smart parking pcn from an asda car park

[jimmy mumu]

was in my local asda on 25th/3/2015.

 

 

apparently i overstayed the 2 hour time limit.

 

 

i was shopping there at the time .

 

 

do i pay this,

 

 

can they just send a demand for the cash.

 

 

there is a photo of our car.

 

 

where do i stand on this.

 

 

i always take my time shopping as i can't walk very fast but not normally so long.

 

 

any advice please. thanks

[dx100uk]

you certainly don't pay it no

 

 

its a speculative invoice

and sounds like it was an ANPR camera capture?

 

 

have to had the notice to keeper yet?

 

 

dx

[Dublindel]

Ask for a fully detailed pre estimate of loss.

Ask for a copy of contract with landlord.

Ask them to justify a discount as the pre estimate of loss means is an accurate loss figure so a discount means they are now causing themselves a Loss, cheaper if they cancel.

Deny the debt and you will continue to do so unless a court decides otherwise.

instruct them that beyond the appeal letter, You will charge £24 per letter if they try to harass.

[Ell-enn]

Make sure you write to their Birmingham Address and not the Perth address as they have moved and not changed their paperwork.. Apparently a postal redirection is in place, but a colleague wrote to them 3 times without getting answer (other than increasingly threatening computer generated letters) - we then found the new address and after sending one letter they dropped the charge. Tell them if they reject your appeal you want a POPLA code to appeal to them. If you have a receipt for your shopping at Asda attach a photocopy of it to your letter.

[i hate bailiffs]

I would also be getting on at ASDA over this not his customers should be treated

Ask them do they want you to shop elsewhere?

[f16]

You say you have a photo of your car from "smart *** parking. ....

 

What date did that land on your door mat ???

 

On an ANPR capture they have 14 days from the date of the "offence" to you receiving that first letter.

[jimmy mumu]

i received the letter today which is 15 days after the even, the date on the letter is the 2/4/15. the photo of the letter is below.

Edited April 8, 2015 by jimmy mumu

[f16]

Then they are timed out to chase the "keeper" and can now only chase the "driver". ..

They do not know who that is and you are under no legal requirement to provide them with the details.

 

Keep the envelope with the date stamp on it.

 

You will be making an appeal to them first. This will get rejected but give you the all important POPLA code.

At POPLA you will win.

[jimmy mumu]

there was no postmark on the envelope, it has been partly destroyed but i've managed to piece it back together.

[armadillo71]

15 days is in time for keeper liability.

 

(4)The notice must be given by—

 

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

 

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

 

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

 

 

 

But are they claiming it? Does the NTK mention the POFA 2012 and schedule 4?

[jimmy mumu]

it doesn't mention pofa 2012 or schedule 4 at all, this is exactly how the letter was typed. personal details deleted of course

PARKING CHARGE NOTICE - PLEASE DO NOT IGNORE

 

smart parking ltd have the right to seek payment of the parking charge for unauthorised parking of the vehicle on the land on the relevant date as the owner of the land, on the basis of a contractual right to occupy or to have possession of the land, or acting as agent of the landowner. we have identified an infringement of the advertised parking terms and conditions within the car park at ASDA STORE CHAPELTOWN on 25/03.2015.

 

smart parking Ltd believes that a parking charge notice (PCN) is payable with the respect to the vehicle registration xxxx for the contravention parked in exess of permitted free perion, as a result of the vehicle exceeding the maximum stay within the car park. the contravention is supported by camera images of the vehicle entering and exiting the car park. smart parking ltd are able to request registered keeper details from the dvla under the reasonable criteria of recovery of private parking charges. the dvla have confirmed you are the registered keeper of this vehicle..

 

the car park at this store clearly displays signage to notify customers shopping at this store that there is a maximum time allowed for free parking. we have checked parking records at this store and we understand that colleagues have not been notified of any exceptional circumstances leading to the overstay.

 

we appreciate the nature of this matter could cause offence or upset if there is a valid reason for this overstay. if you were not the driver of the vehicle and wish to provide the drivers details, lodge a dispute, appeal or query, you can get in touch with us and the matter will be looked into on your behalf.

