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the usual!!! parking again! - concrete

Since the so called Protection of Freedoms Act, it has made life simpler for the parking sharks to extract money from drivers or registered keepers. In normal circumstances I would recommend paying a properly issued local authority PCN, unless their are extenuating circumstances. As for the other kind of PCN from the sharks I am less inclined to pay up for some percieved loss or damage by a small overstay. Which brings me to my point. SWMBO and daughter went Christmas shopping. They overstayed by 22 minutes, the free 3 hour limit(yes, I know--3 hours!) They insist however that this overstay was caused by the inability of Asda Home to process their purchases correctly, which they insist took over 40 minutes to complete at the till. Partly due to a trainee operating the till incorrectly. I am prepared to go in to bat for my ladies but knowing the intransigence of ParkingEye I am not confident an appeal will be favourably considered. In view of the above mentioned Act, does anyone have a recent direct experience of dealing with the sharks at ParkingEye? Or going through an appeal process with them? Any positive comments welcome. Please no 'you did the crime now do the time' sermons. I have already pointed out to the ladies that it is really their responsibility to be aware of the parking conditions. Unless anyone has a guaranteed method of getting this message through to shopping females!!

Cheers Concrete

the usual!!! parking again! - Dwight Van Driver

Sorry concrete me old son but if it had been 5 mins over I would have sympathy but over TWENTY MINUTES???????????

If it were me I would be giving them a Xmas present of my dosh but only after containg the manager of Asda to see if they would help as it seems they were in part to blame through their incompetence. More so if the park is outside their premises they may have some sway to negate the ticket.

dvd

the usual!!! parking again! - RT

Was this in an Asda car park - if so, I'd suggest appealling to the store manager explaining the detail of why they were delayed without making it look like a complaint about poor service!

the usual!!! parking again! - gordonbennet

Agree with RT, the store manager might be able to pull a string or two.

As for advising any woman, let alone two of the blighters for goodness sake, about using their noddles you're on your own mate, we'll have a whip round for your wake (from a safe distance) and raise a glass to a fellow traveller who tried to do the impossible..:-)

the usual!!! parking again! - daveyjp
Kick off big style to the manager of the store and send a copy to the MD of Asda Walmart. If they want to control parking fit a barrier with pay on exit, not penalise customers for adding to their profits.

If this fails over to Pepipoo or moneysavingexpert for detailed advice.

Since their court win on very narrow grounds lovely Parking Eye owners, Capita, are now sending debt recovery letters using a company called Equita demanding £200 to anyone who hasn't paid Parking eye invoices.

Equita is owned by Capita. Ramping up debt charges by using internal companies may eventually land them in hot water, but as Capita once ran the DVLA and now run lots of areas of Government it will probably never happen.

Edited by daveyjp on 13/12/2015 at 21:36

the usual!!! parking again! - concrete

Thanks guys. Very sound comments all. You are right DVD, I did point out the fact that 20 minutes looks like sheer carelessness!!! GB, I don't intend to go there!!! I may be brave but not stupid!!!

I will see the manager at AsdaHome today. They share a huge car park with TK Maxx, The Range and Craftstores. If he supports us then an appeal will be lodged.

As for debt recovery companies and so called 'solicitors' letters. They are normally linked commercially to the parking sharks. As they always say 'Incest is best kept in the family!'

Cheers for now. Concrete

the usual!!! parking again! - andyp

I will see the manager at AsdaHome today. They share a huge car park with TK Maxx, The Range and Craftstores. If he supports us then an appeal will be lodged.

Just out of interest/being nosy Concrete is this Maidstone you are talking about ?

the usual!!! parking again! - concrete

I will see the manager at AsdaHome today. They share a huge car park with TK Maxx, The Range and Craftstores. If he supports us then an appeal will be lodged.

Just out of interest/being nosy Concrete is this Maidstone you are talking about ?

Sorry for the delay andyp. Yes it was Maidstone where all this took place.

Interesting comments from 'golfeater'. Very Zen. Deep and meaningful. So deep and meaningful in fact, I don't understand them!

Cheers Concrete

the usual!!! parking again! - FP

The Beavis vs Parking Eye case was over an £85 parking charge for overstaying by an hour or so. The Supreme Court judgement of November 4th 2015 stated that this was not an unreasonable amount, but also that P.E. "could not charge a sum which would be out of all proportion to its interest or that of the landowner for whom it is providing the service."

So the position (as set by this precedent) is hardly clearer than it was before, but I would hesitate to suggest taking them on in the courts on the basis that the charge is unreasonable, unless they are trying to charge you much more than £85.

However, there are still many avenues that could be explored if you have the time and inclination.

