Parking Charge - Asda Burnley

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paulatky
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Re: Parking Charge - Asda Burnley

Post by paulatky » Thu Jun 01, 2023 9:51 am

AGENT_CLARET wrote:
Thu Jun 01, 2023 6:24 am
Supermarket car parks are owned by private entities whether that's the supermarket itself or a car park firm.

If the land was public, a Penalty Charge Notice would be levied, rather than a Parking Charge Notice

Supermarket car parks are usually run by private firms, which issue 'Parking Charge Notices' if they deem a rule to have been broken.

Local councils issue Penalty Charge Notices penalty Charge Notices issued by councils should be paid, while Parking Charge Notices from supermarket market firmd are not a fine it's an invitation to pay

It's a private matter not a civil one so unlike the council or police they can only fine the car driver not the car registered owner, don't refuse to pay it just ask them to prove who was the driver at the time and when they do issue the invertation to pay to them the car owner has no obligation to say who the driver was at the time if more than one person is insured for the car.
If the parking company follow the right procedures the responsibility is passed from the driver to the registered keeper.

Your advice is not correct

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Re: Parking Charge - Asda Burnley

Post by Leon_C » Thu Jun 01, 2023 10:00 am

For £40, surely any reasonable person with normal thinking would pay and have done. The penalty is unwelcome, but not entirely unwarranted.

Accepting months of administration, dispute and unpleasant correspondence from bulk litigators (who see you as a case reference, not a person) - all with the potential for time-wasting litigation is ridiculous.

I imagine that 99% of those who boldly assert "don't pay" would cough up immediately, whilst dishing out this contradictory advice.

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Re: Parking Charge - Asda Burnley

Post by Eyesofblue2 » Thu Jun 01, 2023 10:05 am

cbx750 wrote:
Thu Jun 01, 2023 8:43 am
Ignoring it used to be the thing to do but the rules were changed a few years ago to make it easier and cheaper to get a court judgment for these parasites, they can and do use the courts.
That is my understanding of the situation. I did once ignore the letters I was getting from one of these companies, it was stressful and I had to hide the letters containing the threats from my wife, they did give up eventually but that would not be the case now, they can and will take you to court. Imo it's not worth the hassle and stress, pay up and get on with the rest of your life.
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Re: Parking Charge - Asda Burnley

Post by Fretters » Thu Jun 01, 2023 10:12 am

nil_desperandum wrote:
Thu Jun 01, 2023 9:42 am
Yes, but As I understand it, the cameras are for ASDA. The OP says that it was on The McDonald's section and they ate there. It must be questionable??
I'd assume the private company 'runs' the entire car park, including the McDonald's section.

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Re: Parking Charge - Asda Burnley

Post by A.Claret.Fan » Thu Jun 01, 2023 10:21 am

My son chose to ignore the many payment reminder letters he received and as a result now has a CCJ which is severly restricting his ability to obtain a reasonable APR for credit.

I have had a few of these parking charge infractions, and although it may feel unwarranted at times, have always payed promptly.

My advise would be pay and take the hit... Just in case.
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Re: Parking Charge - Asda Burnley

Post by Boss Hogg » Thu Jun 01, 2023 10:32 am

fatboy47 wrote:
Thu Jun 01, 2023 7:46 am
Tough choice I guess. Follow the advice of UTC or that of a barrister with 25 years experience.

You do it your way.
Just a thought. Some people can’t be arsed with the stress and others are very thick skinned and don’t care. Saying you know someone who says something does not represent legal advice but UTC advice.

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Re: Parking Charge - Asda Burnley

Post by paulatky » Thu Jun 01, 2023 10:34 am

AGENT_CLARET wrote:
Thu Jun 01, 2023 6:24 am
Supermarket car parks are owned by private entities whether that's the supermarket itself or a car park firm.

If the land was public, a Penalty Charge Notice would be levied, rather than a Parking Charge Notice

Supermarket car parks are usually run by private firms, which issue 'Parking Charge Notices' if they deem a rule to have been broken.

