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ASDA Nuneaton Parking Charge - POPLA appeal - Need Help
Dear All,
I hope someone would be able to help me with drafting a POPLA appeal for a parking charge appeal rejected by Smartparking (overstaying at ASDA Nuneaton carpark).
This happened just 1 day after I moved to Nuneaton and genuinely I had no idea about the parking restrictions. I didn't notice the boards displaying a maximum parking period of 2hrs and hence parked my car for 2 hrs 45 min. I appealed against the PCN issued by smartparking as I was a genuine customer shopping at the retail park (where parking is managed by ASDA) buying things worth over £100. I sent the receipts and bank statements as proof that I was a genuine customer.
However, my appeal was rejected by Smartparking and their response is as follows;
Thank you for your recent communication.
Having considered your appeal in detail we have decided to uphold the Parking Charge Notice (PCN) as we believe that it was correctly issued in accordance with the terms and conditions advertised within the area concerned. Please note you have until 07/02/2016 to pay the outstanding amount of £70.00 after which an admin fee of £10.00 will be added and the PCN will be passed to debt recovery.
We note the comments in your appeal. We also acknowledge the receipt and bank statement that you have provided for our consideration. Please be aware that as stated on the signs in the car park there is a maximum stay period of 2 hours. This is in place to prevent overstays in the car park and abuse of the car park by non-customers which reduces the number of bays for genuine customers. We can confirm that your vehicle was on site for a total duration of 2 hours 45 minutes. Therefore; as your vehicle was parked in excess of this maximum stay time we have no option but to uphold the Parking Charge Notice.
The contravention in question has been issued due to overstayed free time, and as confirmed above that you have exceeded, we can confirm that this PCN has been issued correctly.
The Terms and Conditions of the car park are clearly advertised around the site and must be adhered to by all drivers.
You have now reached the end of our internal appeals procedure.
If the PCN was issued in England and Wales you also have the right of appeal to an independent appeals service (POPLA). If you wish to make an appeal to POPLA the forms are available on their website at www.popla.co.uk
The verification code you will need in order to appeal to the Independent Appeals Service is xxxxxxxxxxx. It is important that you reference this on the appeals form as appeals submitted without this code will not be assessed. You have 28 days from the date of this letter to lodge your appeal with POPLA.
By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.
If you have any trouble in appealing or cannot access the website please contact us on the number above.
Yours Sincerely
Smart Parking Limited
I think Smartparking doesn't hold a right to reject my appeal on the basis that parking for 2 hrs is restricted to avoid "abuse of the car park by non-customers which reduces the number of bays for genuine customers".
In my appeal to Smartparking, in addition to sending the receipts from ASDA and B&M I also pointed out that;
1. I just moved to the area 1 day before the contravention and that I honestly wasn't aware of the parking restrictions of the carpark.
2. Being a Sunday afternoon the carpark was no where near full and there were plenty of free parking bays for other customers which they can check from CCTV footage.
In my POPLA appeal I would also like to request them to check the timings on my receipts proving that I was at B&M and ASDA during the whole 2.45 hrs.
Much grateful if anyone could help me as I find it really unfair to pay £70 for buying goods worth over £100 from their own stores.
The deadline to send the POPLA appeal is 03rd Feb 2016.
Many Thanks
I hope someone would be able to help me with drafting a POPLA appeal for a parking charge appeal rejected by Smartparking (overstaying at ASDA Nuneaton carpark).
This happened just 1 day after I moved to Nuneaton and genuinely I had no idea about the parking restrictions. I didn't notice the boards displaying a maximum parking period of 2hrs and hence parked my car for 2 hrs 45 min. I appealed against the PCN issued by smartparking as I was a genuine customer shopping at the retail park (where parking is managed by ASDA) buying things worth over £100. I sent the receipts and bank statements as proof that I was a genuine customer.
However, my appeal was rejected by Smartparking and their response is as follows;
Thank you for your recent communication.
Having considered your appeal in detail we have decided to uphold the Parking Charge Notice (PCN) as we believe that it was correctly issued in accordance with the terms and conditions advertised within the area concerned. Please note you have until 07/02/2016 to pay the outstanding amount of £70.00 after which an admin fee of £10.00 will be added and the PCN will be passed to debt recovery.
We note the comments in your appeal. We also acknowledge the receipt and bank statement that you have provided for our consideration. Please be aware that as stated on the signs in the car park there is a maximum stay period of 2 hours. This is in place to prevent overstays in the car park and abuse of the car park by non-customers which reduces the number of bays for genuine customers. We can confirm that your vehicle was on site for a total duration of 2 hours 45 minutes. Therefore; as your vehicle was parked in excess of this maximum stay time we have no option but to uphold the Parking Charge Notice.
The contravention in question has been issued due to overstayed free time, and as confirmed above that you have exceeded, we can confirm that this PCN has been issued correctly.
The Terms and Conditions of the car park are clearly advertised around the site and must be adhered to by all drivers.
You have now reached the end of our internal appeals procedure.
If the PCN was issued in England and Wales you also have the right of appeal to an independent appeals service (POPLA). If you wish to make an appeal to POPLA the forms are available on their website at www.popla.co.uk
The verification code you will need in order to appeal to the Independent Appeals Service is xxxxxxxxxxx. It is important that you reference this on the appeals form as appeals submitted without this code will not be assessed. You have 28 days from the date of this letter to lodge your appeal with POPLA.
By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.
If you have any trouble in appealing or cannot access the website please contact us on the number above.
Yours Sincerely
Smart Parking Limited
I think Smartparking doesn't hold a right to reject my appeal on the basis that parking for 2 hrs is restricted to avoid "abuse of the car park by non-customers which reduces the number of bays for genuine customers".
In my appeal to Smartparking, in addition to sending the receipts from ASDA and B&M I also pointed out that;
1. I just moved to the area 1 day before the contravention and that I honestly wasn't aware of the parking restrictions of the carpark.
2. Being a Sunday afternoon the carpark was no where near full and there were plenty of free parking bays for other customers which they can check from CCTV footage.
In my POPLA appeal I would also like to request them to check the timings on my receipts proving that I was at B&M and ASDA during the whole 2.45 hrs.
Much grateful if anyone could help me as I find it really unfair to pay £70 for buying goods worth over £100 from their own stores.
The deadline to send the POPLA appeal is 03rd Feb 2016.
Many Thanks
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