Smart Parking POPLA appeal failed but I did not overstay**Cancelled by Asda**

[Janet Hubbard]

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.

[dx100uk]

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

[armadillo71]

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.

[silverfox1961]

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.

[ericsbrother]

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.

[Janet Hubbard]

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?

[dx100uk]

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

[honeybee13]

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

[Janet Hubbard]

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

[armadillo71]

Why hasn't the store manager got this cancelled for you?

[Janet Hubbard]

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

[armadillo71]

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...

[silverfox1961]

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

[Dublindel]

Here is an answer by asking a Question.

Does anyone know of a court case with smart parking

[silverfox1961]

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

[Dublindel]

Thanks silverfox. 2 in a year which gives a good indication where you stand with this company. I do give them credit for being somewhat smart as they do know how it works and when to back off.

[Ell-enn]

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

 

 

[JoeyJoeC]

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.

[Janet Hubbard]

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

[JoeyJoeC]

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?

[Janet Hubbard]

ASDA West Bridgford, Nottingham.

[ericsbrother]

Good for them-and you.

[armadillo71]

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!

 

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

[silverfox1961]

Excellent result. I will mark this thread accordingly