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    • best to be sure it is a N279. not that they pull any underhand stunts of course   but we have seen it. your bal is now £0 but we'll still attend court as you'll probably not as we've said we've closed the account and we'll get a judgement by default. dx  
    • Sorry, last bit They had ticked that they wanted the application dealt with without a hearing, so is there any relevance that a date and time to attend said hearing has been sent out ?
    • I've not seen it personally but I think that's the letter Dad has had from Overdales. I'll see it tomorrow. It states balance: zero
    • Agreed as you clearly have little faith in your star runners, mind you - I have less - conditional on the welcher clause I defined being part, and that we are talking about the three defined candidates: Tice Farage and Anderson - not anyone anywhere as reform might (outside chance) get someone decent to run somewhere. If any of the three dont run - they count as a loss.   welcher clause. "If either of us loses and doesn't pay - we agree the site admin will change the welchers avatar permanently to a cows ass - specific cows ass avatar chosen by the winner - with veto by site on any too offensive - requiring another to be chosen  (or of course, DP likely allows you can delete your account and all your worthless posts to cheapskate chicken out and we'll just laugh) "
    • This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that 1) The Claimant respectfully applies for an extension of time to comply with paragraph 5 of the Order of Deputy District Judge XXX dated XX March 2024 i.e. the evidence upon which the parties intend to rely shall be filed and served not later than 7-days before the hearing. 2) The Claimant seeks a short extension of time allow them to further and properly investigate data provided to them by Royal Mail which is of importance to the proceedings and determination of the Claim. 3) The Claimant and Royal Mail have an information sharing agreement. Under the agreement, Royal Mail has provided data to the Claimant in respect of the matters forming the basis of these proceedings. The Claimant requires more time to consider this data and reconcile it against their own records. The Claimant may need to seek clarification and assurances from Royal Mail before they can be confident the data is correct and relevant to the proceedings i.e. available to be submitted as evidence. 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024. 6) This application is a pre-emptive one for an extension of time made prior to the expiry of the deadline. In considering the application, the Court is required to exercise its broad case management powers and consider the overriding objective. 7) In circumstances where applications are made in time, the Court should be reticent to refuse reasonable applications for extensions of time which neither imperil hearing dates nor disrupt proceedings, pursuant to Hallam Estates v Baker [2014] EWCA Civ 661. 😎 It is respectfully submitted that the application is made pursuant to the provisions of CPR 3.1(2)(a) and in accordance with the overriding objective to ensure the parties are on an equal footing when presenting their cases to the Court. The requested extension of time does not put the hearing at risk and granting the Application will not be disruptive to the proceedings.   They have asked for extension Because 2) The Claimant requires additional time to consider and reconcile data received from Royal Mail which is relevant to these proceedings against their own data and records in order to submit detailed evidence in support of this Claim.
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Smart Parking POPLA appeal failed but I did not overstay**Cancelled by Asda**


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Last September I got a parking notice from Parking Eye saying I had overstayed in our local ASDA,

entering at 8.30am and leaving at around 7pm.

 

 

I was at work that day and as it was already a couple of weeks since the alleged offence

we worked out that my husband dropped me at work and then went to ASDA

and that I returned there in the evening after being collected from work.

 

 

I only work a mile from home and ASDA is a mile in the opposite direction.

We advised Parking Eye that a mistake must have been made

but they stated they only have the one picture of the car entering and leaving, nothing in between times.

 

 

We appealed to POPLA hoping someone with common sense would see there is no reason for me to overstay.

I have lived close to this ASDA for 23 years, am well aware of the parking restrictions

that have been in force over the years

 

 

but whilst POPLA stated that I had said I had visited twice in one day that I still could not overstay.

The whole idea is that I didn't overstay, the recording of the entry/exit was wrong

and that there is another out and another in photo which they conveniently say does not exist.

 

 

Has anyone else had any similar issues with the ANPR only recording one in and one out

rather than all multiple visits?

 

 

I now have debt recovery letter but will not pay on principle as I did not overstay,

the recording is obviously flawed so needs sorting.

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usual trick

double bubble on their unfit for purpose ANPR system

lots of these here already.

 

 

don't panic about the powerless DCA

they ARE NOT BAILIFFS

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You would have won at POPLA if you had come here first...

 

You can still complain vigorously to Asda about how their agent is harassing loyal and regular customers for money they are not entitled to.

You could email the ceo this;

 

http://www.parking-prankster.com/anpr-technology.html

 

If PE send an LBA then you must respond to that with the legal points you should have used at POPLA.

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In one case on the pranksters site, it was mentioned that a keeper sent PE a SAR and they refused to supply the data which is in breach of the ICO guidelines.

 

It would be very simple for PE to supply data for one day. I bet if they did supply, it would show 3 times the number plate was photographed. Their 19 step checks must not include checking the number of times a car visited a site.

