Brighton Marina Smart Parking Fine

[Justin1976]

HI there...

I would really appreciate your help please. Yesterday I received in the post a 'ParkingCharge Notice' advising that I am to pay up £70!!!!! In fact - I received on the same day (25/08/15) both what appears to be the original notice which was apparently printed on 17/07/15 and the follow up letter advising me that my 'discount' period had passed.

The 'apparent' offence took place at the ASDA store in Brighton Marina on11/07/15 - they have a 3 hour parking limit of which I was over by 27 minutes.In all honesty I had no clue about the minimum parking limit. Driving into thecar park I am more concerned with finding a space and cars reversing out of spaces and not seeing me - and then when walking to thestore - the safety of my 4 children. Yes, I agree that I was over the allottedtime - however - shopping that day as a single parent with 4 children is achallenge - we grabbed some food from ASDA and ate it in the car as thechildren were very hungry after having a lovely day out in Brighton. I simplyparked in ASDA after our time in the main area of Brighton to do a big shop - I ended up buying clothes for the children of which they of course had to try on and finally feed the children before making our way home which is an hour journey.

Can you help me with this please? £70 is a lot of money and I do not feel Ishould be forced to pay! Please help!?!

I have attached both the original notice and subsequent letters I received FYI.

Many thanks for any help you can provide!

[mystery1]

Re: Brighton Marina Smart Parking Fine

Go to Asda and seek out the manager. Proof of spending helps. If you are a regular even better (bank statements). If that fails twitter/facebook.

You should also appeal.

Dear Sirs,

I, as registered keeper, wish to invoke your appeals procedure. The driver did not see any signs and was a genuine shopper. (see attached receipts). In any event your charges are penal in nature and not a genuine pre estimate of loss.

I am under no statutory obligation to name the driver and will not do so. Your notice to keeper was received at the same time as the reminder, which is headed notice to owner, and as such was too late for the purposes of PoFA 2012 schedule 4 paragraph 9.

Please supply a popla code if this appeal is refused.

Yours etc


If you get a popla code let me know.

M1

[Justin1976]

Re: Brighton Marina Smart Parking Fine

Thanks M1 for such a prompt reply.

I will check my bank statements but I usually deal with cash only... cannot trust myself with cards usually after coming out of a recent IVA - but I am sure I did put the petrol on my card as I usually do with fuel and pay it off monthly in an attempt to improve my credit rating! Would it help if I provide proof of petrol purchase? I am not a regular as I live an hour away - but it is a very large store and you can get some good deals... hence why I popped in!

The appeals procedure is detailed on the back of the notice... I assume that I appeal direct to 'Smart Parking' and not to ASDA directly?

As you have referred to above - both letters where received on the same day - even though they have different creation dates - do I need to give any more detail in relation to this fact or as to anything else I have mentioned in my original post?

Sorry - just need to get this right and for this to go away!

Thanks

[mystery1]

Re: Brighton Marina Smart Parking Fine

The appeals procedure is detailed on the back of the notice... I assume that I appeal direct to 'Smart Parking' and not to ASDA directly?

Yes.

Most 1st appeals are rejected. Genuine shopping can yield results where proof is supplied. You can expand the appeal but i don't think it's worth the full Mills & Boon although others do.

Sorry - just need to get this right and for this to go away!

When people are proactive and start the process right away, as you have, and follow the correct method then the chances of winning are very close to 100%. (BPA companies such as this one at any rate)

M1