Local councils issue Penalty Charge Notices penalty Charge Notices issued by councils should be paid, while Parking Charge Notices from supermarket market firmd are not a fine it's an invitation to pay

It's a private matter not a civil one so unlike the council or police they can only fine the car driver not the car registered owner, don't refuse to pay it just ask them to prove who was the driver at the time and when they do issue the invertation to pay to them the car owner has no obligation to say who the driver was at the time if more than one person is insured for the car.
If the parking company follow the correct procedures the respnsility for payment passes from driver to registered keeper

Your advice is incorrect

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Re: Parking Charge - Asda Burnley

Post by ClaretEngineer » Thu Jun 01, 2023 10:41 am

I’m currently undergoing a battle with ParkingEye for an alleged parking offence.

Don’t ignore it but prepare to challenge the notice by gathering as much evidence as you can. Review the text and position of the signage and make sure you have receipts and times from your visit.

If you engage via email or phone ensue you do so in a reasonable and professional manner as this may end up in front of the court. However don’t expect to deal with human’s they’re simply not interested in listening to evidence or even common sense.

Some may think that just paying up is the correct thing to do, and it is if you’re unequivocally in the wrong.

For many it is simply cheaper to pay up and be done with it, but as mentioned these companies thrive of threats and fear by sending “legally” worded letters.

In my case I’m not in the wrong, so I have no intention of paying the inflated invoice. I welcome the chance to present my extensive evidence to a person with a brain (court) for proper review.

I enjoy challenging people / companies on points of fact and evidence.

I’m in Burnley at the weekend, I may just pay that particular McD’s a visit.
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Re: Parking Charge - Asda Burnley

Post by BurnleyFC » Thu Jun 01, 2023 10:48 am

Which company issued you the ticket?

Parking Eye do and will take you to court if you don’t pay. They sometimes have a habit of cocking up the wording on their letters, though, so you can get off on a technicality.

A lot of the other jokers won’t issue court action, but that may well change in the future.

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Re: Parking Charge - Asda Burnley

Post by Bosscat » Thu Jun 01, 2023 10:49 am

download.jpeg
download.jpeg (6.3 KiB) Viewed 1787 times
wot no pushpinpussy

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Re: Parking Charge - Asda Burnley

Post by AGENT_CLARET » Thu Jun 01, 2023 11:11 am

paulatky wrote:
Thu Jun 01, 2023 10:34 am
If the parking company follow the correct procedures the respnsility for payment passes from driver to registered keeper

Your advice is incorrect
It's always worked for me, It's private land so it's not a fine it's a payment offer, I've asked them to let me know who the driver was and I'll pass on their details, I've never had one back yet, also Private parking companies have no official right to fine you, though they may try to make you think they do. All they're doing is sending you a notice of what they deem to be a breach of contract

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Re: Parking Charge - Asda Burnley

Post by nil_desperandum » Thu Jun 01, 2023 11:17 am

Fretters wrote:
Thu Jun 01, 2023 10:12 am
I'd assume the private company 'runs' the entire car park, including the McDonald's section.
Indeed, but surely it's worth a short letter to McDonald's, just 2 or 3 sentences, since you cannot access their car park without going through ASDA, and McD's won't want to upset customers.
If there is no actual signage as you enter the McD car park then I would imagine that there is a reasonable chance that on provision of receipts McD's would pursue this on behalf of the customer.

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Re: Parking Charge - Asda Burnley

Post by NewClaret » Thu Jun 01, 2023 11:34 am

FWIW, I would personally talk to the McDonalds manager, explain the situation and appeal to their better nature in the hope they have a process where they can get them cancelled. If they do, I’d request to be copied on any correspondence for your records.

If not, I’d pay it and mark it down as a lesson learned. Annoying but ultimately not worth the stress of having to prepare a defence, respond to these scammers or the threats they make. Not for £40 anyway, in my opinion.

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Re: Parking Charge - Asda Burnley

Post by paulatky » Thu Jun 01, 2023 11:36 am

AGENT_CLARET wrote:
Thu Jun 01, 2023 11:11 am
It's always worked for me, It's private land so it's not a fine it's a payment offer, I've asked them to let me know who the driver was and I'll pass on their details, I've never had one back yet, also Private parking companies have no official right to fine you, though they may try to make you think they do. All they're doing is sending you a notice of what they deem to be a breach of contract
They can and do take it to small claims court to enforce it

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Re: Parking Charge - Asda Burnley

Post by Clovius Boofus » Thu Jun 01, 2023 11:41 am

I don't know about Asda's at Burnley, but I bet it was used by loads of people parking up for the day while attending the local college, as well as those nipping into town for more than a couple of hours.

