Free Traffic Legal Advice

This is my local supermarket and have shopped here many years, for as long as at least four years the parking pay machines have not worked, the car park has basically become a free for all, at some point this year this was changed, i only noticed this when i received a PCN from parking eye stating that the vehicle to which i am the registered keeper over stayed in the car park. This car park has been used on many occasions since this new company look to have taken over, i am never usually there for more than two hours, neither is anyone else who drives the vehicle. How do i proceed with this.

Thank you.

PS..keeps saying upload folder is full to add image.

Have you made a complaint to Asda management yet? Don't start at the bottom. Go as high up the management food chain as possible, preferably the CEO.

When did the terms change at this car park?

Not as yet, i will do that, its worked before in a sainsburys where they had lowered the time allowed for free parking. I am not entirely sure when it changed, i noticed over the last month or two, the top gate which would allow higher vehicles on to the upper ground level of the car park has been constantly locked now, probably so they can catch each vehicle on entry and exit, previously thats where i would drive in and out of the car park, now you have to enter on the lower ground level and up a ramp if you want to park on the upper ground level where the store entrance is, i have looked at the signs now and its clear they have a new operator but then there were signs in the same locations next to the ticket machines, you would stop to look to see if they had been changed, a notice upon entry to the store would of been a good idea so ill add that in my complaint.

The new Single Code of Practice (SCoP) states at section 3.4:

Quote

3.4. Material changes – notices

Where there is any material change to any pre-existing terms and conditions that would not be immediately apparent to a driver entering controlled land that is or has been open for public parking, the parking operator must place additional (temporary) notices at the site entrance for a period of not less than 4 months from the date of the change making it clear that new terms and conditions/charges apply, such that regular visitors who might be familiar with the old terms do not inadvertently incur parking charges.

NOTE: Examples of material changes can include introduction of parking enforcement where none has previously applied, introduction of time-limited free parking, or reductions in the time limit within which free parking is available. Given the need to avoid confusion and clutter at entrances the test is whether the fact that a change has been made is clearly signalled to drivers on entering the land and the nature of the change is clearly displayed thereafter – it may also be necessary to install repeater notices depending on the scale of the premises.

Have they complied?

I dont think so, i spoke to someone in store having not seen any signs within the store entrance, i dont think they had a clue when i asked when the new company took over, they said its been the case you cant stay there for more than two hours but didnt seem to want to take onboard the fact that it was there for use but not being implemented and hadnt been for a number of years, i walked round the car park and there are a few new signs in the car park in exactly the same place where the previous ones were and have parking eye on them, they look new but have just been mounted on the same poles as older signs, i also spotted old signage from Horizon parking who were the previous operator. I have emailed the CEO, lets see what happens there, pictures of signage below.

New signage
https://i.imgur.com/vNdnJUx.jpeg

Old signage
https://i.imgur.com/AHHcbOu.jpeg

I don't think it has changed operator. There are GSV views from 2020 that show that ParkingEye were operating the car park back then. I think the Horizon deal is separate for people who want to use the car park for longer term parking.

What is important is if something like the amount of time you are allowed to park for free or is the tariffs change is what we need to know.

I think it has always been a two hour limit, before the ticket machines stopped working they would patrol the car park, if you didnt have a ticket (which was free) they would issue a penalty, i dont ever recall it being covered by ANPR, it might well of been but i just have not stayed there more than two hours, one thing i know for sure there has been a period of no monitoring at all, i know i have been in there for longer than two hours on occasion, it was common knowledge the car parking wasnt being enforced and over time this had become a problem with people using it to park all day for free whilst they were at work. I spotted the ANPR cameras recently on the way out, they were definately newly put up on entrance and exit so i think it has always been the case it is only two hours parking but now they have installed the cameras to enforce it. I have not yet had a reply from CEO@asda.com, although the email has been read, i beleive the CEO is in the process of being replaced so i hope this doesnt get ignored. Should i not get a reply and resolotion from them what do i do next ? appeal it or ignore it ?

Thank you.

The introduction of ANPR is a material change and should be prominently notified so that regular users are made aware of this significant change. There must be notices regarding this for a minimum of 4 months.

So, try and find out when the ANPR was introduced if you're sure that is "new".

Any appeal must be submitted no later than Monday 25th November, so you have plenty of time to get a response from Asda. Make a note in your diary to come back here a few days before the appeal deadline if you've not heard back from Asda and we will assist with an appeal.

All sorted, ASDA responded, i dont think they have any idea whats going on but they cancelled it and said they will place notices in the store...lets see... thanks guy again.

Hi Kevin,

My name is Jason from the Executive Relations Team at Asda Head Office.


Thank you for your e-mail. I am very sorry to read of the change to the car park rules at our Clapham Junction store that you were unaware of and led to a charge, I can understand why you would be disappointed.

Thank you for your suggestion for a notice in the store, this has been recorded on the correct system for feedback to the Store Manager at Clapham, and I trust that you will see an immediate improvement moving forwards but please feel free to let me know of any issues.

On this occasion I have requested that the charge be cancelled, you should expect to see confirmation by letter within 28 days.


I am very sorry for all of the inconvenience caused.

Kind Regards
Jason