 

If your husband works as well, he could get a statement from his employer stating that he was at work that day (as were you). They may even provide a statement saying that the car was parked during the hours stated. Let PE get out of that one. :-)

If you are asked to deal with any matter via private message, PLEASE report it.

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This is more common than you may think so dont think this is the end of the line, it isnt. As a;ways it is for PE to prove their case and not complying to requests for evidence doesnt do them any good because it is easy to find examples of previous bad behaviour by them under the same circumstances. Just look up "parking eye and McDonalds double dipping" for the first one they took to court and lost and get the case number so you can quote it if you need to at a later date.

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The company was Smart Parking, is that the same as Parking Eye? If not apologies.

 

 

Should I get a solicitor to write a letter asking for all of the cars recorded on that day?

 

 

They said they checked any similar numbers but found none.

 

 

How many similar cases are there.

 

 

They said they don't need to show CCTV of me actually parked there all day as they just use ANPR.

 

 

Can you suggest how we can get this dropped before having to attend court

to hopefully be heard by someone with common sense?

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so this is not parking eye but smart parking then...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The company was Smart Parking, is that the same as Parking Eye? If not apologies.

 

 

Should I get a solicitor to write a letter asking for all of the cars recorded on that day?

 

 

They said they checked any similar numbers but found none.

 

 

How many similar cases are there.

 

 

They said they don't need to show CCTV of me actually parked there all day as they just use ANPR.

 

 

Can you suggest how we can get this dropped before having to attend court

to hopefully be heard by someone with common sense?

 

Hello there.

 

You don't need a lawyer and I'll be extremely surprised if this ends up in court. If you could confirm we're definitely talking about Smart Parking, the guys will be able to advise further. :)

 

HB

Illegitimi non carborundum

 

 

 

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Definitely Smart Parking. Thanks.

 

We were surprised that POPLA referred to me visiting twice

but still said that I cannot overstay,

 

completely missing the point that I didn't overstay.

 

I guess they have so many to deal with they get a bit blind to the detail

 

 

 

but that doesn't help the honest motorist who seems to be guilty until proved innocent

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Should I try ASDA even at this late stage? I have no proof of two visits, just an entry on my bank account for the following day which I assume is the debit card transaction from the previous evening but have no receipts or anything. My husband would have paid by cash when he went in the morning so nothing to back that up. I am just frustrated that no common sense was applied by Smart Parking or POPLA but looking at some of the comments on the forum this is not uncommon

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Asda need all the customers they can get. They are the principle and the PPC is their agent, so as already stated, complain vigorously to Asda...

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ALL stores know that a debit card transaction takes a day or two to appear on bank statements so that should be enough.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Here is an answer by asking a Question.

Does anyone know of a court case with smart parking

 

According to the BMPA website, there were two cases in 2015 which were lost by SP

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi, on your bank statement the detail of who you paid shows the actual transaction date - the date they process it is in the "date" column of the statement i.e.

 

Date ..........................Payee

14th March .................ASDANEWTOWN13MAR 000111222333 .................£12.05

 

 

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I wouldn't worry about this anymore. They would be stupid to try to take this to court. Don't be tempted to pay the DCA (or Smart).

 

You have to be very careful on how you word things to POPLA, otherwise they won't accept your appeal.

 

I would still complain to ASDA.

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A big thank you for all your responses. I have been to see the ASDA customer services manager today and they have cancelled the parking charge direct. Apparently the have an in-store system for this and I got the sense they do quite a few. I only wish I had done this first rather than deal with the appeals through Smart Parking and POPLA neither of which used any common sense. I presumed ASDA would say they had no connection to the provider but they were extremely helpful and in hindsight I should have started there and saved myself a lot of inconvenience and annoyance. thanks again for all your help

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A big thank you for all your responses. I have been to see the ASDA customer services manager today and they have cancelled the parking charge direct. Apparently the have an in-store system for this and I got the sense they do quite a few. I only wish I had done this first rather than deal with the appeals through Smart Parking and POPLA neither of which used any common sense. I presumed ASDA would say they had no connection to the provider but they were extremely helpful and in hindsight I should have started there and saved myself a lot of inconvenience and annoyance. thanks again for all your help

 

Good to hear!

 

Can I ask which Asdas this was?

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A big thank you for all your responses. I have been to see the ASDA customer services manager today and they have cancelled the parking charge direct. Apparently the have an in-store system for this and I got the sense they do quite a few. I only wish I had done this first rather than deal with the appeals through Smart Parking and POPLA neither of which used any common sense. I presumed ASDA would say they had no connection to the provider but they were extremely helpful and in hindsight I should have started there and saved myself a lot of inconvenience and annoyance. thanks again for all your help

 

Well done! :thumb:

 

Even after a failed POPLA appeal, the principle can cancel the charge...

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Excellent result. I will mark this thread accordingly

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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