Calling [MENTION=18265]LadySeagull[/MENTION] - or other NSC experts, can I get some advice?[/QUOTE]
1 hour and 1 minute ? 3 hour limit........
1 hour and 1 minute ? 3 hour limit........
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Asda Car Park Fine (Brighton Marina)... Any Tips?
- Thread starter wardy wonder land
- Start date
Yep, I'm struggling to recall the day - and can't find a receipt, but I'm certain we left and came back again later on.
Ah OK you changed your post.......you said 1 minute late when you first posted it............
Sussex Nomad
Well-known member
Happened to me at Crawley Asda. I had no idea I had to pay the pound and get it back at the till. Anyway, after finding this fine, having just spent £365 on groceries, I went back in and told them to rescind the fine or take my shopping back and reimburse me. They rescinded.
It has to be issued by the council or an agent working for them..... you have probably been issued with an invoice, ignore it.
GingerBeerMan
3-0
- Dec 29, 2011
- 8,205
Isn't this outdated information? They can chase you now with a good chance of taking you to court.
Yes! I did! I thought the limit was 3. I'm not having a good day!
Well if it helps my Mrs overstayed at Sainsbury's in Haywards Heath - shopping, plus multiple coffees with pals. Got the penalty notice, took it into the store (this was several days later) and spoke to the manager who got it rescinded straight away.
Westdene Wonder
New member
Quite!
BensGrandad
New member
On seeing the notice I would have immediately gone back in and bought some potatoes milk or bread something I use to get a receipt and argue that I left and came back as I had forgotten the above items. But then I enjoy fighting authority and winning as at the moment I am fighting Booking.com over a booking I want to cancel and the owners want a cancellation fee.
Thanks! Good advice!
LadySeagull
Well-known member
Yep, I won a case last month for a forum poster re that site. It's not a fine but it is nasty. Across the country, Asda have sacked tame old 'Smart Parking' and use horrendously litigious ParkingEye. Anyone who thinks you can ignore that monster clearly likes the idea of a court hearing. ParkingEye sue the pants off people.
Are you saying you visited twice? Known as a 'double-dip' to the Parking Prankster blogger:
http://parking-prankster.blogspot.co.uk/2015/10/parkingeye-subject-to-data-protection.html
And does the PCN mention 'keeper liability' after 29 days under the Protection of Freedoms Act, or is it one with none of that wording and a blank space near the bottom (wording missing)?
What date was the parking event and what is the 'date issued' in the top right box? Send me a pm if you can't get this cancelled by Asda - and don't fire off an appeal giving away the driver. You have 28 days to appeal (not 14, that's the time they offer the 'discount bribe' for) so no rush to appeal, try the Store manager first.
Asda will regret swapping from Smart to PE.
Mattywerewolf
Well-known member
hi [MENTION=18265]LadySeagull[/MENTION]. I got done for staying in car for 26 mins in Gala Bingo carpark off Eastern Road. Received a ticket from Highview Parking. Have previously used this forum to great effect to get off a fine from Parking Eye. I still have a copy of the letter i sent which was very detailed. Would you suggest i use the same formula or are there other letters for different companies in your experience? They hark on about how the Parking Eye v Beavis case have set a precedent for enforceability which i find hard to believe is the full story!
Thank you so much for this, perhaps we could discuss via PM? I can't see a keeper liability line but it does mention 29 days and mentions the Protection of Freedoms Act 2002.
The event was 21/01 and the date issued is 27/01, happy to send you a picture of the notice?
Speaking with my partner this may not have been a double dip..
Bob'n'weave
Well-known member
Ignore. Had a few from this bunch of shysters. Loss or harm? No case. C***s
Bob'n'weave
Well-known member
Sorry, mine were with the old lot. This new bunch are a different breed. still c***s though.
Carry on.
LadySeagull
Well-known member
Highview are easy to beat because like Smart Parking (the tamer firm who got sacked by Asda)
- they are both in the BPA which means they have to offer 'POPLA' and
- neither of them use POFA 2012 wording so they can't hold a registered keeper liable. Yet they only know the data of that keeper.
As long as the driver isn't implied in appeal, you then pave the way to win at POPLA if Highview (or Smart, or Civil Enforcement at ToysRUs, etc.) don;t cancel early doors which they sometimes do.
Both [MENTION=307]Biscuit[/MENTION] and [MENTION=23926]Mattywerewolf[/MENTION] can send online (never, ever post a letter - they 'lose' them) the template appeal here - taken from MSE forum:
Re: PCN No. ....................
I challenge this 'PCN' as keeper of the car.
I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.
Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.
Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach. For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle.
I have kept proof of submission of this appeal and look forward to your reply.
Yours faithfully,
If you have receipts from the day, upload those as well. Only choose 'registered keeper' in the drop-down menu choices of IDing yourself. For lease cars, choose 'lessee/hirer'.
When you get your POPLA codes send me a PM and I will help with POPLA appeals.
A ParkingEye one is harder than a Highview one to argue but both winnable. However, with a ParkingEye one, because they are so damn litigious and it's best to get them cancelled before POPLA, I would be in Asda waving the PCN around and complaining in front of a queue of shoppers at the CS desk if I were you, asap. Hold everyone up, take receipts and bank statements from the entire family to prove regular patronage that will now end immediately if he/she doesn't get on the phone and cancel this NOW. Don't leave the actual PCN with them to sort...keep the original as this is too dodgy to rely on a third party not cancelling on the spot.
ParkingEye ones are very easy for Stores to cancel, one phone call, done. They just don't tell you that, then they sue the unwary.
[MENTION=307]Biscuit[/MENTION], insist on speaking to the Store Manager, not a random daily 'Duty' Manager dragged off the clothing desk and certainly not the first person you speak to who has swallowed the lie that ''the car park is nothing to do with Asda and they can't help''! In fact, Supermarket Store Managers cancel this crap every day and it is vital to try this assertively with ParkingEye ones as they sue like an out of control machine. But they are certainly beatable by early complaints and appeals.
Mattywerewolf
Well-known member
Thanks so much. A quick question. On the online submission form it asks the following questions:
Tick here to confirm that you were the driver and that the PCN you have received contains the correct information
Tick here to confirm that you were not the driver or that the PCN you have received contains incorrect information
You can't continue without answering one of the questions. I assume i need to tick the second one since the first suggests i was the driver which i recall is not to be done. Thanks!
LadySeagull
Well-known member
Sorry not to reply earlier - yes that was right, never tell a private company who was driving, even if it's a lease car, call yourself the day to day keeper or 'lessee' on appeal.
Mattywerewolf's case is now at POPLA so I'm sure we will update when Highview throw in the towel, or lose.
Mattywerewolf's case is now at POPLA so I'm sure we will update when Highview throw in the towel, or lose.