Sainsbury's, just up the road, have 2 hours free of charge. It's only a small car park, compared to the one at Asda, and loads of people were using it to go into town, football and whatnot, thus depriving people who wanted to shop in the store, especially at weekends when it's busy. A couple of times, before the 2-hour restriction was brought in, we've shopped elsewhere because there were no vacant spaces.

I feel sorry for the OP. At least they were actually spending money on the site when they overstayed.

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Re: Parking Charge - Asda Burnley

Post by SammyBoy » Thu Jun 01, 2023 2:15 pm

Pretty much all private parking charges are largely unenforceable - I've had a few and never paid them (council issued ones are a different story).

Here's a good place to start if you want some advice on how to proceed https://forums.moneysavingexpert.com/di ... t-thankyou

99% of the time you either hear nothing further after the initial ticket, or they send threatening letters and ultimately drop it as it's uneconomical for them to hire solicitors to take it to court - even if you go to court the worst that can happen is you pay the original fine and a small admin fee of about £25 (it's highly unlikely you'll lose if you follow the advice at the link I shared).

It's less a fine than an invoice for breach of a contract you never really entered into, and the offer to reduce it from £70 to £40 is a bribe to convince you to part with some cash to make them go away - mainly ran by ex-clampers ever since that got made illegal.

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Re: Parking Charge - Asda Burnley

Post by SammyBoy » Thu Jun 01, 2023 2:32 pm

SammyBoy wrote:
Thu Jun 01, 2023 2:15 pm
Pretty much all private parking charges are largely unenforceable - I've had a few and never paid them (council issued ones are a different story).

Here's a good place to start if you want some advice on how to proceed https://forums.moneysavingexpert.com/di ... t-thankyou

99% of the time you either hear nothing further after the initial ticket, or they send threatening letters and ultimately drop it as it's uneconomical for them to hire solicitors to take it to court - even if you go to court the worst that can happen is you pay the original fine and a small admin fee of about £25 (it's highly unlikely you'll lose if you follow the advice at the link I shared).

It's less a fine than an invoice for breach of a contract you never really entered into, and the offer to reduce it from £70 to £40 is a bribe to convince you to part with some cash to make them go away - mainly ran by ex-clampers ever since that got made illegal.
To follow on from this, the only thing you shouldn't ignore is a court summons, that's when people get into trouble, i.e. not turning up for court and having a CCJ issued due to their absence. As I said before, even if you turn up and lose, which you rarely will if you're prepared (judges often don't have much time for private parking companies), the worst that happens is you pay the original fine plus a small admin charge.

Think of court as a final appeal to a judge, you're not on trial for anything as it's a simple civil dispute.

The private parking companies actually lose money taking people to court for these small amounts as they don't win and have the solicitors to pay - they only follow through with court proceedings on a certain percentage of cases so they're not seen as utterly toothless. If losing money on one court summons scares 10 other people who hear about it into paying it still works out for them.

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Re: Parking Charge - Asda Burnley

Post by fatboy47 » Thu Jun 01, 2023 3:02 pm

SammyBoy gives sound advice here....but you pays yer money and takes yer choice as they say.

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Re: Parking Charge - Asda Burnley

Post by Belial » Thu Jun 01, 2023 3:17 pm

It was sound advice before the Regs changed....

Mostly it's poor advice on here as per usual.

Don't ignore them now - that doesn't work any more.

It also doesn't matter what shop or store you were in ..or how much you may have bought in there. If the signs in the car park (regardless of which store it's adjacent to or the fact you have to enter it to go to a store) say 2 hours and you've been there over that...tough

Your only really option if you want to get away with not paying is to pull them up on a technicality. Whether that's with the ticket itself, or the signage.

