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Smart Parking Asda 'free period'

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  • Smart Parking Asda 'free period'



    I once received a PCN in 2011 but ignored the letters and there was no follow up. However I have received a PCN from Smart Parking Ltd. in October 2015 and having researched I see that ignoring the letters are not the way to go about things...

    I have just opened my 3 monthly post being home at the end of the year and have received a PCN from Smart Parking Ltd. (October 2015) and subsequent letters from a Debt Recovery Agency (Dec 28th).

    The latest letter states that they will recommend court proceedings and they have a legal case against the registered keeper of the vehicle in question. However I do not understand the offence, the reason states over staying a 'free period', however I paid for the vehicle to be in the store carpark and I was a genuine customer that day.

    As the 14 day 'appeal' window has as stated on the initial 'invitation to pay', and understanding that ignoring the letters are not the best way, may someone suggest the nature of any correspondence to Smart Parking Ltd?
    Tags: None

  • #2
    Re: Smart Parking Asda 'free period'

    Is this still the 2011 parking? If it is this pre-dates POFA, which allows the registered keeper to be held liable and therefore they can only hold the driver (who they don't know) liable. You could either continue to ignore but they could just try on a court case, which could be awkward if you will be away again.

    Read the post again and it looks like another one this year. Ignoring is not the option. Write to DRP and state that there is no debt and refer it back to their principal. Post up a redacted copy of the PCN so that others can comment about it. They may not have got it correct enough to be able to hold the keeper liable and so can only chase the driver, who they do not know and you do not tell them.

    Comment


    • #3
      Re: Smart Parking Asda 'free period'

      Thank you for the help, but the recent notices refer to parking a vehicle on a another occasion in October 2015. As I am aware of the Beavis Case and changes I understand that ignoring the letters this time round will not make it go away. However I have genuinely only opened the letters, and my 14 day appeal window is well over.
      I don't understand why I have received the PCN in the first place, I paid to stay in the car park however the reason states overstayed 'free period'.

      Comment


      • #4
        Re: Smart Parking Asda 'free period'

        If they haven't included pictures get pictures of the signs for yourself to confirm what they actually say and to be able to send with any appeal. They could have got it completely wrong, which is good for you, and it is too late to reissue another PCN. Don't worry about the delay, if you are not liable then you are not liable. Do not hint at the driver.

        Put the PCN on here with identifying details removed. Dates are critical.

        Comment


        • #5
          Re: Smart Parking Asda 'free period'

          It appears on researching that the carpark has changed since I lived in the area from 3 hours free to 2 hours free so it appears it has been caught out by a mere 21 minutes. See PCN below dated from 2nd October.

          What can I do argh!
          Attached Files

          Comment


          • #6
            Re: Smart Parking Asda 'free period'

            What was the difference between the "offence" and the date the PCN was sent? More then 14 days and they can't hold the keeper liable.

            Have you tried going back to the store and getting them to cancel? Does your bank statement show a payment to the store at the relevant time? You may have to get a copy of it to wave in front of the store management (not the help desk staff).

            I can't understand that you said that you'd paid (how?) and the car park being a time limited free car park.

            Despite the above comments it looks as though SMART are not using POFA (there are lots of required items missing on the page you uploaded) and therefore they can only hold the driver liable (who they don't know and you will not tell them). They may come back with the "reasonable assumption that the keeper was driving".

            Wait for others to add comments.

            Comment


            • #7
              Re: Smart Parking Asda 'free period'

              Getting the store to cancel is the only positive action you can take since the appeals process can't be entered in to.

              Otherwise ignore all bar a letter before action or court papers and defend on the notice to keeper being crap.

              M1

              Comment


              • #8
                Re: Smart Parking Asda 'free period'

                Thank you for your responses. I received a recent letter from a debt recovery stating they are recommending the case to court. Should I try and appeal with Smart Ltd? I'm scared they will serve papers to my address when I am overseas again.

                In addition I I am to contact the Asda GSM do I admit I was potentially at fault, I may have been the driver etc?
                Last edited by teacup; 4th January 2016, 16:37:PM. Reason: Additional info

                Comment


                • #9
                  Re: Smart Parking Asda 'free period'

                  Wouldn't worry about the Asda manager. Anything you say to them will almost never be repeated to Smart as i doubt they'd need a reason to cancel. If Asda say cancel that should be enough.

                  For your address i'd give them a service address where you can be contacted or have it forwarded from.

                  M1

                  Comment


                  • #10
                    Re: Smart Parking Asda 'free period'

                    Thank you for your advice. I have posted a letter and an attachment email to the store manager. However as the clock is ticking down with the recent debt recovery requesting I pay from 28th dec within 14 days, is it worth me trying to appeal with the originator Smart Parking Ltd. I'm sick with worry they are going to take court action and serve papers whilst I am away.

                    Comment


                    • #11
                      Re: Smart Parking Asda 'free period'

                      Smart won't give a monkeys. They, at present, don't do court too often. Post Beavis though could be a game changer for many firms.

                      M1

                      Comment


                      • #12
                        Re: Smart Parking Asda 'free period'

                        So should I just sit and wait and hope for the best? I was a genuine customer to the store and it was extremely busy that day I recall. I have evidence to support the purchases I made via a bank statement should it go to court

                        Comment


                        • #13
                          Re: Smart Parking Asda 'free period'

                          If the manager won't help try social media but otherwise, yes, wait and see.

                          M1

                          Comment


                          • #14
                            Re: Smart Parking Asda 'free period'

                            Probably better to go into the store and meet the manager face to face. The debt recovery companies are no problem, they have not teeth, just a bottomless pit of red ink.

                            Comment


                            • #15
                              Re: Smart Parking Asda 'free period'

                              Thank you for your avice, having spoken with the store GSM they have cancelled the fine. However may I ask what to do with the debt recover? Do I contact them and tell them the fine has been cancelled by the originator? In addition does the chasing through a debt agency affect my credit rating?

                              Comment

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