Zenith Collections - Intention to Commence Legal....
Discussion
Hi,
Just looking for some advise...
We got a PCN from Smart Parking Ltd in June 2015. They claim we overstayed the allowed time at an Asda. We didn't, their camera's are at fault. I took my wife's car to the Asda petrol station at lunch time, filled it up and left (paid by debit card). My wife then returned to the same Asda at around 17:00 to collect the food shopping (click/collect service). The camera has me entering at lunch and my wife leaving at 17:00, ergo we overstayed the 3 hours.
Anyway I was of the impression that these things could just be ignored, I realize this isn't necessarily the case now these days.
We got 2 letters from Smart Parking
Followed by 4 letters from Debt Recovery Plus (reduced offer of payment etc etc)
Followed by 2 letter from Zenith collections, the latest stating NOTICE OF INTENTION TO COMMENCE LEGAL PROCEEDINGS.
(I'm aware that Smart Parking/DRP/Zenith are all the same company).
Am I right in thinking that I need to take some action now and the best course would be to send a letter to Zenith stating I deny the debt and for them to refer it back to their client and to desist contacting me?
Do I also write to Smart Parking at the same time with the aforementioned faults with their camera's? I can prove the food collection at 17:00 with a print out from the Asda website, the only proof I have of the petrol purchase is a debit card transaction a few days after the event, will they take that?
Or, do I continue to ignore it and just present this evidence in court?
Any help greatly appreciated,
Thanks,
Mat
Just looking for some advise...
We got a PCN from Smart Parking Ltd in June 2015. They claim we overstayed the allowed time at an Asda. We didn't, their camera's are at fault. I took my wife's car to the Asda petrol station at lunch time, filled it up and left (paid by debit card). My wife then returned to the same Asda at around 17:00 to collect the food shopping (click/collect service). The camera has me entering at lunch and my wife leaving at 17:00, ergo we overstayed the 3 hours.
Anyway I was of the impression that these things could just be ignored, I realize this isn't necessarily the case now these days.
We got 2 letters from Smart Parking
Followed by 4 letters from Debt Recovery Plus (reduced offer of payment etc etc)
Followed by 2 letter from Zenith collections, the latest stating NOTICE OF INTENTION TO COMMENCE LEGAL PROCEEDINGS.
(I'm aware that Smart Parking/DRP/Zenith are all the same company).
Am I right in thinking that I need to take some action now and the best course would be to send a letter to Zenith stating I deny the debt and for them to refer it back to their client and to desist contacting me?
Do I also write to Smart Parking at the same time with the aforementioned faults with their camera's? I can prove the food collection at 17:00 with a print out from the Asda website, the only proof I have of the petrol purchase is a debit card transaction a few days after the event, will they take that?
Or, do I continue to ignore it and just present this evidence in court?
Any help greatly appreciated,
Thanks,
Mat
My girlfriend got a ticket for overstaying in asda but she was shopping in the store the whole time and she also used the cafe for lunch.
She took the ticket back to the store, they asked for her debit card and used that to verify that she had been shopping on the day in question. They squashed the ticket then and there. Perhaps you could visit the store and speak with the manager.
She took the ticket back to the store, they asked for her debit card and used that to verify that she had been shopping on the day in question. They squashed the ticket then and there. Perhaps you could visit the store and speak with the manager.
I've heard that can work in some scenarios but unfortunately this was almost 6 months ago and they have passed it to their so called debt collectors so I don't think it will work here.
General consensus on Pepipoo is to deny the debt with Zenith and write to Smart to tell them about a fault with their camera's.
General consensus on Pepipoo is to deny the debt with Zenith and write to Smart to tell them about a fault with their camera's.
Just re read and it's an over stay according to them.
I've written a letter to Zenith denying the debt and another to Smart telling them their cameras are at fault and that evidence can be produced to back this up. I consider the matter closed etc.
We'll see what they come back with but the general consensus on Pepipoo is that they will reply to say it is out of their hands and that it is now with the debt collectors but to wait and see if they will issue proceedings. If they do at least I have engaged with them and I have evidence to back up my case.
I've written a letter to Zenith denying the debt and another to Smart telling them their cameras are at fault and that evidence can be produced to back this up. I consider the matter closed etc.
We'll see what they come back with but the general consensus on Pepipoo is that they will reply to say it is out of their hands and that it is now with the debt collectors but to wait and see if they will issue proceedings. If they do at least I have engaged with them and I have evidence to back up my case.
Why didn't you write to them in June 2015 when you received the original Notice? Would seem an obvious thing to do!
However as you didn't I would write to the parking company denying the offence copying in the collection agent and see what happens. I imagine they will want to know why you did not dispute it earlier.
However as you didn't I would write to the parking company denying the offence copying in the collection agent and see what happens. I imagine they will want to know why you did not dispute it earlier.
