Asda parking smart parking fine - won

[Cheryl1957]

A car in my name was being used by my daughter (i keep it for her soul use) in asda peterlee on 9th october , she took poorly (she has cancer) and was unable to drive out of the car park in time , she went over by 16 minutes , we tried several times over the week to appeal online and kept being presented with an error (screen shot attached) .i emailed them and they advised there was no problem with the online appeal system, so i posted in an appeal which was totally ignored.
We went to asda and they told us to ignore it ,
I have now received a letter saying it was heard in court on the 4th of november , i was never informed this was going to court, and how can they apply, receive , and enforce a court summons less than 4 weeks after the parking , less than 2 weeks after the 14 day period for the discounted fine , it is just not making sense to me

[mystery1]

Re: Asda parking smart parking fine

Nor me. Who sent the letter about court ? Have you contacted the court to ask ?

M1

[Cheryl1957]

Re: Asda parking smart parking fine

it was sent by a company called debt recovery plus

[Cheryl1957]

Re: Asda parking smart parking fine

copy of the letter received today

[mystery1]

Re: Asda parking smart parking fine

Aha, so it's just a bullshit debt collectors letter and there have been no court proceedings. Sounds like they were talking about Parking Eye v Beavis.

Email Smart info@smartparking.com telling them you've appealed and getting DRP to write to you pending the result of your appeal breaches the BPA code of practice add in the picture of the failed online appeals and also copy in debt recovery plus.

Do not reveal the drivers id.

M1

[Cheryl1957]

Re: Asda parking smart parking fine

they have not even acknowledge receiving an appeal and that was sent in october

[mystery1]

Re: Asda parking smart parking fine

they have not even acknowledge receiving an appeal and that was sent in october

You got free proof of posting though, right ?

Even if not ask them.

M1

[Kati]

Re: Asda parking smart parking fine

snail mail signed for??

- - - Updated - - -

at least you'd get a signature/proof??

[Cheryl1957]

Re: Asda parking smart parking fine

no i was daft i did not get proof of posting , or register it , i did screen shot a couple of attempts of the online appeal and still have the email from a Mamun Ahmed saying there was not a problem with the online appeal system

[mystery1]

Re: Asda parking smart parking fine

Don't tell them that

They'll still have mucked up keeper liability so they'll still have major issues even if they do not afford you your right of appeal.

M1

[Cheryl1957]

Re: Asda parking smart parking fine

Ok email has been sent , thanks for the advice , i will have to wait for a reply now , if it is as quick as acknowledging my appeal i best not hold my breath .
could not copy in debt recovery plus as there is no email address for them

[Cheryl1957]

Re: Asda parking smart parking fine

well i have just received a reply

Mamun Ahmed <mamun.ahmed@smartparking.com>	11:58 AM (1 hour ago)
to me

***PLEASE DO NOT REPLY - PLEASE FORWARD ANY CORRESPONDENCE TO INFO@SMARTPARKING.COM QUOTING YOUR PCN NUMBER***

Dear Sir/Madam,

Thank you for your recent communication.

We can confirm no appeals have been received.

As per the British Parking Association code of practice (paragraph 22.7), all appeals must be submitted to us within 28 daysof the initial Parking Charge Notice (PCN) being issued. Due to the length of time your PCN has been open, we have now referred this to a debt recovery company (Debt Recovery Plus) who are handling the matter on our behalf.

Please contact them directly if you wish to discuss this further.

Debt Recovery Plus: 0208 234 6775 or 0141 301 2355

Kind Regards,

Mamun Ahmed
PCN Processing Officer
Telephone: 0845 230 3081

[mystery1]

Re: Asda parking smart parking fine

Dear Sirs,

I am disappointed and dismayed that you have chosen to deny me the right of appeal because your appeal system did not work (see attached pictures) and that my written and posted response is somehow "lost". It is well within your capability to allow me the opportunity to appeal and due to your companies failings this should be the least you do.

The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 allow for 12 months for ADR.

Yours etc

M1

[Cheryl1957]

Re: Asda parking smart parking fine

sent , thanks for all your help , will post any response received

[ostell]

Re: Asda parking smart parking fine

Since the OP sent an appeal, which Smart have lost, then surely as members of the BPA then any appeal is counted as accepted if nothing is heard after 35 days.