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AIBU?

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Original poster

ASDA 70 pound fine for over staying in car park PARKINGEYE

39 replies

marinagrams · 15/04/2017 16:14

Recently I was given a 70 pound fine (40 if paid within 2 weeks) for over-staying at the car park for 3 hours and 43 minutes, where there is a 3 hour max stay. (43 minutes over time).

However the reason for this is because I made 2 trips, first one for general shopping then after returning home i went back to asda shortly after as i had forgotten to buy something. I then received a letter showing my arrival time and departure time from the store.
18:41:45 and 22:25:17

Is there any way I can appeal this, as i certainly did not overstay at the car park and was only parked for around 1h in total.

I know there were a few similar threads to this although i'm not sure if the information is still relevant as the threads are a few years old.

Thanks

OP posts:
Jellybean85 · 15/04/2017 16:15

Check if it has a "no return within 3 hours policy" etc but I think you'll be fine to appeal. You didnt stay longer than 3 hours they should be able to find the additional entry and exit points on cctv

haveacupoftea · 15/04/2017 16:15

Send them a picture of both receipts including the time you checked out.

humblesims · 15/04/2017 16:17

DO NOT PAY IT. Its not enforcible. We got sent one and the advice was to ignore which we did. They sent follow up letters but never went any further.

gleam · 15/04/2017 16:18

See your Asda manager. Dh forgot to display the ticket and he received a parking ticket. The Asda manager said he'd sort it out.

TwentyCups · 15/04/2017 16:18

If there is a no return rule you won't be able to appeal but if not go for it - nothing to lose!!

Original poster
marinagrams · 15/04/2017 16:20

Unfortunately I do not have any receipts and paid in cash so can't check bank statements.

OP posts:
ItsAllGoingToBeFine · 15/04/2017 16:21

DO NOT PAY IT. Its not enforcible. We got sent one and the advice was to ignore which we did. They sent follow up letters but never went any further

"A woman has been ordered by a sheriff to pay a private parking company £24,500 in unpaid charges.
Carly Mackie ignored hundreds of parking tickets for leaving her car at Dundee's Waterfront without a permit, claiming they were unenforceable.
Ms Mackie said that she had a right to park in the area as she was living there at the time.
Sheriff George Way said the charges were from a "valid contract" and she was liable for them"

www.bbc.co.uk/news/uk-scotland-tayside-central-39478203

strugglingstepdad · 15/04/2017 16:22

Please ignore whoever says they aren't enforceable as they are. They can end up costing a fortune!

Becca19962014 · 15/04/2017 16:24

Do not ignore it - that advice is out of date.

You need to check the signs in the car park to see what their 'no return' limit is (in my local car parks it's the same as the length you're allowed to park for).

Not all stores will help, ours all have signs inside saying not to speak to staff.

DoloresTheRunawayTrain · 15/04/2017 16:25

Ask them for the evidence they have of you entering and leaving the car park. If they have the number plate recognition software it has to be accurate enough to record multiple visits on the same day. Yes, you can challenge it

www.parkingcowboys.co.uk/parking-eye/

www.moneysavingexpert.com/reclaim/private-parking-tickets

www.parkingeye.co.uk/motorist-information/frequently-asked-questions/appealing-parking-charge/

Do you have any proof you were elsewhere during the time they state you were still in their carpark? Appointment, other shop car park, somewhere else with cctv?

Gather all this information and use it in your appeal.

Pardonwhat · 15/04/2017 16:26

Do not ignore them! I'm sick of seeing people insist they aren't enforceable - they are!
They can take you to small claims for non payment of invoice. I know this for a fact as I followed terrible advice and I've now got a CCJ for not paying a parking eye ticket.

Original poster
marinagrams · 15/04/2017 16:29

Thanks for the help everyone! I will go back and check if there is a "no returns" policy on the signs, and try to talk to the manager as well.

OP posts:
buttfacedmiscreant · 15/04/2017 16:34

If they know when you arrived and left then they can check their CCTV to see you in the store.

longlostpal · 15/04/2017 16:43

I don't think it sounds like a good idea to ignore. Write to the sender of the fines and the Asda store explaining the situation. Asking the store to verify your leaving time with CCTV is a good idea. Any other evidence you have of being somewhere else in the meantime would be good too (receipt from somewhere else? seeing non-family members who can verify where you were?)

dmango · 15/04/2017 16:45

Definitely appeal and explain.... as you have a perfectly acceptable reason. I recently had an appeal upheld and didn't really have a valid reason to have overstayed so go for it! Good luck

dowhatnow · 15/04/2017 16:47

The managers will have a direct line to the company. Go in, ask for the manager. Show them your receipts and ask if they can ring the company for you. I've done it and the shop not asda have sorted it for me.

OddBoots · 15/04/2017 16:50

A friend did this and appealed, she give them the approx times she left the first time and arrived the second time and I think they looked at it on the camera to check it and cancelled the fine.

dowhatnow · 15/04/2017 16:51

Oh sorry missed the no receipts. Tell the manager which tills you went through, the approx time of day and the amount you spent roughly with details of some of the things you brought in each transaction. They can track your receipts if they are willing Appeal to their better side. Cry if it will help

GabsAlot · 15/04/2017 16:51

appeal dont ignore

i appealed mine which got denied but they never took it further but some companies do

this wasnt pe btw so they could tak it to court

SuperSheepdog · 15/04/2017 16:55

As a pp mentioned these tickets are enforceable and they can take you to court. Check but they probably have a no return within three hours policy. Also Asda may not own the car park - I had this recently in Morrisons and they didn't own the car park so could do nothing about it.

Sorry I reckon you will be best to pay the fine.

BeyondThePage · 15/04/2017 16:57

People round here get fined by ASDA all the time - it is next to an office complex without sufficient parking and offers free parking for up to 3 hours. The signs now say that people cannot return within 4 hours unless receipts are kept.

Monkeymarbles · 15/04/2017 16:58

In our local supermarket the manager will cancel the fines with parking eye. Worth a try?

MongerTruffle · 15/04/2017 17:23

DO NOT PAY IT. Its not enforcible. We got sent one and the advice was to ignore which we did. They sent follow up letters but never went any further

In November 2015 the Supreme Court ruled that you can be charged for breaking contractual obligations (such as missing an appointment or overstaying in a car park).

Everytimeref · 15/04/2017 17:28

My SDM had an similar issue she appealed and didn't have to pay.

humblesims · 15/04/2017 17:30

Fair enough. I stand corrected.