Parking Eye/DCBL ANPR PCN - Overstay - Asda Crawley ***Ticket cancelled By ASDA***

[naples00]

I hope this is the correct section. 

 

I received various letters from DCBL due to a PCN charge (£140.00) for parking 2 hours and 44 minutes at Asda Car Park Crawley on 18th March 2022. 

 

The initial letter, with which I could have claimed with Parking Eye, was never received at my home address and therefore I was not given the possibility to claim. 

 

Although I contacted both parties (DCBL and Parkingeye) and submitted copy of the receipt obtained at kiosk, both providers claims the amount paid (£1) is insufficient to cover the parking stay. I had no other option than choosing the amount stated (£1) and therefore believe I should not be charged for the contravention. 

 

According to the web "Parking at Asda Crawley. The on-site Asda Crawley parking is free for up to 90 minutes, and then will cost £1.00 for up to 2 hours, and then £2.00 for up to 3 hours. If you spend more than £5.00, you will get free parking for up to 3 hours."

 

They are now threatening to take legal action and bring me to court. 

 

I tried contacting Citizen Advice, my car insurance and now I am trying posting in the only forum that seems to have valid material. 

[honeybee13]

Hello, welcome to CAG.

 

Could you let us have the information requested in the forum sticky please? This will help the guys to start looking at your case.

 

 

Best, HB

 

[naples00]

Thanks HB, questionnaire below 

 

 

1 Date of the infringement 18.03.2022

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Never received

 

3 Date received Never received
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] NA

 

5 Is there any photographic evidence of the event? N (no pictures on Parkingeye website)
 

6 Have you appealed? [Y/N?] post up your appeal] Unable to appeal as charge was passed to debt collector without possibility to appeal

 

Have you had a response? [Y/N?] post it up NA

 

7 Who is the parking company? Parkingeye

 

8. Where exactly [carpark name and town] Asda Car Park Crawley
 

For either option, does it say which appeals body they operate under.

N

 

 

[honeybee13]

Thank you.

 

The other correspondence you've received, is it all from DCAs? What you need to watch out for is something headed Letter Before Claim.

 

People should be along later to advise.

 

HB

[naples00]

Hi HB, 

 

Yes. All letters received so fare are from a DCA, DCBL. 

 

I have received 4 letters so far:

 

Notice of Debt Recovery

Final Reminder

Final Notice of Debt Recovery

Notice of intended legal action

 

In all of them, it is clearly stated that 'at this point you are no longer able to appeal the parking charge. Your next opportunity to dispute the charge would be if the matter was taken to Court'. 

 

Both parties, DCBL and Parkingeye sustain they sent the initial PCN to my home address.

 

I moved from that home address in January (the contravention is dated 18th March).

 

I regularly checked the postbox until June 2022 to avoid inconveniences.

 

I believe they should have sent the PCN via tracked/signed for post rather than assuming the client would receive it.

Of course I explained this to both parties but to no avail. 

[Homer67]

Ignore everything from DCBL, they are paper tigers in these cases. Have you got anything headed Letter Before Action?

 

We need to know why you didn't receive the NTK, is your car logbook (V5) registered at your current address?

 

In the meantime do not contact the Parking Company or DCBL at all.

[FTMDave]

Can you post a link to the site where you found the parking charge information?  I can't find anything on the Asda site.

 

Also, did you spend more than £5, and if so can you prove it via receipts or bank statements?

 

 

[FTMDave]

Plus, read this short thread -

 

[naples00]

@Homer67

Thanks, unfortunately (or luckily?) I haven`t received such letter - nothing headed Letter Before Action. 

 

The car with which the contravention was allegedly committed has now been sold and I haven`t lived at the address where the PNC was sent since Jan 2022. The V5 logbook details were updated with the new address, I have contacted DVLA to determine if I changed the address before or after the PNC.

 

My old flat has been kept empty as the property was going to be refurbished and sold. I checked the postbox until June to avoid inconveniences like this. 

 

@FTMDave

YourParkingSpace

WWW.YOURPARKINGSPACE.CO.UK

 

Nothing on the ASDA website unfortunately and Parkingeye won`t disclose the reason why the ticket purchased at kiosk is invalid. 

 

I no longer have the Asda receipt but I have a copy of the ticket purchased at parking kiosk. I knew I stayed longer than usual and thought 'let me pay for parking, JUST IN CASE'. 

 

I`m not sure if that thread applies as the charge is now with DCBL rather than Parkingeye and the fine goes back to March 2022. 

Edited September 16, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

it is not a fine!!

 

PE nor any private parking company sell PCN debts on.

a DCA is merely a chaser for their stated client and are totally powerless on any debt

 

your asda purchase will be on your bank statement?

 

dx

 

[naples00]

Thanks DX, 

 

I don`t have access to statements anymore for that card but I have a physical receipt for the parking paid. PE sustains the amount paid is not enough however I had no choice in terms of amount to pay. 

Receipt.pdf

Edited September 16, 2022 by dx100uk
unnecessary previous post quote removed

[FTMDave]

OK, good news that no Letter Before Action has arrived.  Anything before that is hot air. 

 

And as Homer says DCBL are an uninterested third party with no powers whatsoever - complete paper tigers.