As ever, Pepipoo is your aid; you may like to read the progress of a case involving Parking Eye here

http://tinyurl.com/zw8jbrz

The main point that emerges is that, legally, the landowner (the “principal”) can intervene at any point, so, as others have suggested, talking to the Asda manager, or the actual landowner (or their agents) from whom Asda and the others rent their site is the best first step, whatever else you decide to do.

Edited by FP on 14/12/2015 at 11:05

the usual!!! parking again! - concrete

Thanks FP. Good advice and comments. I spoke to the manager at AsdaHome this morning. The till receipt only shows the time the transaction was completed, not the time the whole rigmarole took. Unfortunately SWMBO and I were in Spain for the past week and since then the camera recordings have been deleted, so there is no video with a time and date to substantiate our appeal. We tried TK Maxx too, where they had shopped just prior to Asda, but the same story. Considering all the circumstances we now intend to pay the reduced offer of £54 and move on, poorer but wiser people. It does go against the grain though, especially when I found out how much these' retail therapists' had spent that day!!! Don't ask. I am going to lie down in a darkened room!!!

Thanks to all for support and comments. Cheers Concrete

the usual!!! parking again! - martint123

I did notice in our little local Asda that the car park was peppered with notices saying that the store had no control over parking and that anyu problems had to be brought up with the contractor.

the usual!!! parking again! - RaineMan

My sister got ticketed in Asda after endless delays due to staff shortages at the tills. When she appealed they did not want to listen. When she said she would take her main weekly spend elsewhere they recinded the ticket.

I don't know the circumstances here but it may be worth a try if relevant..

the usual!!! parking again! - FP

"...notices saying that the store had no control over parking and that anyu problems had to be brought up with the contractor."

My understanding is that this is downright misleading. Certainly the store is higher up that chain than the parking company, though it may be the landowner who is the "principal". If the store is employing the parking company then the store is the principal.

the usual!!! parking again! - Avant

I suppose the contractors are used in many of these out-of-town parades because the car park is shared between several stores, as in Mrs c's case here.

I can safely say it would never happen to me as I don't think that in all my 67 years I have ever spent anything like 2 hours in one shop, even with an incompetent at the till. I don't mind shopping - in fact I quite like it - but I would lose the will to live if I stayed that long in a shop.

Edited by Avant on 17/12/2015 at 00:29

the usual!!! parking again! - Bromptonaut

Observation about multi-occupied sites must be right I think. Site in the Beavis case was owned by British Airways Pension fund and (IIRC) they employed Parking Eye. Pretty sure though that if you could show genuine issue with delay in a tenants premises, whether at the till or a complex transaction (local B&Q do cooking room/bathroom design), you'd have a good case.

Local Sainsbury is three hours but only 90mins on Northampton FC/RUFC match days due proximity to stadia. ANPR technology means you get a message entering the car park telling you when your time expires.

Could have seen my self being 90mins way back when I might have shopped then taken hungry kids for tea in cafe. Not now though and never three hours.

Edited by Bromptonaut on 17/12/2015 at 07:50

the usual!!! parking again! - concrete

Well said Avant and Bromptonaut. I fully concur with your remarks, however as we all know: women are 'wired up' entirely differently to men. I love my wife and daughters but my son and I cannot see the fascination with shopping for hours on end. His swmbo is not too bad when it comes to shopping but they all have that inbuilt facility from birth!

Had this been an Asda supermarket we may have had some sway with the amount of money spent, but it was an AsdaHome store. We are not really regular customers so we cut no ice. Ah well, at least now they are aware that nasty things can happen if you get carried away when shopping.

Cheers Concrete

the usual!!! parking again! - gordonbennet

You'll be pleased to know we received yet another demand threatening all sorts of legal retribution from Debt Recovery Plus, acting for not so Smart Parking, couldn't get through to them on the phone this time for another pointless stilted conversation.

This i should remind you is the parking charge authorised by the visually challenged operative at Smart Parking who thinks a Peugeot 307 in the pic is actually SWMBO'd Subaru Outback complete with its different registration number.

They could qualify for government if they perfected their incompetence a little more.

the usual!!! parking again! - Andrew-T

Well said Avant and Bromptonaut. I fully concur with your remarks, however as we all know: women are 'wired up' entirely differently to men.

Concrete, I hope you get some joy in your attempts, but I have to say that as there were two of them, I feel that they should have noticed their time ticking away, so that one could move the car while the other stayed at the checkout? But maybe that has something to do with the wiring you mention ....

the usual!!! parking again! - 1litregolfeater

Fight fire with fire

fight steel with steel

fight smoke with smoke