Parking Eye windscreen PCN - Asda Newton Abbot **CANCELLED BY ASDA**

[Enron]

Can I quickly ask for confirmation for what I have read up on.....

 

If the Notice To Keep (printed out/stuck to screen) doesnt include a duration of contravention then the notice is invalid?

 

Many thanks.

 

No ANPR on the way in or out.

[honeybee13]

Can you give us the information requested in the forum stikky please?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

 

HB

[Enron]

1 The date of infringement? 26/04/2018

 

2 Have you yet appealed to the parking company yet? [Y/N?] N

 

If you haven't appealed yet - ,......... (no, parking charge notice attached to windscreen)

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] what date is on it Did the NTK provide photographic evidence? Nothing received yet aide from Parking Charge Notice, I dont think ANPR is on site

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] ticket mentions POFA - Y

 

4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company? Parking Eye Ltd

 

6. where exactly [Carpark name and town] did you park? Asda, Newton Abbot

[dx100uk]

you await the NTK before doing anything further

that must arrive between 29-56 days

[Enron]

Thanks.

[ericsbrother]

What does the ticket say you have done to breach the contract offered ?

Knowing this will help us formulate your response when the time comes.

 

In the meanwhile pictures of the sigange at the site would be haepful and even posting up the screen ticket would make things easier to determine whether they have got things right from the outset (probably not)

[silverfox1961]

Hiya.

Absolutely get pictures. I have looked on Google StreetView but the images range from 2011 and 2014 and the signs on site were for Smart Parking so we need to see updated images.

 

I have to say that it's rare for PE to have attendants on site but that may be down to planning permission for ANPR cameras being refused. Sit on your hands until the NTK arrives then we can see what they are trying on.

 

With no relevant details on the NTD, it doesn't give the driver an option to appeal as he/she wouldn't know what rule was broken

[Enron]

Definitely no ANPR, looked on the way out.

 

Will post up an image of the ticket later. Photographs to follow, going down in a few days and will swing by.

[Enron]

Ticket image attached.

 

Issued 26/04/2018, details removed for privacy.

 

Here you go

pf sen.pdf

[ericsbrother]

they say you are required to pay- no you are invited.

 

As for the reason of no valid ticet that can make you a trespasser and thus not party to any contract but seeing the sigange will help us with this thought. It must be saud that siome judges dont agree that anyone is a trespasser in a car park so not always a winning argument on its own, hence the need to see what was offered.

 

However, you can and should have a moan at Asda head office but do this using pen and paper rather than email as emails will get forwarded to PE and they will just say you should pay up. if asda forward a letter then they are in hot water with the DPA unless you have said they could so make it clear you want them to deal with it or tell you they are unwilling to do so and not to just pass the buck to PE

Edited May 1, 2018 by honeybee13
Paras

[Enron]

Thank you will have photo's later on in the week.

 

And write to asda.

[ericsbrother]

Yep, get the name of their CEO from the web and give him some grief.

 

His office will probably tell you that the parking co are dropping at as a gesture of goodwill and dont be naughty again rather than saying anything concrete about the actual site

[Enron]

Letter sent to Mr Burnley.

 

Appears that Parking Eye Ltd don't have planning or advertising consent for any of their system/signs in Asda, Newton Abbott. Search on Teignbridge district council website returns nothing - lots of stuff from Asda (from 2006 onward) but nothing relating to car park signage.

 

Signs from car park attached in pdf.

20180502_082844.pdf

[silverfox1961]

I have also looked on Teignbridge District Council's planning portal and I agree, there is nothing to see.

 

I'm sure that where a ticket is issued for 'no valid ticket' any observation period should be noted as you may have been off to buy a ticket while the charge was issued.

 

Also, the sign posted above does not give the company's full address. A PO Box number is clearly not sufficient.

[ericsbrother]

often the planning consent for the building of the store requires a certain period of free customer parking. If that is in the planning consent then no-one can just decide to introduce charges at all, the council will ahve the power to shut the store down if they feel like it!

[steveod]

I FOI'd TDC when Smart Parking were in at Asda Newton Abbot, and ASDA agreed with the TDC in order to get planning consent to build the store that they would levy parking charges and not offer any free parking time - so they are not able to do so.

 

at that time Smart Parking didn't have consent for the signs (only ASDA had applied for consent) so cancelled the PCN I appealed with them.

And I doubt that PE has consent either as its the same bloke that used to work at Smart Parking issuing PCNs and very similar signs to the ones Smart Parking used.

[Enron]

Thanks for the info. The only consent relating to car park signage I can see is a submission by Asda in 2006, which would not apply to a new third party company operating a system on their land.

 

Makes you wonder that if planning permission isn't being obtained for any of these systems being installed nationwide, and they are there illegally without planning or advertising permission, are the monies being collected being obtained unlawfully.

[steveod]

Indeed they are and that always forms part of any appeal I submit.

 

They have never yet taken it to court to get it tested in my cases not sure if any judge has considered it yet in any rulings.

[Enron]

Asda replied, as a one off gesture of goodwill Parking Eye invoice will be cancelled.

[ericsbrother]

good for you.

Saves anyone having to explain why they break the law then as well and PE can mug the next person in the queue.

[silverfox1961]

That is good news. I will hold off marking this thread as resolved until PE write to you.

 

 

Keep that letter from Asda safe, just in case PE try it on again in the future

[dx100uk]

thread tidied title updated.

 

well done CAG

 

don't forget to donate please

[Enron]

In the long run they are losing market share to the likes of Aldi and Lidl.

 

The letter does refer to keeping us as a customer.

 

At the same time as saying normally they would refer us to Parking Eye to appeal.

[Enron]

Will get some funds over in the next few days.

[Olliec*$]

Thanks for the advice all. I've just used the information to construct my own appeal. There are still no planning approvals or new submissions for approval of their signs. Fingers crossed!