Asda Car Park Fine (Brighton Marina)... Any Tips?

[Westdene Seagull]

I know we are talking a slightly different scale here, but it appears to me that by avoiding paying a fine for parking where you should not have and a sign is available saying " please don't park here as we have a car park that is for the use of our patrons, and if you park here and the car park is subsequently full you are taking up a space that should be used by our customers" , then what is the difference between what the bar room lawyers on here are advocating and what Starbucks and amazon get away with that people are so indignant about?

Shirley they are using exactly the same logic of avoiding paying a levy/ tax/ fine/ whatever to what is being proposed here.

It smacks a bit like someone getting off a crime that everyone knows he/ she is guilty of, but because an officer of the law sneezed on his notebook therefore making it unreadable, his evidence is in admissible or someone getting caught doing 100 mph and them getting off as the device had the wrong type of paint on it...a bit far fetched but you know what I am getting at.

But you're talking of consequences to do with criminal acts. Parking in a private car park and breaking a contract ( even assuming the contract is valid ) is not criminal.

Taking it back to basics - under contract law a supplier can not penalise a private individual if that individual breaks the contract. All they can claim are losses to put them back to where they would have been if the contract hadn't been broken. So in a free car park, if someone over stays by 30 minutes what has the supplier lost ? Nothing or certainly not the £100 they generally ask for. To take your example of a full car park and so there being a possible loss of business - the supplier has to quantify what that loss would be and in that situation that is impossible. How would they know if the 'genuine' user will have brought something for a pound or a thousand pounds or even at all ? Even if they could, it's not the supplier that has lost out - it is the shop. Therefore the shop would have to take court action NOT the supplier of the parking 'management' service.

The private parking companies don't like contract law as it stands because their whole business model is built around people breaking the contract. What if nobody broke the contract and stuck to their made up rules ? They'd go bust very quickly. That highlights how false their business model really is.

 

[wardy wonder land]

hello all,

I have been using the marina for 20 years plus, in all that time, i vary the choice of carpark depending what mood i'm in (turn left, straight on etc)
I have never paid any attention to the signs for either, never have been any issues before - maybe i have a historical mental setting to use the asda rather than the multi

this occasion, i parked by the tunnel coz of the inclement weather - and ease of access for the kids

i have "cut & paste"ed the MSE template into the online Smart parking website appeal page........

let's see what happens next


Film A Me & 3 year old "Planes 2" - 7/10 - the only issue was the 1/2hour of adverts before the film, meaning said 3yo was at his limit of attention span for the last 30mins of the film

Film B her & 8 year old "Nut Job" - 6.5 - only film left to watch for her age group after a summer holiday cinema visits with grandparents

Food - Pizza Hut - Ice cream factory massive hit

 

[The Andy Naylor Fan Club]

hello all,

I have been using the marina for 20 years plus, in all that time, i vary the choice of carpark depending what mood i'm in (turn left, straight on etc)
I have never paid any attention to the signs for either, never have been any issues before - maybe i have a historical mental setting to use the asda rather than the multi

this occasion, i parked by the tunnel coz of the inclement weather - and ease of access for the kids

i have "cut & paste"ed the MSE template into the online Smart parking website appeal page........

let's see what happens next


Film A Me & 3 year old "Planes 2" - 7/10 - the only issue was the 1/2hour of adverts before the film, meaning said 3yo was at his limit of attention span for the last 30mins of the film

Film B her & 8 year old "Nut Job" - 6.5 - only film left to watch for her age group after a summer holiday cinema visits with grandparents

Food - Pizza Hut - Ice cream factory massive hit

Deal with the customer service manager at Asda. You will get no joy with Smart park.

 

[Westdene Seagull]

Deal with the customer service manager at Asda. You will get no joy with Smart park.

I agree with you about complaining to Asda ( although he wasn't a customer ) but he WILL get somewhere with Smart - either a cancellation ( probably around a 90% likelihood ) or a POPLA code.

 

[LadySeagull]

Smart will just cancel - they don't know how to respond or can't be bothered and move on to an uninformed victim who actually believes it's a 'fine' that they have to use 'the law' to evade...

Amazing to think just two years ago some Police actually used to aide and abet private car clampers, thinking they were like real bailiffs 'cos they had the signs up and hi-viz vests and all (so it must have been legit...). Hmmmm now clamping/towing and blocking in is a crim offence as it always should have been. Yet people still think that private firms (ex clampers often) can 'fine' people!

 

[Spicy]

Here's an offer then - if you feel uncomfortable not paying I'll write your appeals for you and you donate £20 to REMF ? That way I can prove a point and your consonance is clear.

Could you also offer this service for supermarket car parks 50 miles north of Brighton so that my conscience is clear??

 

[Westdene Seagull]

Could you also offer this service for supermarket car parks 50 miles north of Brighton so that my conscience is clear??

Absolutely ! I'll do anyone on NSC with more than 100 posts the deal just as long as they contact me within a week of getting the fake ticket. I'll write the original appeal to the PPC and if necessary the POPLA appeal. You pay £20 ( or more if you like ) to REMF.

 

[Spicy]

Absolutely ! I'll do anyone on NSC with more than 100 posts the deal just as long as they contact me within a week of getting the fake ticket. I'll write the original appeal to the PPC and if necessary the POPLA appeal. You pay £20 ( or more if you like ) to REMF.

Deal. No fines or tickets outstanding currently but will bear it in mind.

