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*CANCELLED - WON* Smart Parking Fine - ASDA carpark

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  • *CANCELLED - WON* Smart Parking Fine - ASDA carpark

    Hi, I was wondering if anybody could help - I've just received a fine (01/04/15) from Smart Parking for parking in Asda car park (Kings Heath, Birmingham) dated 18/03/15 for parking for over 2 hours (2hrs 40) It was at night and the car park was empty and I didn't know there was any restrictions. It's for £40 if paid in 14 days (so ends tomorrow)
    Do I have to pay this?
    Please advise what I can do.
    Many thanks in advance x
    Tags: None

  • #2
    Re: Smart Parking Fine - ASDA carpark

    Was there a date on the envelope and/or the notice ?

    M1

    Comment


    • #3
      Re: Smart Parking Fine - ASDA carpark

      Originally posted by mystery1 View Post
      Was there a date on the envelope and/or the notice ?

      M1
      not on envelope but date on notice was 26/03/15 so 8 days after the 'incident.;

      Comment


      • #4
        Re: Smart Parking Fine - ASDA carpark

        Dear Sirs,

        I, as registered keeper, wish to invoke your appeals procedure. The driver did not see any signs .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.

        If you reject my appeal please supply a popla code.

        Yours etc.


        If they reject the appeal and give a popla code please return for a winning appeal.

        M1

        Comment


        • #5
          Re: Smart Parking Fine - ASDA carpark

          Originally posted by mystery1 View Post
          Dear Sirs,

          I, as registered keeper, wish to invoke your appeals procedure. The driver did not see any signs .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.

          If you reject my appeal please supply a popla code.

          Yours etc.


          If they reject the appeal and give a popla code please return for a winning appeal.

          M1


          Thank you so much, I will do that now!

          Comment


          • #6
            Re: Smart Parking Fine - ASDA carpark

            Hello,

            I have now received a letter saying they believe it was correctly issued etc and they will uphold the PCN.

            They have given a POPLA code.

            The also attached a photo of one of the signs (photo clearly taken in daylight hours too as the blue sky is in the back ground.

            Your assistance is much appreciated on this. :tinysmile_grin_t:

            Thanks
            Jodie

            Originally posted by mystery1 View Post
            Dear Sirs,

            I, as registered keeper, wish to invoke your appeals procedure. The driver did not see any signs .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.

            If you reject my appeal please supply a popla code.

            Yours etc.


            If they reject the appeal and give a popla code please return for a winning appeal.

            M1

            Comment


            • #7
              Re: Smart Parking Fine - ASDA carpark

              Hi Jodie

              I believe [MENTION=5354]mystery1[/MENTION] is going to ask you to post up a redacted (hide or obscure your personal details) copy of the letters and PCN they have sent you. Also are you able to get any pictures of the signage in the car park at night? Are they lit signs etc. and easy to read? pictures showing this and/or how high they may be and placed can all count towards a successful appeal and would give mystery1 more ammo in which to write an appeal for you.

              DirtySmurf

              Comment


              • #8
                Re: Smart Parking Fine - ASDA carpark

                Hi,

                Thanks for your reply.

                That's fine - is it possible to attach documents on here?

                From memory the signs are quite high up but the car park is lit to they would be visible if looking up. I can go back to the car park if necessary and have a look.

                Many Thanks



                Originally posted by DirtySmurf View Post
                Hi Jodie

                I believe @mystery1 is going to ask you to post up a redacted (hide or obscure your personal details) copy of the letters and PCN they have sent you. Also are you able to get any pictures of the signage in the car park at night? Are they lit signs etc. and easy to read? pictures showing this and/or how high they may be and placed can all count towards a successful appeal and would give mystery1 more ammo in which to write an appeal for you.

                DirtySmurf

                Comment


                • #9
                  Re: Smart Parking Fine - ASDA carpark

                  If you click on "Go Advanced" when replying, there is the option to attach documents, just take a picture of the letters with your details hidden etc. Are the actual signs lit or just the car park? how high would you estimate the signs are? Could they be easily read by an average person at night?

                  If you are able to get pictures of them at night, it would certainly help I think.