Otherwise, just pay and take the hit

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Re: Parking Charge - Asda Burnley

Post by wilks_bfc » Thu Jun 01, 2023 3:25 pm

The thing is you could easily justifiably spend more than 2hrs parked up there

You might have an appointment at the opticians in George which could take 30mins
After that you go into ASDA and do your “big shop” which takes an hour.
When you’ve done that, you’re a little hungry so pop into McD for a Big Mac meal, which takes another 30mins.
As you’re leaving you realise you need some petrol so pull into the pumps to fill up which takes you over the 2hr limit

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Re: Parking Charge - Asda Burnley

Post by NottsClaret » Thu Jun 01, 2023 3:37 pm

SammyBoy wrote:
Thu Jun 01, 2023 2:32 pm
To follow on from this, the only thing you shouldn't ignore is a court summons, that's when people get into trouble, i.e. not turning up for court and having a CCJ issued due to their absence. As I said before, even if you turn up and lose, which you rarely will if you're prepared (judges often don't have much time for private parking companies), the worst that happens is you pay the original fine plus a small admin charge.

Think of court as a final appeal to a judge, you're not on trial for anything as it's a simple civil dispute.

The private parking companies actually lose money taking people to court for these small amounts as they don't win and have the solicitors to pay - they only follow through with court proceedings on a certain percentage of cases so they're not seen as utterly toothless. If losing money on one court summons scares 10 other people who hear about it into paying it still works out for them.
I'm not an expert on this at all but got a £80 ticket for a similar infringement a couple of years ago. Ridiculously, I actually followed advice I found on here. Even more surprising that it turned out to be correct.

I ignored all the letters, then some months later rang the company and politely asked them to stop the correspondence and set a court date so we could sort it out as I wouldn't be paying. I got a cancelation notice through the same afternoon.

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Re: Parking Charge - Asda Burnley

Post by claptrappers_union » Thu Jun 01, 2023 3:38 pm

As I said in my post, I was chased for five years to pay up, but I think different agencies kept buying the debt as I was getting other collection companies representing Private Eye (or whoever it was for), and that's probably why it was so persistent.

Please don't ignore them.

At places like Starbucks at the Beehive in Blackburn, if you get a 'fine', you can tell them and you won't be contacted again. Asda might do the same.

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Re: Parking Charge - Asda Burnley

Post by SammyBoy » Thu Jun 01, 2023 5:37 pm

Belial wrote:
Thu Jun 01, 2023 3:17 pm
It was sound advice before the Regs changed....

Mostly it's poor advice on here as per usual.

Don't ignore them now - that doesn't work any more.

It also doesn't matter what shop or store you were in ..or how much you may have bought in there. If the signs in the car park (regardless of which store it's adjacent to or the fact you have to enter it to go to a store) say 2 hours and you've been there over that...tough

Your only really option if you want to get away with not paying is to pull them up on a technicality. Whether that's with the ticket itself, or the signage.

Otherwise, just pay and take the hit
Hence why I said ignore everything but the court summons, if you get a summons do attend, but they usually give up at the threatening letter stage. Also, worst case scenario you lose in court and pay the fine you’d have presumably paid anyway.

If you follow the moneysupermarket forum I linked to earlier there are lots of proven to work defence templates for court that you can modify to suit your situation - but the private parking company following through with a court summons is unlikely in itself.

It just depends what sort of person you are, if you can’t be arsed and want a quiet life then pay up, I just can’t handover the cash in good conscience, and thankfully have never yet had to do so.

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Re: Parking Charge - Asda Burnley

Post by barba » Thu Jun 01, 2023 5:41 pm

The Protection of Freedom Act 2012 (POFA) legislated in part private parking. Prior to this you could simply ignore all demands as they were not legally enforceable.

The simplest thing to do is to speak to the manager of McDonalds and explain that you were with young children, there was a long wait and you exceeded the time limit. They should have the authority to be able to cancel the charge to avoid them looking bad.

If you do want to appeal then firstly check who the "authority" is behind the private parking company. If it is the BPA or IPC then there are different ways you should appeal or possibly ignore in IPCs case.

If you do chose to appeal then you should look at one of the specialist forums who will be able to provide a "defence". For example if you have a lease car then the defence is very easy as the parking operator will not be able to abide by POFA to make the "charge" enforceable.

If you don't have the time or inclination to get bogged down then pay the £40 and move on.

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Re: Parking Charge - Asda Burnley

Post by SammyBoy » Thu Jun 01, 2023 5:46 pm

barba wrote:
Thu Jun 01, 2023 5:41 pm
The Protection of Freedom Act 2012 (POFA) legislated in part private parking. Prior to this you could simply ignore all demands as they were not legally enforceable.

