I have recently received a fine at an ASDA carpark.
The store was closed (sunday night) and carpark was dark.
A few weeks later I received a letter that I had out stayed my welcome by 30 mins of their 1.5 hours.
I have revisited the carpark and again the lights are out of use. There are signs but obviously not lit up.
I have appealed and has been rejected.
This was my letter. . .
“To whom it may concern,
I am writing to contest a recent parking notice which you have issued to me dated 06/09/2015, which I received on 21/09/2015.
My quires are as follows:
When I parked in the Hazel Grove ASDA car park, at 18:13 the car park was not lit and I could not see any parking signs at that time. Upon revisiting the car park at a similar time I have found the signs on lamp posts that again are not illuminated and therefore not fully legible. I have photographic evidence upon request.
Looking at the signs there are no stipulated operational times of the car park cameras, thus not stating if it is 1.5 hours free when the store is operational, or a full 24 hour operation irrelevant to store open closure times. If it is only operational during store hours then surely you would install barriers to block car park access.
The parking signs also state that it is a free car park for up to 1.5 hours, however if longer is required “See our customer service colleagues in-store to organise” This clearly does not apply as the store was closed and makes this request impossible.
Referring back to the parking notice, you are charging me £40 for an extra 30 minutes over the allotted time. This works out at a minimum of £1.31 per minute, how can this charge be justified in a car cark that is free in the first place?
This charge would be fully understandable if my 30 minutes over the stipulated 1.5 hours were to prevent other ASDA customers from parking, causing of a loss of custom to the store. However the store was closed so this is not the case.
I expect you to fully reconsider this parking charge as there is a lack of clarity and many inconsistencies within how you operate.
I will look forward your response.”
This was their Rejection letter;
“Parking Charge Notice: XXXXXXXXXx
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. As your appeal was received within the initial discount period we have extended the discount period until 10/10/2015.
We have noted the comments stated that you did not see the signs at the site however we can confirm all the signs on site comply with BPA(British Parking Association) code of practice and are reflective as evidence in the images you have provided. It is the driver's responsibility to ensure they check and adhere to the signs when on private land.
We note the comments stated that the signs do not state the operational time however this confirm that the terms and conditions are in pace at all times this would be stated. We also note the comments stated that you were not able to request more time as the store was closed however as it is stated Asda customer car park if you were not a customer at the store an alternative location would have need to be found or the time on site would need to comply with the terms and conditions as stated.
With regard to the amount of the charge, a pre-estimate of loss is no longer a requirement by the BPA as of October 2014. As per the BPA guidelines (October 2014, paragraph 34.6) the amount must be proportionate and commercially justifiable. The signage around the car park clearly advises that any motorists parked in breach of the advertised terms and conditions may incur a Parking Charge Notice.
As stated on the signs in the car park there is a maximum stay period of 1.5 hours. This is in place to prevent overstays in the car park and abuse of the car park by non-customers. As your vehicle was parked in excess of this maximum stay time we have no option but to uphold the PCN.
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 XXXXXXXXX. 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”
So my question is, do I have a leg to stand on or do I just cough the £40?
Many thanks
Dom
The store was closed (sunday night) and carpark was dark.
A few weeks later I received a letter that I had out stayed my welcome by 30 mins of their 1.5 hours.
I have revisited the carpark and again the lights are out of use. There are signs but obviously not lit up.
I have appealed and has been rejected.
This was my letter. . .
“To whom it may concern,
I am writing to contest a recent parking notice which you have issued to me dated 06/09/2015, which I received on 21/09/2015.
My quires are as follows:
When I parked in the Hazel Grove ASDA car park, at 18:13 the car park was not lit and I could not see any parking signs at that time. Upon revisiting the car park at a similar time I have found the signs on lamp posts that again are not illuminated and therefore not fully legible. I have photographic evidence upon request.
Looking at the signs there are no stipulated operational times of the car park cameras, thus not stating if it is 1.5 hours free when the store is operational, or a full 24 hour operation irrelevant to store open closure times. If it is only operational during store hours then surely you would install barriers to block car park access.
The parking signs also state that it is a free car park for up to 1.5 hours, however if longer is required “See our customer service colleagues in-store to organise” This clearly does not apply as the store was closed and makes this request impossible.
Referring back to the parking notice, you are charging me £40 for an extra 30 minutes over the allotted time. This works out at a minimum of £1.31 per minute, how can this charge be justified in a car cark that is free in the first place?
This charge would be fully understandable if my 30 minutes over the stipulated 1.5 hours were to prevent other ASDA customers from parking, causing of a loss of custom to the store. However the store was closed so this is not the case.
I expect you to fully reconsider this parking charge as there is a lack of clarity and many inconsistencies within how you operate.
I will look forward your response.”
This was their Rejection letter;
“Parking Charge Notice: XXXXXXXXXx
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. As your appeal was received within the initial discount period we have extended the discount period until 10/10/2015.
We have noted the comments stated that you did not see the signs at the site however we can confirm all the signs on site comply with BPA(British Parking Association) code of practice and are reflective as evidence in the images you have provided. It is the driver's responsibility to ensure they check and adhere to the signs when on private land.
We note the comments stated that the signs do not state the operational time however this confirm that the terms and conditions are in pace at all times this would be stated. We also note the comments stated that you were not able to request more time as the store was closed however as it is stated Asda customer car park if you were not a customer at the store an alternative location would have need to be found or the time on site would need to comply with the terms and conditions as stated.
With regard to the amount of the charge, a pre-estimate of loss is no longer a requirement by the BPA as of October 2014. As per the BPA guidelines (October 2014, paragraph 34.6) the amount must be proportionate and commercially justifiable. The signage around the car park clearly advises that any motorists parked in breach of the advertised terms and conditions may incur a Parking Charge Notice.
As stated on the signs in the car park there is a maximum stay period of 1.5 hours. This is in place to prevent overstays in the car park and abuse of the car park by non-customers. As your vehicle was parked in excess of this maximum stay time we have no option but to uphold the PCN.
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 XXXXXXXXX. 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”
So my question is, do I have a leg to stand on or do I just cough the £40?
Many thanks
Dom
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