Parking Eye ANPR PCN - Asda Clapham - DCBL Final Reminder. **CANCELLED by PARKING EYE**

[Zimbird]

naughty son who has yet again sprung a parking problem on me when his final reminder came two days ago.

 

Sadly it has been all around the block and therefore is out of date, sent 31 January 2022. 

He had totally forgotten to mention it to me (not surprised!) and was hoping it would just go away.

 

The history:

 Incident 4th August 2020 at 15.08, Asda Clapham Car Park.

parked in Asda and did not know he had to collect a free ticket from the machine and received a parking ticket.

 

He appealed and got a letter dated 19 August 2020 saying his appeal had been rejected.

“This is because you have not provided sufficient evidence to show that you did not break the terms and conditions in the signage.  

We r fully compliant with British Parking Assoc regulations on signage, and confirm that there is adequate signage at this site that is visible, appropriately located, clear and legible.”.

 

He was then offered an independent appeals service POPLA which he never acted upon.

 

Have we left it too late and do u advise us to just pay?

 After all this time he might already have a CCJ?

 

 

DCBL Final reminder.pdf

[dx100uk]

as with you existing thread 

follow the same routing

 

please complete this:

scan everything bothsides to one mass PDF.

 

 

[lookinforinfo]

They will probably send another couple of final reminders assuming the one he showed you was the first so going to Court may be a while away if at all.

 

I would write to Asda are usually pretty good at cancelling PCNs . Point out that they are already trying to charge £140 when the maximum is £100 and anything over that is regarded by Parliament as a "rip off" when the new Code of Practice was declared.

 

Parking Eye are supposed to observe the Law according to their agreement with the BPA plus they probably  haven't applied for planning permission which is also defined in the new CoP.  Point that out to the CEO of Asda and that by overcharging his customers it means they might go elsewhere for their supplies plus it leaves them with possibly less money to spend in Asda next time.

 

If they haven't updated their PCN no doubt that will be non compliant too but that is something for your son rather than Asda.

Edited March 19, 2022 by dx100uk
spacing

[Ethel Street]

Just to answer your question about CCJ @Zimbird your son can only get a CCJ if he has actually been taken to court, has lost, but has still not paid the amount the court ordered him to pay. As I understand it the case has not yet even reached the stage of court proceedings so he cannot have got a CCJ yet.

 

Please let us have the information requested earlier so that we can advise further.

[FTMDave]

Ethel Street is spot on.

 

The only worry is your family's past history of different addresses.  Is he still able to receive post sent to whichever address his car is/was registered at, i.e. the address the fleecers wrote to in January?

[Zimbird]

Yes we can still receive post to that address and in fact even though it is currently rented we take back the flat on 1st July 2022.

My son has not got any of the original documents. He can’t even find his appeal. 

We will have another good look on his computer but this is not a filing generation! 

[FTMDave]

Well the good side is that, as Ethel Street says, there is no chance of a CCJ.  Not only have the fleecers not issued a claim form, they haven't sent a Letter Before Claim/Action.

 

So it's a matter of ignoring their bilge until/unless a LBC/LBA arrives.

 

It might be worth SARing them to get to the bottom of all this.

 

However, before deciding on the SAR, what is your son's situation?  Is he based in the UK?  Because if he isn't, if he moves regularly between the UK and Zimbabwe like you, it night be worth the "I live in Zimbabwe so what are you really going to do to me?" strategy that has served you well in the past.

[Zimbird]

Thank you it is a great relief we still can wait for further correspondence, which might never materialise. 

We will definitely write and appeal to Asda CEO.

We will also email Parking Eye and tell them that the driver is no longer resident in England and is living in Zimbabwe indefinitely.

Will see what happens and will report back.

 

[FTMDave]

Excellent belt & braces strategy.  Well done.

 

Maybe it's just me, and I know it's a hassle to trek to the post office, but personally I'd be tempted to send Parkling Eye a snail mail letter from Zimbabwe.  I just think it would look more convincing and make it more likely they would chuck the towel in.

 

When getting on the Asda CEO lay it on thick about being a genuine customer and include any proof of payments there that you have.

 

 

 

 

[Zimbird]

Thank you FTMDave i will do just that - will wait to update u in time.

[Zimbird]

An update:  Letter dated 17th May 2022

 

Reference:  Parking Charge Notice - xxxx

 

Dear Sir/Madam

 

We are writing in relation to the Parking Charge incurred on 4 August 2020 at 15.08 at Asda Clapham car park.  

 

We would like to confirm that this charge has now been cancelled and there is no outstanding payment due.

 

Yours faithfully

 

Parkingeye Team

 

So it worked your letter from Zimbabwe - see below:

 

TO WHOM IT MAY CONCERN

 

DCBL REFERENCE NO. 

INCIDENT DATE:  4^th August 2020

PARKING CHARGE NOTICE NO: 

VEHICLE REGISTRATION xxxxxxxx

 

Please note the car with Registration xxxxxxx was scrapped  and taken off the road in August 2020 when I left the country.

 

My brother rented the flat:  xxxxx, Battersea, London xxxxx for 2020 but has since moved to a new address.  The address you have used in Battersea, is not my address and no family member lives at that address.  It has been tenanted to someone I do not know.  Please only contact me at my Zimbabwe address, where I have been living for the last two years.

 

It has taken 3 months for me to receive a Final Reminder from DCLB due to the fact they sent the Final Reminder to the wrong address.

 

I have written to the CEO of ASDA explaining that I forgot to collect my free parking ticket whilst shopping at ASDA and that I am a loyal customer.  

 

I do not intend to pay your charge as you are already charging over the new code of practice issued by parliament, which states you can charge £100 only otherwise any amount over that is considered a “rip off”. You are supposed to observe the law according to your agreement with BPA, furthermore it is likely you have not applied for planning permission with is also defined in the new CoP.

 

I suggest you drop this unnecessary case.

 

Please note that I live in Zimbabwe and any letters addressed to Battersea will no doubt be binned.  If you want to continue to pursue this case, then you will have to contact me at my address in Zimbabwe, but I warn you letters do take a rather lengthy time on occasion.

 

I look forward to hearing from you regarding the above appeal.

 

Yours sincerely

 

 

 

[dx100uk]

You won

 

Dx

[Zimbird]

Yes and thank you for your advice!

[FTMDave]

Well done on your victory! 

[brassnecked]

Excellent don't think they want the world of woe and pain it would involve chasing it.