 

From the link you posted I think it was £1 to stay for two hours and £2 to stay for three hours, thus why they are pursuing you.

 

There are no guarantees, but in the past Asda have been pretty good at getting these tickets cancelled.  If this place is near you, go in with all your proofs of purchase and parking receipt, and push to get the invoice cancelled.  If it's not local to you, get on to the CEO  [email protected]

 

See if that works and if not we can try other strategies.

[naples00]

Thank you, 

 

I will start by writing a letter to the CEO email address and see if anything happens. 

 

If customers are entitled to stay for two hours by paying £1, why did the machine not charge me £2 after recognising my reg number?

 

My understanding of the parking rules is that parking is free for 90 minutes. I parked there for 164 minutes.

 

By paying £1 the stay should be granted for 210 minutes (90 initial free plus 120). But of course when trying to obtain explanations I am bounced back by both parties. 

Edited September 16, 2022 by dx100uk
unnecessary post quote removed

[FTMDave]

I have to go to work now but briefly have just found this good news  https://www.consumeractiongroup.co.uk/topic/401575-parking-eye-pcn-at-asda-crawley-west-sussex-cancelled-by-asda/#comment-4804985

 

[dx100uk]

Just type please.

No need to keep hitting quote 

It makes the thread twice as long.

 

Dx

 

 

[Racer_Bod]

One point that may well be worth trying to clarify is regarding what you found on the web. Is that exactly how it is stated? If so it’s quite ambiguous. You could read it as 90 minutes is free then up to another 2 hours is £1 (total 3.5 hours). You could also read it as 90 minutes is free, then 2 hours in total is £1 (ie they are charging £1 for half an hour). Is it stated like that on the signs too do you know? Just musing here of course and it may be totally irrelevant

[FTMDave]

I don't think it's totally irrelevant at all.  In fact you are spot on.

 

Presumably the car park is free for an hour and a half, then £1 to extend the stay to two hours, or £2 to extend the stay to three hours, etc., which is why they are perusing the OP.

 

However, that is not what's written - you're right, it's ambiguous.

 

Too difficult to write the word "extend" for the PPC, but that's no surprise, their "job" is to make everything as ambiguous and complicated as possible so drivers make a mistake and they can issue their PCNs.

 

So the OP has going for them (a) ambiguous signs/instructions, (b) refusal of the PPC to clarify anything and (c) that their machines presumably malfunctioned and only allowed payment for £1.

 

I was going to suggest the OP SAR the PPC to get the original documentation, but that won't be necessary if Asda intervene.

 

 

[brassnecked]

Pictures of the signage would be useful, PE stuff sometimes is as clear as mud, or insufficient, what is in the almost illegible bits that are usually at the bottom are important.

[naples00]

I agree, it sounds everything was left to interpretation. 

 

The most annoying thing is the fact that ParkingEye, which issued the ticket, refused to assist in explaining why my receipt is not valid, unloading all responsabilities onto DCBL. 

 

It is clearly a mechanism useful to dissuade customers from complaining and obtain payment - regardless of the validity of the contravention. 

[FTMDave]

Spot on.  What utter charlatans.  DCBL genuinely don't know anything about the "contravention", they are just given a long list of non-payers by PE and told to send threatening letters.  PE are supposed to "manage" the car park but as you say are just interested in £££££.

 

Make sure you keep all this correspondence.  If they are daft enough to do court I doubt the judge will be very impressed by their behaviour.

 

On 16/09/2022 at 13:07, naples00 said:

I had no other option than choosing the amount stated (£1)

 

On 16/09/2022 at 16:05, naples00 said:

If customers are entitled to stay for two hours by paying £1, why did the machine not charge me £2 after recognising my reg number?

I'm unclear about why you say you had no other option that paying the £1.

 

Can you explain in detail how payment was made please.

[brassnecked]

Let theem go through their motions then be prepared to crush them later.

[lookinforinfo]

I seem to remember that where there are two interpretations on signage the keeper or driver  can select the one most advantageous to themselves.

[FTMDave]

So any reply from Asda head office?

 

If not I think it would be a good idea to SAR Parking Eye to get the original paperwork.

[naples00]

@FTMDave I parked my car as usual, went to the automated kiosk and used my reg number. The machine asked me to pay £1. There was no option or choice available to pay for additional parking. 

 

Anyway - I need to be greateful to you guys as writing an email to the ASDA CEO office definitely helped. 

 

I sent them an email with subject 'complaint escalation', explaining my experience with PE and DCBL. This morning they asked me for reg number and notice reference. This afternoon I received an email from the staff to advise that the fine was cancelled and to contact them should PE or DCBL chase payment again. 

 

I am speechless. They solved the issue in 48 hours without even asking specific details or reasons behind my request. DCBL and PE only unloaded responsibilities on each other and threatened me with legal action. 

 

I hope this thread can be helpful to other members that are in my same situation. I was very, very close to pay the fine but luckily thought about checking with you, the only source of real support. Thank you.

[brassnecked]

Excellent news great that its sorted, remember though it wasn't a Fine, it was a speculative invoice for an imaginary breach of a Contract they averred they had with you for parking there

keep a copy of that email and print a couple of hard copies to send to PE  and their paper Tiger DCBL.if they get silly.

 

I will change the tread title to show your victory.