Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Smart Parking PCN received today - Asda, Sheffield


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3533 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, i'm new here...

 

I've just received in the post today (18th October 2014) a letter from Smart Parking... a Parking Charge Notice saying that on Wednesday 1st October, my vehicle entered the Asda Sheffield site at 08:52, and exited at 16:46... with a picture of my number plate on these occasions. It says I have 14 days from the date of the letter (16 October) to pay £40, then it goes upto £70.

 

Obviously, this is a load of rubbish, as for whatever reason they've not recorded that I left the Asda car park at approximately 09:00 (having purchased newspapers for my next door neighbour... after this I went (in the car) to work, and was at work until approximately 16:30 - on the way home, I popped into Asda again to pick up something else... I didn't keep any receipts (as I don't usually expect to have to return newspapers, and had no reason to expect to get this stupid PCN). I then left the car park again at 16:46.

 

Between 9:30 and 12:00, I (along with around 100 work colleagues) were at our company's Quarterly Employee Meeting at the local Holiday Inn for 2.5 hours - i've got a number of people who can confirm I was there if needed. I was then back in the office and I have work emails I sent out between 14:00 and 15:55 showing I was in the office... and there is absolutely no way on earth I would have parked at Asda all day and then walked down Sheffield Parkway, rather than parking in my own spot in the office car park!

 

So, I know that this is either an error or a con on their part, I just want some advice on how to proceed... having read someone else's response on another thread, it appears ignoring it is not the best option (though on some other sites some people do just say to ignore!).

 

I haven't had any involvement with this kind of thing before, so don't know what POPLA is (that was mentioned on other threads), or what I should and shouldn't say. I had been tempted to go back upto Asda and goto Customer Services, saying something along the lines of if they don't do something to get this cancelled ASAP, I won't be shopping there again, and that'll cost them a darn sight more than £40 a week! But as i've already been upto Asda this morning to do some shopping (before I got the letter), i'm wary of going in there a second time today... in case their camera is 'faulty' again.

 

Any advice greatly appreciated - and just a warning to others who may visit the Asda twice in the same day, keep your receipts!

Link to post
Share on other sites

Hello and welcome to CAG. The forum guys should be along later.

 

In the meantime, here are links to a couple of forum stikkies for you. The first one is about the CAG stance on not ignoring the letters and the second is a list of the abbreviations you're likely to see.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?412953-Have-you-received-a-fine-from-a-Private-Parking-Company-DO-NOT-IGNORE-IT

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?168275-Posting-in-this-Forum-please-read

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

I've just received in the post today (18th October 2014) a letter from Smart Parking... a Parking Charge Notice saying that on Wednesday 1st October, my vehicle entered the Asda Sheffield site at 08:52, and exited at 16:46... with a picture of my number plate on these occasions. It says I have 14 days from the date of the letter (16 October) to pay £40, then it goes upto £70.

 

I'd be tempted to write back and say, "you had 14 days to send the notice to keeper, you've failed, jog on" spiteful.gif

 

Basically, when your vehicle is 'captured' by ANPR, the POFA 2012 and the BPA/IPC guidelines, give the PPC's 14 days in which to contact the keeper. Even being very generous and allowing 1 day for processing, this still means that they're 2 days late, and therefore cannot make a claim against the vehicle keeper using the POFA 2012. But can continue to make a claim against the driver.

 

But, of course, to do that, they'd need to know who the driver was, and you have absolutely no obligation to give them that information. lol.gif

 

 

I'm sure others will be along soon with a suitable wording for your letter telling them to get stuffed. thumbup.gif

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

Link to post
Share on other sites

Para 9 of the POFA allows 12 days + 2 days for service not including the day of the alleged breach. This means that they are timed out to pursue the keeper as stated above.

I would respond by telling them this and saying that if they wish to continue to pursue you they should provide evidence of a contract between them and you that does not rely on the PoFA as no keeper liability now exists.

They will probably write back with a load of waffle saying that they have 14 days after any time thy choose, that fairies did put a ticket on the car but it was magicked away etc. None of this will be true but unless they give you a POPLA code what they say is pointless and even then they are just going to lose money so dont worry about this too much.

Link to post
Share on other sites

An update: I went upto Asda this morning as soon as it opened, and went straight to Customer Services and asked to see the Store Manager (and named him). They said he was out today, but his assistant would come down. I had the original PCN, a photocopy to give them, and a printout of the list of purchases I'd made at Asda in the last 2 months... it was a significant amount!

 

 

I explained the situation - that I'd left the car park at 9am, been at work most of the day when they claimed I was in the Asda Car Park, and then returned after 1630...and that we were regular customers (showing her the number of occasions I'd been there, and many occasions of multiple purchases on the same day) and that getting letters like this just was not on.

 

 

She said no problem, I will get that cancelled for you, and explained the ANPR may have missed my car leaving if the car behind or in front had been too close, and had obscured my number plate... and the fact I'd been in there many times more than once a day shows this was just a mistake. She said for me to ignore or bin any future letters that may come regarding this, or if I want to bring them back to the store and they would follow up again... of course, I will keep any paperwork just in case!

 

 

Sometimes, it's just a case of giving the store owner a chance to show they value customer loyalty, and this time their quick response to close this issue down straight away shows that they do. Just glad I won't have to faff around with an appeal!

 

 

Thank you for your responses and advice :)

Link to post
Share on other sites

If you have no written confirmation that the charge is cancelled, then you may still have to appeal to smart parking.

 

Take nothing for granted until you have proof of cancellation.

Link to post
Share on other sites

As the letter is dated 16 October, if I did submit an appeal as long as I do it by 30 October that's okay?

 

The lady at Asda indicated that she would take care of the cancellation and not to worry about any letters that may come - if I don't get a letter of cancellation before 30 October, I suppose I could still submit an appeal just as a safety net... would you mention in an appeal to Smart Parking that i've already discussed with Asda and they agreed to cancel it, or just stick with the standard appeal script?

Link to post
Share on other sites

You have twenty eight days to submit your appeal to the operator according to the CoP that they must follow.

 

The reduced amount 'offer ' means nothing as you will not be paying anything anyway...

 

I would give Asda a week to provide proof that they have told Smart to cancel, then I would send in an appeal to the operator.

 

Come back for guidance on how to word your appeal.

 

( Hopefully you did not identify the driver to asda, but it shouldn't matter as they are telling smart to cancel the charge. But update with any letters you get please, as you may need to respond. )

Link to post
Share on other sites

I would write back to the Smart Parking, and advise them that you have discussed the matter with (insert ASDA woman name) at the ASDA store in question on date xx/10/2014 and she agreed to have the charge cancelled - copy in ASDA woman & the Store Manager. Advise Smart Parking to address all further correspondance to ASDA Woman & Store Manager.

 

That way, everything is in writing and everyone knows what has been agreed, if Smart Parking disagree then you can just pass it to ASDA woman.

Link to post
Share on other sites

All a waste of time as they are in the wrong and it will go nowhere if you do nothing. If you have identified the driver then they are still entitled to sue the driver.

Timed out means that you have to do nothing and I would suggest that a short letter telling them that they arent entitled to rely on the POFA as their NTK was out of time and that any furhter correspondence with you as the keeper will result in a complaint of harassment as both a criminal act and civil tort.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...