3. Overstay in ASDA Carpark shopping - Parkingeye - Colchester
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Overstay in ASDA Carpark shopping - Parkingeye - Colchester
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I wonder if someone could help please. <br><br>

On 5th Feb 2024. The driver went shopping in ASDA, Colchester . (usually goes there 3-4 times a week). Did some ASDA shopping and then went to the instore ASDA cafe to have some tea, lunch and work on laptop. Did some more ASDA shopping then left. <br><br>

Apparent stay length was 3 hours 18 minutes in a the carpark, apparently max stay is 3hr.<br><br>

The charge is £100 but the offer if paid within 14 days is a generous £60. This 14 deadline has been missed due to being out of the country and its still tricky to get this sorted.<br><br>

The letter from ParkingEye is dated 8th Feb 2025.<br><br>


<br><br>

<a href="https://ibb.co/qYgZDXPJ"><img src="https://i.ibb.co/r2pWQT1d/parkingeye-front-5th-Feb-14-29-photoshop-REDUX.jpg" alt="parkingeye-front-5th-Feb-14-29-photoshop-REDUX" border="0"></a>
<a href="https://ibb.co/d4TQDkcD"><img src="https://i.ibb.co/Qvg6MYcM/parkingeye-back-photoshop.jpg" alt="parkingeye-back-photoshop" border="0"></a>
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Re: Overstay in ASDA Carpark shopping - Parkingeye - Colchester
« Reply #1 on: »
READ THIS FIRST - Private Parking Charges Forum guide

Wha have you done about Plan A? Contact the management at Asda, not the lowly customer service bods, and ask them to get their contractor to cancel the PCN. If necessary, write to the CEO, the top of the management food chain, and get them to delegate it to their minions to deal with on your behalf. After all, do they really want to alienate their regular customers by having them receive speculative invoices for £100 just because they spent a bit more time spending money in their store?

Forget the "generous" mugs discount, not that it's available any more. If I were to send you an invoice for £100 but offered you 40% discount to make it appear more attractive, would you simply pay it
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Overstay in ASDA Carpark shopping - Parkingeye - Colchester
« Reply #2 on: »
Thanks for your reply

I have sent email to the General Manager at the Colchester store, and to customer services also. I haven't had a reply as yet . (There isnt a CEO)

I am a bit concerned as the 28 day appeal period will be up tomorrow. These things only get more intractable with time in my previous experience. Its a bit tricky as I am out of the country and the wifi is sporadic so I am trying to deal with this.

Apparently according to the back of the Parkingeye notice, they have some ability whereby after 28 days if I havent given the name of the driver, they can just make me pay anyway. I dont know how they get these powers ?! I'll pay the council at a push for a yellow line, but these guys just seem to be on a scam gravy train.

Is there any sense in me sending in fairly generic appeal , (until I get more advice), in order that at least the process is halted in the meantime? ALso I seem to remember with a previous one involving Tesco , it was solved by sending them "you dont know the driver " type text, and they relented? Will it work here? ( I have the text)

Best regards

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Re: Overstay in ASDA Carpark shopping - Parkingeye - Colchester
« Reply #3 on: »
Just send the following appeal, only as the Keeper, as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

Quote
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. ParkingEye has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. ParkingEye have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Overstay in ASDA Carpark shopping - Parkingeye - Colchester
« Reply #4 on: »
Thanks for you time, I have done that. <BR><BR>

Two things I didnt like: <BR><BR>
1. I wasn't pleased to be made to sign two policies that I dont agree with ...


<BR><BR>

2. It automatically attached as evidence, two files , which I could not examine or open so I dont know what they are. I am assuming they are the photos of the car . But I would like the ability to see what files are being attached under my name as part of my evidence

<BR><BR>

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Re: Overstay in ASDA Carpark shopping - Parkingeye - Colchester
« Reply #5 on: »
You're not making sense. Nothing is automatically attached to your appeal except something that you attach yourself. If you were unsure what those files were, then why didn't you simply "remove" them?
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Overstay in ASDA Carpark shopping - Parkingeye - Colchester
« Reply #6 on: »
Re. The privacy policy, every company has one. If you don't agree with it, you're welcome to write to them by post instead, although your data will still be subject to processing, they'll just potentially use a different lawful basis than 'consent'.

They can't process an appeal without by necessity processing personal data.
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Re: Overstay in ASDA Carpark shopping - Parkingeye - Colchester
« Reply #7 on: »
thanks for your replies. They were definitely automatically attached (I screenshotted the whole process) , but yes, I could have pressed the remove buttons. However I considered that any deviation from their workflow would be used as an excuse not to process it.
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  3. Overstay in ASDA Carpark shopping - Parkingeye - Colchester