                  Comment


                  • #10
                    Re: Smart Parking Fine - ASDA carpark

                    Hi,
                    They should now be attached.
                    I would have to return to the car park at night to double check if the signs are lit - I don't recall the signs being easily visible for the car at night when driving past.
                    As you will see, the sign doesn't say if the restriction applies at night.
                    Many Thanks
                    Attached Files

                    Comment


                    • #11
                      Re: Smart Parking Fine - ASDA carpark

                      I'll have a look asap.

                      M1

                      Comment


                      • #12
                        Re: Smart Parking Fine - ASDA carpark

                        Thanks so much for your help on this.


                        Originally posted by mystery1 View Post
                        I'll have a look asap.

                        M1

                        Comment


                        • #13
                          Re: Smart Parking Fine - ASDA carpark

                          I would say you might win but popla is more a gamble than it used to be so it your call whether to risk £40.

                          Similar to this section from arecent popla appeal i did for a parking eye charge.

                          6. Parking eye have not met the requirements of PoFA 2012 schedule 4 and the keeper therefore cannot be held liable.




                          9 2 The notice must -


                          (b) "inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full"


                          The PCN has time of arrival and time of departure at the cameras located at the exit/entrance and clearly the car is/was not parked at this point and thus the period of parking is not specified as required. It is also a requirement that parking is not immediate as per the BPA code of practice.




                          (c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable.


                          This is unclear or missing.


                          (d)specify the total amount of those parking charges that are unpaid, as at a time which is—




                          (i)specified in the notice; and




                          (ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));


                          Parking Eye are claiming £100 but have failed to deduct the £5 already paid and therefore have failed to specify the amount due.


                          (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—




                          (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and




                          (ii)the creditor does not know both the name of the driver and a current address for service for the driver,




                          the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;




                          Parking Eye have stated 29 days from the date given which is different to the statute.


                          (h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;


                          Parking Eye have failed to identify the creditor. Th signs state "Parkingeye Ltd is authorised by the landholder to operate this private car park for and on it's behalf" and on the PCN claim that Parking eye are the creditor. The sign says they are not.





                          Now this is largely untested ground, which if it works utterly screws ANPR operated car parks.

                          Until some results come through there is simply no form to go on.

                          Make a complaint in store as well.

                          M1

                          Comment


                          • #14
                            Re: Smart Parking Fine - ASDA carpark

                            Hi Mystery,

                            Thanks for getting back to me.
                            I did call the store when I received the letter but they said they could't do anything.
                            So how do I approach my response back - should I copy/paste what you've said or what format should I use? Sorry to ask for this to be spoonfed but I've not had one of these before nor have any legal background so your help is very much appreciated.

                            Jodie

                            Originally posted by mystery1 View Post
                            I would say you might win but popla is more a gamble than it used to be so it your call whether to risk £40.

                            Similar to this section from arecent popla appeal i did for a parking eye charge.

                            6. Parking eye have not met the requirements of PoFA 2012 schedule 4 and the keeper therefore cannot be held liable.




                            9 2 The notice must -


                            (b) "inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full"


                            The PCN has time of arrival and time of departure at the cameras located at the exit/entrance and clearly the car is/was not parked at this point and thus the period of parking is not specified as required. It is also a requirement that parking is not immediate as per the BPA code of practice.




                            (c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable.


                            This is unclear or missing.


                            (d)specify the total amount of those parking charges that are unpaid, as at a time which is—




                            (i)specified in the notice; and




                            (ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));


                            Parking Eye are claiming £100 but have failed to deduct the £5 already paid and therefore have failed to specify the amount due.


                            (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—




                            (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and




                            (ii)the creditor does not know both the name of the driver and a current address for service for the driver,




                            the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;




                            Parking Eye have stated 29 days from the date given which is different to the statute.


                            (h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;


                            Parking Eye have failed to identify the creditor. Th signs state "Parkingeye Ltd is authorised by the landholder to operate this private car park for and on it's behalf" and on the PCN claim that Parking eye are the creditor. The sign says they are not.





                            Now this is largely untested ground, which if it works utterly screws ANPR operated car parks.

                            Until some results come through there is simply no form to go on.

                            Make a complaint in store as well.

                            M1

                            Comment


                            • #15
                              Re: Smart Parking Fine - ASDA carpark

                              I have a few to do but am hoping to be all up to date before i return to work on Friday.

                              Asda on facebook and twitter so don't be shy

                              M1

                              Comment

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