Author Topic: Overstay ParkingEye Private Parking Charge Notice - Asda Ashford Kent  (Read 120 times)

RichardW and 1 Guest are viewing this topic.

Hi all,

Received this PCN (front & back) from Parking eye a little while ago for an 'overstay' beyond 2 hours at an ASDA carpark. Bit of a delay with posting here due to being busy with the start of the summer but the dates of receipt for this were a bit awkward anyway - alleged overstay of was 02/07/26, issue date seems to be 06/07/26, date on the letter is 13/07/26 (note it might say 'reminder' but this is the first letter!) and I could have received it no earlier than 17th or 18th July as I found it on the mat on the 19th Sunday having been away from the 17th for a long weekend.

I can elaborate on circumstances but in general was a case of lots of back and forth between car and shop to get different bits I'd forgotten each time/queues etc. (various things we needed to go away at short notice etc.). Have some receipts on me (6 transactions) timed towards the back end of the window, card statement shows another 2 transactions but had binned those receipts by the time the PCN came through.

Have already contacted CEO@asda.com with a strongly worded email and PCN pictures/receipts but haven't heard back yet so will let know here if I do. Must have spent thousands if not tens of thousands of pounds with the store over the years..

Believe the 'discount' deadline was 19th (the day I found it!) so that has gone but the appeal deadline will be 10th/11th August so would appreciate your help in tackling this please/advice on next steps - appeal to ParkingEye/POPLA (if so what to say) or to ignore? And before anyone asks, happy to go all the way with this.

Thanks all.

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Re: Overstay ParkingEye Private Parking Charge Notice - Asda Ashford Kent
« Reply #1 on: »
Out of interest is there any other Asda store in Ashford?

Re: Overstay ParkingEye Private Parking Charge Notice - Asda Ashford Kent
« Reply #2 on: »
Out of interest is there any other Asda store in Ashford?
Nope

Re: Overstay ParkingEye Private Parking Charge Notice - Asda Ashford Kent
« Reply #3 on: »
There is no mention of POFA in the notice. If the alleged incident was 2/07/26 it should be received by you by 15/07/26 as far as I am aware but I am sure f this is not the case then someone will correct me. You have done the right thing contacting ASDA very strange to mention the words reminder given the dates.

Re: Overstay ParkingEye Private Parking Charge Notice - Asda Ashford Kent
« Reply #4 on: »
Can anyone please provide me with any specific wording that I need to put in my appeal then?

Re: Overstay ParkingEye Private Parking Charge Notice - Asda Ashford Kent
« Reply #5 on: »
No mention of pofa 2012. Doesn’t even look like they’re trying to transfer liability to registered keeper.

Simple appeal mentioning you are appealing as the registered keeper, non pofa compliant notice to liability cant be transferred to you. Also mention its not a legal requirement to reveal who the driver was so you wont be doing so.

Slam dunk at popla if they dumb enough to reject (which they most likely will).

Re: Overstay ParkingEye Private Parking Charge Notice - Asda Ashford Kent
« Reply #6 on: »
Can anyone please provide me with any specific wording that I need to put in my appeal then?

Appeal for parking charge notice - xxxxxxx

I am appealing as the Registered Keeper of the vehicle in question.

The driver is not known to yourselves and there is no legal requirement for me to disclose such details to an unregulated parking operator.

I have duly noted your entirely misleading wording (on the PCN) which states that the driver is 'required to pay or appeal' - no such legislation exists (requiring the driver to do anything) and I will now be making a formal complaint to the CMA since this is exactly the behaviour which they are now clamping down on.

Your options are now-

1. Save further time, money and resources and cancel the PCN

OR

2. Reject this appeal and provide me with a POPLA code for a slam dunk appeal.


I am unable to help you further.


Wishes,

xxxxx xxxxxxxxx


Re: Overstay ParkingEye Private Parking Charge Notice - Asda Ashford Kent
« Reply #7 on: »
Can anyone please provide me with any specific wording that I need to put in my appeal then?