The simplest thing to do is to speak to the manager of McDonalds and explain that you were with young children, there was a long wait and you exceeded the time limit. They should have the authority to be able to cancel the charge to avoid them looking bad.

If you do want to appeal then firstly check who the "authority" is behind the private parking company. If it is the BPA or IPC then there are different ways you should appeal or possibly ignore in IPCs case.

If you do chose to appeal then you should look at one of the specialist forums who will be able to provide a "defence". For example if you have a lease car then the defence is very easy as the parking operator will not be able to abide by POFA to make the "charge" enforceable.

If you don't have the time or inclination to get bogged down then pay the £40 and move on.
I think the standard practice pre-POFA was to not tell the PPC who the driver was and they couldn’t hold the keeper of the vehicle liable. POFA changed that and they can now go after the keeper, but there are still loads of technicalities to beat them in court if it does get that far, the first step as you mentioned is complaining to the landowner (ASDA presumably) as they often cancel them if you play the loyal customer angle.

I really recommend the moneysupermarket thread I keep mentioning, it’s basically an idiots guide to beating these things and very simple.
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Re: Parking Charge - Asda Burnley

Post by barba » Thu Jun 01, 2023 5:51 pm

SammyBoy wrote:
Thu Jun 01, 2023 5:46 pm
I think the standard practice pre-POFA was to not tell the PPC who the driver was and they couldn’t hold the keeper of the vehicle liable. POFA changed that and they can now go after the keeper, but there are still loads of technicalities to beat them in court if it does get that far, the first step as you mentioned is complaining to the landowner (ASDA presumably) as they often cancel them if you play the loyal customer angle.

I really recommend the moneysupermarket thread I keep mentioning, it’s basically an idiots guide to beating these things and very simple.
Approaching Asda / McDonalds first or even both is the best course of action as they definitely have the authority to cancel.

I've used this as my starting point in the past https://forums.moneysavingexpert.com/di ... t-thankyou which gives some great advice.

I've challenged and won primarily as I have a lease car which is a very easy case to win.

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Re: Parking Charge - Asda Burnley

Post by Croydon Claret » Fri Jun 02, 2023 7:15 am

Mrs Croydon got one of these notices. She ignored it up until the point they initiated a court date.

I had to submit all our counter arguments to court at which point they dropped the case.

There were so many legal omissions in their initial letter that it was an easy fight.

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Re: Parking Charge - Asda Burnley

Post by Jakubclaret » Fri Jun 02, 2023 8:10 am

It's seems to be a lottery & very circumstantial with varying degrees of leniency & harshness with the end result of some of the fines, it seems to be a grey area with 2 divisions split between ignoring the parking charges or addressing the problem seriously.

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Re: Parking Charge - Asda Burnley

Post by IanMcL » Fri Jun 02, 2023 9:35 am

I once had a ticket at a discount grocer. Shopped there and then walked off for a cuppa, to a nearby cafe. Came back to ticket. Wrote to head office, not the ticket company. They got the fee waived.

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Re: Parking Charge - Asda Burnley

Post by Big Vinny K » Fri Jun 02, 2023 10:39 am

IanMcL wrote:
Fri Jun 02, 2023 9:35 am
I once had a ticket at a discount grocer. Shopped there and then walked off for a cuppa, to a nearby cafe. Came back to ticket. Wrote to head office, not the ticket company. They got the fee waived.
Is that when we had trams in Burnley ?

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Re: Parking Charge - Asda Burnley

Post by dougcollins » Fri Jun 02, 2023 8:29 pm

If it says you've got two hours, and you freely admit going over the two hours, wouldn't you just pay it?

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Re: Parking Charge - Asda Burnley

Post by Nori1958 » Fri Jun 02, 2023 9:06 pm

dougcollins wrote:
Fri Jun 02, 2023 8:29 pm
If it says you've got two hours, and you freely admit going over the two hours, wouldn't you just pay it?
Exactly, I can understand fighting it if it's obviously wrong, but if you've overstayed, or parked incorrectly then pay up, stop trying to get around it by telling lies or blatantly ignoring it.