 

[LadySeagull]

If Westdene Seagull is not around to help with one, I will offer the same - we can pretty much be certain of a win against 99% of these parking firms. Basically if your 'parking ticket' doesn't have the word 'penalty' in the acronym then it's a fake PCN and = a private invoice that can be appealed and won but should no longer be ignored. An certainly not PAID!

Between us we can write appeals and POPLA or IAS appeals for any NSC regular. No-one should think they've been 'fined' for parking over a crack in the pavement or driving around with an offensive wife, or whatever the scumbags use as their excuse.

 

[BensGrandad]

Just had my appeal allowed at POPLA in similar circumstances. The notice is posted on this board under the thread title pepipoo website. I also had one cancelled by the company for overstaying at ASDA Hollingbury, the truth is after going into Asda I left the car there and caught the bus to Coldean Lane/ Lewes Rd and walked to a game at The Amex on Saturday, when I returned I had a 'ticket' so wrote to the company saying I spent longer in the shop and having coffee than expected. I had only gone in there to buy coke and takeaway sandwich for football.

 

[seagullsovergrimsby]

Just had my appeal allowed at POPLA in similar circumstances. The notice is posted on this board under the thread title pepipoo website. I also had one cancelled by the company for overstaying at ASDA Hollingbury, the truth is after going into Asda I left the car there and caught the bus to Coldean Lane/ Lewes Rd and walked to a game at The Amex on Saturday, when I returned I had a 'ticket' so wrote to the company saying I spent longer in the shop and having coffee than expected. I had only gone in there to buy coke and takeaway sandwich for football.

Once word gets about that Asda Hollingbury car park is an unofficial park and ride site it will be rammed on a Saturday afternoon

 

[BensGrandad]

Lots of appeals to POPLA and hopefully cost the ticket issuing company a fortune.

 

[LadySeagull]

Well done for winning your POPLA appeal Ben's Grandad, as we knew you would anyway. Same goes for this poster and anyone with any private scam PCN for any reason, anywhere, in 99.9% of cases. If you look at the POPLA % it's about 50-50 but that's because of sooo many clueless people appealing but telling the story of what happened, which loses at POPLA as that's mitigation.

Every case on the MSE and pepipoo forums wins at appeal. Has done for 18 months at POPLA for scam PCNs from BPA member firms and now we're learning how to win against IPC member firms at IAS appeal too which needs a court defence style appeal (pity the poor people like old ladies who write about 'what happened' when their Blue Badge slipped across the dash, not knowing they haven't a hope).

 

[Garage_Doors]

sooo many clueless people appealing but telling the story of what happened, which loses at POPLA as that's mitigation.

Understand the basis of what your post was saying except the bit above, what does that mean?

 

[Notters]

Lots of appeals to POPLA and hopefully cost the ticket issuing company a fortune.

They don't even have a café at that asda do they?!

 

[southstandandy]

I didn't realise the multi-story was 4 hours only. When did this happen or has it always been like this and I have just been lucky?

It says 4 hours in the car park, but I regularly go there for a whole afternoon sometimes seeing a couple of films back to back and do a bit of shopping and regularly spend way more than 4 hours in the Marina car park. I don't think they rigorously enforce the 4 hour limit there, but as other people have said the Asda car park is controlled by cameras. In future the Marina car park is the place to go.

 

[Westdene Seagull]

Understand the basis of what your post was saying except the bit above, what does that mean?

POPLA appeals have a fairly tight criteria for what they will allow for a successful appeal, most of it around contract law and compliance to BPA rules. If you say what happened then they will not allow the appeal, some examples :

> My child feel ill and so we had to go to the toilet making us 5 minutes late - FAIL
> I fell over gashing my head which required an ambulance to be called thus making over an hour late - FAIL
> I brought a ticket but it slipped off, here's a copy - FAIL
> The charge doesn't represent the true loss to the company - SUCCESS
> The signage does not conform to BPA requirements - SUCCESS

So, so many people think say what happened, however reasonable, will win them their appeal - it won't. This industry is a scam industry with a business model designed to produce profits not from car park management as they claim but from charging unlawful penalties. That industry is supported by a scam trade association and a so called 'independent' appeals services.

So POPLA is independent ?? Hmmmm ..... they care contracted by the BPA. The BPA own the domain name. POPLA is run by London Councils who remarkably are a member of the BPA. Independent my arse !

 

[Biscuit]

Hi guys, stayed in ASDA Brighton Marina for over 4 hours and got a £70 fine (read: invoice) loads of good advice in this thread, but does anyone have any experience appealing Brighton Marina ASDA charges and could share their experience?

 

[wardy wonder land]

hello all,

I have been using the marina for 20 years plus, in all that time, i vary the choice of carpark depending what mood i'm in (turn left, straight on etc)
I have never paid any attention to the signs for either, never have been any issues before - maybe i have a historical mental setting to use the asda rather than the multi

this occasion, i parked by the tunnel coz of the inclement weather - and ease of access for the kids

i have "cut & paste"ed the MSE template into the online Smart parking website appeal page........

let's see what happens next


Film A Me & 3 year old "Planes 2" - 7/10 - the only issue was the 1/2hour of adverts before the film, meaning said 3yo was at his limit of attention span for the last 30mins of the film

Film B her & 8 year old "Nut Job" - 6.5 - only film left to watch for her age group after a summer holiday cinema visits with grandparents

Food - Pizza Hut - Ice cream factory massive hit

Hello - yes i did this and it worked - no fine

 

[Biscuit]

Calling [MENTION=18265]LadySeagull[/MENTION] - or other NSC experts, can I get some advice?