the BPA about their member abusing the appeals system and ask them what they are going to do about it.

[jacktheband]

Just a final update on this one. This morning i have had an email from Smart Parking advising that thay have now cancelled their parking charge notice.

 

A reiteration of the steps i took:

 

• Emailed Asda exec team who wouldn't help me unless i had a receipt from that day's hopping
  
• Completed the Smart Parking online appeal form and took screenshots to prove it was completed
  
• The appeal only mentioned that i deny the request for payment, the charge is not proportionate to their loss and that if it is declined then i want a POPLA code
  
• Email received today from Smart PArking that they have cancelled the charge
  

 

Just thought i'd share, as i was expecting them to decline the appeal automatically and for me to take it to POPLA.

[silverfox1961]

Hi

Well done for seeing this through. It is quite interesting that they cancelled the charge with very little fight. Perhaps they are sick of losing at POPLA

 

I will amend the thread title to show your success

[DragonFly1967]

Perhaps they are sick of forking out £27 a time to lose at POPLA

 

Fixed that for you

 

Nice result for the OP too

[ericsbrother]

Yep, they are just saving themselves the £27. Let Asda know that the parking co refused to issue the POPLA code and messed you about until they intervened and thank them for their help. Copy letter to BPA

Doesnt matter if Asda did or didnt help you, it shows the BPA that people will seek redress elsewhere when their members misbehave.

[Stigman]

Excellent news, move the email into a safe folder for future reference should the need arise.

 

Stigman