Smart Parking 'fine' ASDA

[thebatman91]

We've had two letters today

 

First letter:

 

Notice to owner

 

date of contravention : 27/01/2015

letter dated: 02/03/2015

 

 

received by us : 11/04/2015

 

Apparently we parked in a parent & child bay with no children, we do have two children under 6 but cant say for certain if they were or were not present ( though child car seats would have been visible within the car regardless )

 

amount: £70

 

 

 

 

second letter

 

Debt Recovery Plus

 

date of notice: 09/04/2015

received by us: 11/04/2015

 

 

demanding payment of £120.00 no later than 23/04/2015

 

 

 

 

Both letters have arrived today, almost three months after our contravention

 

who would I write to and what would I write, I recall a template of an appeal here but cant locate it.

 

many thanks

[renegadeimp]

Appeal and get a popla code. They know they can't charge ANYTHING at all. Also I think they are well out of time for sending a NTK

[DragonFly1967]

You didn't happen to note any postmark on the envelope for the NTK dated 02/03 did you? Though it really matters not, unless there was a windscreen ticket on 27th Jan??

[thebatman91]

I didn't see any postmarks , but in all honesty wasn't looking for it.

So I couldn't say for certain either way sorry.

 

nothing was on our windscreen, so either it never was there or somebody removed it before we returned.

 

We use this particular ASDA at least daily , often multiple times a day, as we even share identical postcodes ( same road )

and have never had issue.

Also as stated we do in fact have two children.

 

sadly this store is the only supermarket within a 15min drive in any direction, so we do still continue to use it.

[DragonFly1967]

Oh, don't worry too much. You won't be paying (not very) Smart Parking a penny.

 

I don't have time this evening, but if no one else has helped you before, I'll get to this tomorrow afternoon.

[thebatman91]

Hi DragonFly1967,

 

Hoping your still able to offer advice?

 

Many thanks

[renegadeimp]

Have a read on other threads while you wait for advice. youll see that you will never have to pay them a penny.

[DragonFly1967]

Dang, sorry. I got tied up with other things yesterday and didn't even sit at the computer.

 

I'll do this this evening when I get back from work, promise.

[Cardiff Devil]

In your appeal just state that you had your two small children with you. Smart Parking will in all likelihood not be able to prove otherwise.

[renegadeimp]

Tell them there was a rabbit in each space and you used the one that didn't. Seriously, they can't do anything so have some fun. Gpeol will win every time and they know it.

[armadillo71]

In your appeal just state that you had your two small children with you. Smart Parking will in all likelihood not be able to prove otherwise.

 

The appeal is by the RK not the driver. They may have no knowledge of the date in question...

 

The NTK is out of time for keeper liability.

 

A simply worded appeal to 'smart ' by the RK denying liability for the charge as the conditions for keeper liability under schedule 4 of the POFA 2012 have not been met.

 

Ignore DR+.

 

Complain vigorously instore if you wish.

[DragonFly1967]

I'd go, more or less with what Armadillo has said above.

 

For a first stage appeal it needn't be anything too taxing for them to read, pointless trying to confuse the poor dears. You may also want to write it in crayon as well, they'll like that.

 

 

Something along the lines of...

 

 

Dear Cretins

 

Ref: PCN Number

 

As Recorded Keeper of the vehicle, registration XXXX XXX I would like to inform you that I am not liable for this charge.

 

The driver on the date in question has informed me that they had their child(ren) in the vehicle when it was parked, and unlike a certain Mr Cameron, had the child(ren) with them in the car when they left again. Unless you have evidence to the contrary, I have no reason to disbelieve them.

 

Please cancel this charge immediately or send me, by return of post, a POPLA code and I shall take it up with them instead.

 

 

Signed

 

Recorded Keeper.

 

 

 

I'd save the breach of POFA etc for the POPLA appeal if (not so) smart are daft enough to want to go there.

[thebatman91]

Thanks!!

 

Once again, this forum saves the day!

 

Ill write that up and send it this afternoon.

 

Many thanks again!

 

Lee

[thebatman91]

Had a response from Smart Parking:

 

 

 

Dear Batman

 

 

Parking Charge Notice: ########

 

Thank you for your recent communication.

 

As per the British Parking Association code of practice ( paragraph 22.7 ), all appeals must be submitted to us within 28 days of the Notice to Keeper 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: 0844 561 0###

 

 

Sincerely

 

 

Smart Parking Limited

 

 

 

Where do I go from here?

[honeybee13]

Hello there.

 

Does this refer to your previous thread please?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?444242-Smart-Parking-fine-ASDA

 

HB

[DragonFly1967]

Now, you do absolutely nothing except sit back and have a laugh at the increasingly desperate letters that you'll be getting from DR- (there'll be 3 or 4 depending on what mood they're in) the last one being a "Reduced Payment Offer" before they 'recommend to their client' that 'court action will follow'

 

Don't reply to DR- or engage with them in any way what-so-ever.

 

DR- don't have the authority to put the kettle on without Daft Parking's permission, so their threats of court action (and/or anything else (like kidnapping your goldfish)) are about as much use as a basement in an igloo.

 

 

Daft Parking took absolutely no one to court in the whole of 2014.

[i hate bailiffs]

Get on to asda not that they care for customers but if everyone complained it will eventually get the parking company the boot

Shame not another shop near by

Formal complaint time