 

please keep any proof that supports a genuine appeal such as shopping receipt/details of blue badge. instructions on how to contact smart parking or make a payment can be found on the reverse of this letter.

unfortunately in situations of non payment, we must advise you that in addition to the PCN issued , an admin fee fee is also payable if a debt recovery agency becomes involved.

we sincerely hope we can resolve this with out the need for debt recovery action.

at the side of the 2 images of my car there is this. IMPORTANT 14 DAYS NOTICE. Ifpayment of £40 is not recieved within 14 days of the date of this notice the discount period expires leaving £70 to be paid. if full settlement is not made within 28 days of the date of this notice an additional £10 administration charge will be levied. failure to respond to this notice may lead to civil legal action being taken to recover the parking charge notice charge {together with any judicial expenses that maybe incurred)

[Ell-enn]

Affixed is the letter I sent them - they cancelled the ticket. It's only a suggestion but it worked for me. Others may have better advice.

 

I've also used that text for several Parking Eye tickets

[DragonFly1967]

smart parking ltd have the right to seek payment of the parking charge for unauthorised parking of the vehicle on the land on the relevant date as the owner of the land

 

Wow, when did Smart parking buy Wallmart? I must have missed that news.

 

 

So... They say that they have images of the vehicle entering and leaving the car park. Yet, they do not have any images of the vehicle actually "parked".

 

Maybe you were driving around and around the car park for the entire time and didn't "park" at all

 

 

 

having read Ell-enn's letter, I'd go along with that. Even if (not very) Smart reject the appeal, there's a 99.9% chance that you'd win at POPLA

[jimmy mumu]

to be honest the images look like the car in the parking bays not leaving or entering.

[f16]

No it will be shots taken at the entrance and exit not of the vehicle parked

[armadillo71]

Amend Ell-enn's letter to add that as registered keeper you are not liable for the charge, that you will not be naming the driver and that you have proof of postage.

[jimmy mumu]

Got it all sorted thanks

[honeybee13]

Hello there.

 

Can you tell us more about what happened please? You would be helping future caggers who have the same problem.

 

HB

[jimmy mumu]

my ending was a little cheeky, but contacted cs at asda and explained about the PCN and how i regularly shop there. they asked for bank statement showing i was in the shop and upon providing this they agreed to cancel the ticket. they logged on to the parking companies system through their own system. they said they could only cancel once per customer. my only concern is, that whilst i saw it all done before my eyes i only have my original pcn with cancelled written on it. nothing formal

[f16]

Well Done "Jimmy"

 

As Granny said. "More than one way too skin a cat"

 

Keep the original "pcn" with cancelled safe !!!!

[renegadeimp]

They wanted a bank statement for an unenforceable speculative invoice, then had the cheek to say they can only cancel once per customer?

[DragonFly1967]

Hmm, I wonder what would happen if an Asda customer paid the old fashioned way, and used cash?

 

Asda, as the principle, can cancel as many tickets as they like, 100's for the same customer if necessary, and there wouldn't be a damn thing that Daft Parking could do about it.

[ericsbrother]

got this policy in writing by any chance? email for eg? If so print and copy as it is a contractual term fro both the parking co and you as a shopper. They dont tell you this when you go to the tills and it isnt on the shelves so it must be embedded in the barcode somewhere.

[fatboy88]

I've just tried ringing customer services and they say you have to spend £100 in store for them to consider cancelling the pcn.

I've sent them an email asking for confirmation but I will sent the letter from here to smart parking.

 

Sorry to jump on your thread

[Cardiff Devil]

That's atrocious customer service. In fact isn't that tantamount to extortion?

 

There's no conditions on the amount of time you can spend in their stores versus a minimum spent amount, so why should such an arbitrary limit apply to their car parks? Legally you can spend 24 hours at a store and not spend a single penny in that time if you wanted to.

 

Yet they want £100 off you essentially for them to call off their agents. What if you spent 3 1/2 hours in the store (not an unrealistic amount of time say if it was Xmas eve and extremely busy) and only spent £99.99. By their logic, that'd be tough luck.

 

The whole point of companies employing these car park management firms supposedly is to deter the misuse of their car parks and keep spaces available for genuine customers. If you shop there then you are a genuine customer, regardless of the amount of time it takes you. If I went in say to buy a new 4K TV and home entertainment package, and wanted to take my time sampling each one and examining all of the features and specifications in detail before making my purchase then that's my right as a consumer to do so.

 

If I was in that position I'd be telling Asda that the way they're treating a genuine customer is disgusting, and I'd be looking to take my business elsewhere in future.