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Re: Parking Charge - Asda Burnley

Post by IanMcL » Fri Jun 02, 2023 9:35 pm

Big Vinny K wrote:
Fri Jun 02, 2023 10:39 am
Is that when we had trams in Burnley ?
No was in Andover - Lidl

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Re: Parking Charge - Asda Burnley

Post by nil_desperandum » Fri Jun 02, 2023 9:39 pm

I checked today. There's no signage on the McDonalds section of the car park. There is as you enter the Asda section and there's clear signage indicating a 2 hour limit outside George and the Poundland store. Personally I don't think it's clear that the McDonalds drive through site is part of the Asda car park, and if the OP is being truthful in that they parked on the McDonalds car park and ate there, then I don't see a problem with them politely contacting McD's about it.

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Re: Parking Charge - Asda Burnley

Post by ClaretEngineer » Fri Jun 02, 2023 10:24 pm

barba wrote:
Thu Jun 01, 2023 5:51 pm
Approaching Asda / McDonalds first or even both is the best course of action as they definitely have the authority to cancel.

I've used this as my starting point in the past https://forums.moneysavingexpert.com/di ... t-thankyou which gives some great advice.

I've challenged and won primarily as I have a lease car which is a very easy case to win.

I’ve found it quite the opposite with regard to ParkingEye and the HolidayInn carpark that I was parked in for a work conference. HolidayInn seemingly do not wish to get involved.

I’ve even gone as far as requesting the Land Registry documents to investigate the ownership of the land.

One thing is for sure, I’m now certainly more vigilant when visiting 3rd party controlled car parks!

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Re: Parking Charge - Asda Burnley

Post by Jakubclaret » Fri Jun 02, 2023 11:02 pm

Parking should be free in all city & town centres in my opinion with unlimited time constraints, but you are responsible for your own vehicle, it should be government controlled & added to the council tax, you should be able to park where you want when you want providing it's considerate parking with no obstructions, people have got enough on the plate already without all this sh1te to deal with.

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Re: Parking Charge - Asda Burnley

Post by Rileybobs » Fri Jun 02, 2023 11:23 pm

Jakubclaret wrote:
Fri Jun 02, 2023 11:02 pm
Parking should be free in all city & town centres in my opinion with unlimited time constraints, but you are responsible for your own vehicle, it should be government controlled & added to the council tax, you should be able to park where you want when you want providing it's considerate parking with no obstructions, people have got enough on the plate already without all this sh1te to deal with.
You may have a point with council owned land but this is private property. And clearly there are instances where parking durations should be limited to prevent the car park from being misused. Burnley fans using a supermarket car park and going to Turf Moor whilst shoppers are unable to park being an obvious example.

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Re: Parking Charge - Asda Burnley

Post by Jakubclaret » Fri Jun 02, 2023 11:41 pm

Rileybobs wrote:
Fri Jun 02, 2023 11:23 pm
You may have a point with council owned land but this is private property. And clearly there are instances where parking durations should be limited to prevent the car park from being misused. Burnley fans using a supermarket car park and going to Turf Moor whilst shoppers are unable to park being an obvious example.
Everybody should be able to park in the UK free of charge private or not, if it's private it should be compulsory purchased, people should not have to worry about parking or costs owning a car within itself is enough with the maintenance & MOT & Tax.

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Re: Parking Charge - Asda Burnley

Post by Rileybobs » Fri Jun 02, 2023 11:43 pm

Jakubclaret wrote:
Fri Jun 02, 2023 11:41 pm
Everybody should be able to park in the UK free of charge private or not, if it's private it should be compulsory purchased, people should not have to worry about parking or costs owning a car within itself is enough with the maintenance & MOT & Tax.
So I can come and park on your driveway? :?

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Re: Parking Charge - Asda Burnley

Post by Jakubclaret » Fri Jun 02, 2023 11:48 pm

Rileybobs wrote:
Fri Jun 02, 2023 11:43 pm
So I can come and park on your driveway? :?
You can do but it would make no sense for you to, I'm talking about the areas which insist upon you paying or fining you if you do. I'm not aware of any residents in urban or rural areas owning driveways having that kind of problem.

