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Hi gurus,
I parked my car on Parent&Child bay in a local asda.
I have always parked my car in regular parking space in the last 5 years. Just yesterday(11/09) because I was quite hungry, and wanted to quickly grab a pizza and go away. In a hurry, I temporarily parked my car in a P&C bay since I tried to get close to the entrance to save time. As a matter of fact, I spent less than 4 minutes and quickly came out. But to my surprise, I found a Parking ticket coming from nowhere with a ridiculous penalty charge of 70 pounds from a company called 'smart parking'. That is, a yellow plastic bag with an invoice-like slip (called "Parking Charge Notice") stuck to my car screen window.
I called the local asda store and they asked me to call asda HQ. When I called asda HQ, the woman received the call said she is the manager but she cannot solve the issue and insisted that it is the asda procedure and I have to contact smart parking by myself.
This is very annoying and unjustified indeed, because:
1. It is a free car park. There is NO any warning signage on the site that parking in Parent&Child bay will be charged with 70 pounds at all.
2. Even if I temporarily parked in one P&C bay for less than 4 minutes, by that time there are still plenty of P&C parking spaces remaining. There is certainly no loss or impact to their biz by any means.
3. The charge is not a genuine pre-estimate of loss.
What should I do now? After reading lots of threads online, I feel I must fight back and challenge them. Shall I send a challenge to smart parking right now (of course, I won't give away any of my personal info in the message), or shall I wait till I receive a posted letter from smart parking?
I reckon I can put following info in my challenge (I copy&paste some good template from similar threads). I'd be much appreciated if you gurus can help improve this letter, like any thing to add, or to delete/modify? Pls pm me if you feel more appropriate.
==========================
Dear sirs,
PCN ref xxxx
As the registered keeper of the vehicle ---- --- at time of this charge following legal advice I wish to challenge this PCN.
My challenge is based on the assertion that your Parking Charge does not represent a genuine pre-estimate of loss to yourself or the landowner. In every case where a motorist has raised this issue against you, POPLA have accepted the appeal. You are therefore fully aware that there is no prospect of your charge being upheld.
1) Your claim is not a genuine pre-estimate of loss.
2) There is NO any warning signage on the site that parking in Parent&Child bay will be charged with 70 pounds in the first place.
If you do reject the challenge and insist upon taking the matter further I must inform you that I will claim my expenses from you.The expenses I will claim are not exhaustive but may include the cost of stamps,envelopes,travel expenses,legal fees etc.By continuing to peruse me you agree to pay these costs when I prevail.
If you reject this appeal I require within 35 days a POPLA verification code for me to appeal independently as per the requirements set out on the POPLA website,further supported by the BPA code of practice.You have been given the reason for the appeal above I have nothing further to currently add,and will not respond to any correspondence from your company unless it contains the POPLA code. Be aware that there will be formal complaints to POPLA and to BPA if there is no POPLA code on any rejection that you supply
Yours faithfully
==========================
Many thanks！
I parked my car on Parent&Child bay in a local asda.
I have always parked my car in regular parking space in the last 5 years. Just yesterday(11/09) because I was quite hungry, and wanted to quickly grab a pizza and go away. In a hurry, I temporarily parked my car in a P&C bay since I tried to get close to the entrance to save time. As a matter of fact, I spent less than 4 minutes and quickly came out. But to my surprise, I found a Parking ticket coming from nowhere with a ridiculous penalty charge of 70 pounds from a company called 'smart parking'. That is, a yellow plastic bag with an invoice-like slip (called "Parking Charge Notice") stuck to my car screen window.
I called the local asda store and they asked me to call asda HQ. When I called asda HQ, the woman received the call said she is the manager but she cannot solve the issue and insisted that it is the asda procedure and I have to contact smart parking by myself.
This is very annoying and unjustified indeed, because:
1. It is a free car park. There is NO any warning signage on the site that parking in Parent&Child bay will be charged with 70 pounds at all.
2. Even if I temporarily parked in one P&C bay for less than 4 minutes, by that time there are still plenty of P&C parking spaces remaining. There is certainly no loss or impact to their biz by any means.
3. The charge is not a genuine pre-estimate of loss.
What should I do now? After reading lots of threads online, I feel I must fight back and challenge them. Shall I send a challenge to smart parking right now (of course, I won't give away any of my personal info in the message), or shall I wait till I receive a posted letter from smart parking?
I reckon I can put following info in my challenge (I copy&paste some good template from similar threads). I'd be much appreciated if you gurus can help improve this letter, like any thing to add, or to delete/modify? Pls pm me if you feel more appropriate.
==========================
Dear sirs,
PCN ref xxxx
As the registered keeper of the vehicle ---- --- at time of this charge following legal advice I wish to challenge this PCN.
My challenge is based on the assertion that your Parking Charge does not represent a genuine pre-estimate of loss to yourself or the landowner. In every case where a motorist has raised this issue against you, POPLA have accepted the appeal. You are therefore fully aware that there is no prospect of your charge being upheld.
1) Your claim is not a genuine pre-estimate of loss.
2) There is NO any warning signage on the site that parking in Parent&Child bay will be charged with 70 pounds in the first place.
If you do reject the challenge and insist upon taking the matter further I must inform you that I will claim my expenses from you.The expenses I will claim are not exhaustive but may include the cost of stamps,envelopes,travel expenses,legal fees etc.By continuing to peruse me you agree to pay these costs when I prevail.
If you reject this appeal I require within 35 days a POPLA verification code for me to appeal independently as per the requirements set out on the POPLA website,further supported by the BPA code of practice.You have been given the reason for the appeal above I have nothing further to currently add,and will not respond to any correspondence from your company unless it contains the POPLA code. Be aware that there will be formal complaints to POPLA and to BPA if there is no POPLA code on any rejection that you supply
Yours faithfully
==========================
Many thanks！
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