Asda Parking Charge Smart Parking

[Truezplaya]

Hi,
I've received a parking fine (PCN) in a asda car park.

It's not the first time I had parked in the car park but this particular time I was installing some devices for the doctors surgery across the road and lost track of time. I suddenly realised and ran to the car to find a fine on the window and that It had been issued very shortly before I had arrived at the car. I had brought my breakfast from asda and I also brought lunch.

The notice was stuck to the windscreen and looks like a receipt, no images of the car just the colour, reg , time the ticket was issued, make, type with the contravention stating out of time. I was 16 - 20 min out of time by the time I got to the car. Due to not being from the area and being in a rush to get home I just took the fine off the window and drove home.

Upon reading the fine I thought it was a little bit steep at £40 quid if paid within the first 14 days and £70 if paid within 28 because the car park was no where near full, I had picked some items up from asda and the cost to park there was just £1 for 2 hours. After reading around a little I can't see how they have incurred £40 in loss's in 20 min as 40 quid would equate to 80hrs parking. I understand theres admin fee's etc but I think I may have some grounds to appeal.

Worst of all I was in my brothers car so hoping to resolve this without telling him so he will trust me with his car again.

Can anyone offer up how to word such an appeal?

Many Thanks

[ostell]

Re: Asda Parking Charge Smart Parking

Probably best to tell him then wait for the notice to keeper to arrive and hopefully (probably) it will have errors so they can't hold your brother liable for the charge. And as they don't know the name of the keeper then they can't come after you.

Don't phone them and don't let them know who was driving.

[mystery1]

Re: Asda Parking Charge Smart Parking

Probably best to tell him then wait for the notice to keeper to arrive and hopefully (probably) it will have errors so they can't hold your brother liable for the charge. And as they don't know the name of the keeper then they can't come after you.

Don't phone them and don't let them know who was driving.

And moan to the manager of Asda, then the surgery and if no joy see if you can add it to their bill !

M1

[Truezplaya]

Re: Asda Parking Charge Smart Parking

So you don't think I should appeal through their process and then go via popla?

[mystery1]

Re: Asda Parking Charge Smart Parking

So you don't think I should appeal through their process and then go via popla?

Not until you get a notice to keeper via post.

M1

[Truezplaya]

Re: Asda Parking Charge Smart Parking

How long does this take and I'll warn him

[mystery1]

Re: Asda Parking Charge Smart Parking

Between days 28 & 56.

M1

[Truezplaya]

Re: Asda Parking Charge Smart Parking

I spoke to the manager on the phone in asda and he didn't seem arsed basically said we have to have good reason, I stated that the loss of revenue from me as a customer should be good enough to which he said there isn't anything I can do.

If I leave this until the 28 days until a notice gets put through my brothers door I can no longer appeal via smart parking which means I won't be able to launch a popla appeal.

The ticket is just like a receipt , is this a notice to keeper ?

My brothers telling me to pay it as he is going through the process of getting a mortgage and doesn't want any ticks against him

[mystery1]

Re: Asda Parking Charge Smart Parking

That's a notice to driver.

The only way to get a "tick" against him is to go to court, lose & then fail to pay within 28 days.

If I leave this until the 28 days until a notice gets put through my brothers door I can no longer appeal via smart parking which means I won't be able to launch a popla appeal.

If your brother is keeper then that is correct but he will be able to appeal

He also has the option at any time before court action is started (it cannot be started whilst any appeal is in progress) of telling them your details which extinguishes any chance of keeper liability.

It is, by far, better to have keeper liability on your side for a popla appeal because they nearly always screw up !

Try Asda on twitter, mention the manager couldn't care less.

M1

[Truezplaya]

Re: Asda Parking Charge Smart Parking

I started the process on Twitter to get the managers number as getting through their helplines are just useless. They also said they pretty much couldn't help until I demanded a phone number

How is it that you have to wait for a notice to keeper before you can start the best approach to appealing it just sounds stupid. It means that the driver would be screwed if he had received the ticket as essentially they would have to wait until the fine had doubled before they could appeal.

This whole private parking sector seems like a massive grey area. I'm concerned about leaving it as I don't really want to pay 70 quid 🙈 And it's hassle for my brother.he ain't particularly happy about it

[mystery1]

Re: Asda Parking Charge Smart Parking

You don't have to, it's just that it gives the best chance of winning. Keeper liability is a statutory regime. Private parking is not. It's way easier to find flaws in a statutory requirement than some random shit that nobody polices.

Whilst you may win as driver, the keeper is most likely to win.

M1

[Truezplaya]

Re: Asda Parking Charge Smart Parking

if I wanted to go ahead now with the appeal now whats my best approach.

I've been looking around and it seems that possibly the best approach as the sign states maximum stay 2 hours.

Stating that the offer to park over two spaces of time for another 2 hours £40(£70) if settled early
(versus £1 for two hours) is not a genuine offer to park. It is fee
for damages dressed up as a contractually agreed amount. I mean, who in
their right mind would agree to pay £40(£70)for a 2 more hours, when it is £1 per 2
hours? This argument is strengthened if there is no provision at the car
park to pay the £40(£70) when you park there (almost always there is no provision to
pay the £40(£70)and you can only pay it after you receive the ticket on your
windscreen ticket or a demand in the mail). If there is no provision to
pay the higher amount on site at the car park, then you claim in our appeal
that it cannot be a genuine offer to pay that amount, and is really a claim for breach of
contract dressed up as a contractually agreed sum, and therefore not
recoverable by the car park company.

Any Ideas?

Cheers

[mystery1]

Re: Asda Parking Charge Smart Parking

So you want to appeal as/ on behalf of your brother or has he named you ?

M1

[Truezplaya]

Re: Asda Parking Charge Smart Parking

My brothers told me to appeal now or pay, I can't argue it is his car and I want to avoid him getting hassled.

So appeal as myself please, he hasn't named me yet.....

[mystery1]

Re: Asda Parking Charge Smart Parking

Dear sirs,

I wish to invoke your appeals process. I was invited on to the land in order to carry out work on the surgery. I was also a customer of asda.

Should you reject my appeal please supply a popla code.

Yours etc

Don't forget to add name and address.

M1