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Re: Parking Charge - Asda Burnley

Post by Rileybobs » Fri Jun 02, 2023 11:57 pm

Jakubclaret wrote:
Fri Jun 02, 2023 11:48 pm
You can do but it would make no sense for you to, I'm talking about the areas which insist upon you paying or fining you if you do. I'm not aware of any residents in urban or rural areas owning driveways having that kind of problem.
Well I do. I live near a train station and a school and because of this on-street parking is for resident permit-holders only. I have a driveway but some of the houses on my street don’t, and if it was a free for all then some of my neighbours wouldn’t be able to park near their house. And obviously people shouldn’t be able to park on my property, which I own, without my permission. Just as users of a car park for a retail outlet should have to abide by the restrictions set by the owner of said retail outlet.

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Re: Parking Charge - Asda Burnley

Post by nil_desperandum » Sat Jun 03, 2023 12:01 am

Jakubclaret wrote:
Fri Jun 02, 2023 11:41 pm
Everybody should be able to park in the UK free of charge private or not, if it's private it should be compulsory purchased, people should not have to worry about parking or costs owning a car within itself is enough with the maintenance & MOT & Tax.
In this example of the ASDA Car Park at Burnley, if Burnley College staff, students and visitors parked on it all day then the number of spaces available for shoppers would be significantly reduced. If shoppers couldn't park then they would not visit the store.
Some restrictions are needed but maybe 2 hours is a bit short if you are going to do your weekly shop, pop into George for some clothes shopping, have a snack at McDonalds and then get some fuel.

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Re: Parking Charge - Asda Burnley

Post by Jakubclaret » Sat Jun 03, 2023 12:05 am

Rileybobs wrote:
Fri Jun 02, 2023 11:57 pm
Well I do. I live near a train station and a school and because of this on-street parking is for resident permit-holders only. I have a driveway but some of the houses on my street don’t, and if it was a free for all then some of my neighbours wouldn’t be able to park near their house. And obviously people shouldn’t be able to park on my property, which I own, without my permission. Just as users of a car park for a retail outlet should have to abide by the restrictions set by the owner of said retail outlet.
Forget residential, we are talking about supermarkets & retail parks & hospitals where large numbers of motorists go & where the money is, it should be free of charge unlimited providing the vehicle is considerately parked & taxed, I don't agree with permission & permits if somebody needs to park let them wherever for as long as they need to park, we have let so many vehicles on the road in the first place shouldn't we have thought about that earlier, we have got a problem of our own making.

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Re: Parking Charge - Asda Burnley

Post by Rileybobs » Sat Jun 03, 2023 12:07 am

nil_desperandum wrote:
Sat Jun 03, 2023 12:01 am
In this example of the ASDA Car Park at Burnley, if Burnley College staff, students and visitors parked on it all day then the number of spaces available for shoppers would be significantly reduced. If shoppers couldn't park then they would not visit the store.
Some restrictions are needed but maybe 2 hours is a bit short if you are going to do your weekly shop, pop into George for some clothes shopping, have a snack at McDonalds and then get some fuel.
3 hours would make it feasible for people to park there and go to watch the football though wouldn’t it. There’s some free on-street parking near to Leeds General Infirmary in Leeds which I’ve used before when I’ve had a short appointment, it’s a maximum 2 hour stay. I could say that it’s a bit short if I want to go in there for an overnight stay or to have a baby - but I just wouldn’t park there in those circumstances.

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Re: Parking Charge - Asda Burnley

Post by Rileybobs » Sat Jun 03, 2023 12:10 am

Jakubclaret wrote:
Sat Jun 03, 2023 12:05 am
Forget residential, we are talking about supermarkets & retail parks & hospitals where large numbers of motorists go & where the money is, it should be free of charge unlimited providing the vehicle is considerately parked & taxed, I don't agree with permission & permits if somebody needs to park let them wherever for as long as they need to park, we have let so many vehicles on the road in the first place shouldn't we have thought about that earlier, we have got a problem of our own making.
Well we can’t forget residential because you said that people should be free to park where they want in all town and city centres. If someone owns property, be that residential or otherwise, then they should obviously be entitled to set restrictions on how the public can use it.