Appeal for parking charge notice - xxxxxxx

I am appealing as the Registered Keeper of the vehicle in question.

The driver is not known to yourselves and there is no legal requirement for me to disclose such details to an unregulated parking operator.

I have duly noted your entirely misleading wording (on the PCN) which states that the driver is 'required to pay or appeal' - no such legislation exists (requiring the driver to do anything) and I will now be making a formal complaint to the CMA since this is exactly the behaviour which they are now clamping down on.

Your options are now-

1. Save further time, money and resources and cancel the PCN

OR

2. Reject this appeal and provide me with a POPLA code for a slam dunk appeal.


I am unable to help you further.


Wishes,

xxxxx xxxxxxxxx


Thanks for that - very useful. Should I be mentioning anything around POFA 2012 and the timing issue (which I don't think I fully understand myself!) as per some of the input before yourself?

Re: Overstay ParkingEye Private Parking Charge Notice - Asda Ashford Kent
« Reply #8 on: »
No, use as-is, but you will need to submit a more detailed appeal to POPLA when this first appeal is rejected, so you need to understand things properly by then, do some research! Submitting anything you don't properly understand is a bad idea, and the purpose of this forum is to give you advice so that you can help yourself.

Quote
1. Your case is your responsibility - the purpose of this site is to offer advice. Advice is given by volunteers, who post in their spare time, when they can. We do not manage your case for you - you remain responsible for handling your case, meeting any deadlines, and ultimately making any decisions.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4 paragraph 9 will give you ammunition if they claim use of PoFA 2012; if they say they are pursuing the keeper on the "reasonable assumption" that they are the driver, that's also something that can be countered, and there are examples of cases on the forum.
« Last Edit: August 06, 2026, 11:03:36 am by jfollows »

Re: Overstay ParkingEye Private Parking Charge Notice - Asda Ashford Kent
« Reply #9 on: »
Yes I'll use InterCity125's suggestion as in - my confusion was around Sander333's post (i.e. his calculation and when it'll be assumed legally that the letter was received (even though I received it later) but would have nothing to prove it and so on..but perhaps that's a discussion for later)

Re: Overstay ParkingEye Private Parking Charge Notice - Asda Ashford Kent
« Reply #10 on: »
Yes, they will say issued 6 July means posted 6 July means presumed delivered 8 July. Not the best avenue for an appeal. The legislation allows for a presumption of delivery so you would have to prove otherwise.

Just an additional development, so I went into appeal just now, having waited just a little longer to see if I get a response from the ASDA CEO inbox (haven't).

As can be seen in the picture of the back of the charge notice it says "Appeals should be submitted within 28 days of the delivery of the Parking Charge..". The letter said date of event 02/07, date of issue 06/07 (never received anything), and date of the letter itself as 13/07. So by the maths I'd done from the latest date had told myself I'd appeal by 10th/11th (28 days from the 13/07).

When I go into the appeals portal it says this: "You are out of time to appeal the Parking Charge and will be unable to access our appeals process. If there are exceptional circumstances that can be evidenced, you may be eligible to submit a late appeal. Please click here for more information". If i 'click' for more information it does lets me put in some details (name, status of who's applying registered keeper etc.) then put in an appeal - so my question is: do i mention this date discrepancy with the appeal process in the appeal if so what do I say? Conscious they might try to reject by just saying 'out of time'..

If anyone can respond I'd appreciate it please
« Last Edit: Today at 12:07:55 pm by Hustler6969 »

You could enter details and ask if it is still okay to appeal. Explain the thing with the dates.

Once they allow a late appeal you can send the stated text.

Okay just done that thanks, only 500 characters allowed so not sufficient to do the whole appeal anyway. Apparently there should be a response within 7 days so we'll see.
« Last Edit: Today at 01:12:57 pm by Hustler6969 »