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Re: Parking Charge - Asda Burnley

Post by Jakubclaret » Sat Jun 03, 2023 12:15 am

Rileybobs wrote:
Sat Jun 03, 2023 12:10 am
Well we can’t forget residential because you said that people should be free to park where they want in all town and city centres. If someone owns property, be that residential or otherwise, then they should obviously be entitled to set restrictions on how the public can use it.
I'm not sure why you keep bringing residential into it because you know harper street in laneshawbridge isn't going to attract the numbers like a Sainsbury's in bristol.

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Re: Parking Charge - Asda Burnley

Post by Clovius Boofus » Sat Jun 03, 2023 9:19 am

We've gone from car parking penalty notice to the wholesale nationalisation of prime site locations, leaving the taxpayer will a bill of billions of pounds.

All this to avoid paying a few quid to park. Billions of pounds just so that someone can hog a supermarket parking bay for hours on end while depriving people who want to buy their weekly shop from doing so. A surefire vote winner if ever there was one. :roll:

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Re: Parking Charge - Asda Burnley

Post by nil_desperandum » Sat Jun 03, 2023 9:25 am

Rileybobs wrote:
Sat Jun 03, 2023 12:07 am
3 hours would make it feasible for people to park there and go to watch the football though wouldn’t it. There’s some free on-street parking near to Leeds General Infirmary in Leeds which I’ve used before when I’ve had a short appointment, it’s a maximum 2 hour stay. I could say that it’s a bit short if I want to go in there for an overnight stay or to have a baby - but I just wouldn’t park there in those circumstances.
I fully understand the argument, and I recognise the issue that you raise.
There's no perfect solution. I wouldn't have thought that the ASDA car park would have been a popular option for football parking since it's a quite a long walk, but the issue is the College and I can see why a 2 hour limit would prevent people from using it for this purpose. I myself go to the College for just over 2 hours per week, and including walking time from ASDA my total stay would be about two hours and a half hours, so I can't park there.
I fully get it.
However, I think that my point stands that shoppers need to be careful, since it would be quite possible to legitimately stay on that site for over two hours if you were using all its facilities.
I do however think that there should be some signage at McDonalds that reminds customers that there car park is covered by the 2 hour scheme. It does seem a bit unfair that if you book a children's party there you can't park for the duration. It should be stressed that you have to go to ASDA to pay a fee if overstaying.
I'm not sure there's a solution though.

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Re: Parking Charge - Asda Burnley

Post by Jakubclaret » Sat Jun 03, 2023 10:20 am

Clovius Boofus wrote:
Sat Jun 03, 2023 9:19 am
We've gone from car parking penalty notice to the wholesale nationalisation of prime site locations, leaving the taxpayer will a bill of billions of pounds.

All this to avoid paying a few quid to park. Billions of pounds just so that someone can hog a supermarket parking bay for hours on end while depriving people who want to buy their weekly shop from doing so. A surefire vote winner if ever there was one. :roll:
The tax payer could easily afford lots of luxuries unfortunately we are spunking god knows how much money on MOJ, keeping people in prison when other more favourable options exist leaving plenty of money aside to pay for things like that, we could even build more car parks, I don't like going off topic but you are bringing costs into the equation or should I say a lack of funding.

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Re: Parking Charge - Asda Burnley

Post by Vintage Claret » Thu Jun 08, 2023 1:18 pm

ClaretEngineer wrote:
Thu Jun 01, 2023 10:41 am

Some may think that just paying up is the correct thing to do, and it is if you’re unequivocally in the wrong.
Done quite a bit of research on the subject having recently received one of these PCN's for overstaying on Burnley Retail Park I think what ClaretEngineer says pretty much sums it up.

The advice to simply ignore everything and hope the PPC will go away is long outdated due to changes in the law and the Beavis case which has pretty much validated these parking companies right to charge extortionate fees for minor parking infringements.

Some parking companies still don't follow through with legal action but many now do so it's a bit of a gamble as you are risking hefty additional costs if they do go through with court action and you know you have no valid defence.

Unfortunately "they're a bunch of theiving b*stards" , whilst true, will probably not suffice as a sound legal argument.

If of course the charge is incorrect, technically flawed, or the PPC hasn't followed correct procedures and you can prove that in court on points of law if it comes to it, there are ways to defend it.

There's lots of advice available online to help so you shouldn't necessarily just pay up in those cases (unless you just don't want the hassle)

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