I agree with the above.When you received the first letter if you had spoken to Asda it would have been sorted but instead you ignored 8 letters so I am not surprised you are having problems sorting it out now.
I would put it down to experience and pay the fine but guess it has it may be more now or take your chances in court but think you will have the same issues regarding why did you not sort it out earlier.Good luck.
I would put it down to experience and pay the fine but guess it has it may be more now or take your chances in court but think you will have the same issues regarding why did you not sort it out earlier.Good luck.
I've had about 4/5 of these tickets caused by a similar scenario, my girlfriend worked at Asda. It would catch me going in when I took her to work and coming out when I left after picking her up. I put it down to having an imported car and the number plate it pretty low down on the rear so it just occasionally missed it.
Each time I just sent them an email explaining that I had made 2 separate trips and was recorded going in on the first trip and out on the second. Every time they replied a few hours later saying that the case was closed and that was that. Seems like you might be a little past this but for the sake of 5 minutes it might be worth a shot!
Each time I just sent them an email explaining that I had made 2 separate trips and was recorded going in on the first trip and out on the second. Every time they replied a few hours later saying that the case was closed and that was that. Seems like you might be a little past this but for the sake of 5 minutes it might be worth a shot!
Chrisgr31 said:
Why didn't you write to them in June 2015 when you received the original Notice? Would seem an obvious thing to do!
^^This^^Maty said:
My own fault, I assumed the stance was still the same, simply ignore all correspondence. I didn't realise things had changed and the advise was now to dispute.
I can only assume you have been living under a rock for the last 3 years since PoFA 2012 brought in keeper liability. 
ANPR systems are well known for 'double dip' errors - http://forums.moneysavingexpert.com/showthread.php...
Also they can only prove entry, not that any parking took place! - http://parkingeye.parkingfine-appeals.co.uk/mystor...
Did you get a till receipt for the fuel? If so, do you still have it? Failing that you should contact your bank. They should be able to confirm when your card was processed at the till terminal (your bank statement entry on its own won't cut it). However it doesn't prove what time you left the site. You could try getting Asda onside but having left it this long they may not be so willing to help you.
What would be ideal is if have any proof that you and your wife were each somewhere else during the intervening period between the first exit and second entry times.
Hopefully you can get the PCN cancelled but be aware that achieving it may turn out to be something of a PITA.
Maty said:
My own fault, I assumed the stance was still the same, simply ignore all correspondence. I didn't realise things had changed and the advise was now to dispute.
Going to do exactly that. If they want to continue it afterwards I've got the evidence to back up my case.
What was the original fine,how much is it now with the Debt recovery/Zeneth collections fees added and how much do you think you would pay in total if it went to court and you lost.Going to do exactly that. If they want to continue it afterwards I've got the evidence to back up my case.
If it goes to court in my opinion the magistrate will know you could have sorted it by speaking to Asda,you chose not to and ignored 8 letters and even if you have good evidence because you wasted a lot of peoples time including the courts is very likely to rule against you.
Edited to say you do not any real evidence to prove your innocents.The camera recorded the car coming into the car park at lunchtime to fill up with petrol and leave the car park after your wife left with her shopping at 17.00.So you are saying that the camera missed you leaving the car park after you filled up with petrol at lunchtime and missed the car again when your wife came into the car park to collect her shopping..Seams unlikely the camera missed you twice,you did not bother to look into this and ignored all letters.Who would the magistrate believe you or the parking company.
Edited by btcc123 on Thursday 31st December 13:14
Red Devil said:
I can only assume you have been living under a rock for the last 3 years since PoFA 2012 brought in keeper liability.
ANPR systems are well known for 'double dip' errors - http://forums.moneysavingexpert.com/showthread.php...
Also they can only prove entry, not that any parking took place! - http://parkingeye.parkingfine-appeals.co.uk/mystor...
Did you get a till receipt for the fuel? If so, do you still have it? Failing that you should contact your bank. They should be able to confirm when your card was processed at the till terminal (your bank statement entry on its own won't cut it). However it doesn't prove what time you left the site. You could try getting Asda onside but having left it this long they may not be so willing to help you.
What would be ideal is if have any proof that you and your wife were each somewhere else during the intervening period between the first exit and second entry times.
Hopefully you can get the PCN cancelled but be aware that achieving it may turn out to be something of a PITA.
I have better things to do than keep up with current affairs in the private parking company world but thanks for the advice. Hind sight is a wonderful thing.ANPR systems are well known for 'double dip' errors - http://forums.moneysavingexpert.com/showthread.php...
Also they can only prove entry, not that any parking took place! - http://parkingeye.parkingfine-appeals.co.uk/mystor...
Did you get a till receipt for the fuel? If so, do you still have it? Failing that you should contact your bank. They should be able to confirm when your card was processed at the till terminal (your bank statement entry on its own won't cut it). However it doesn't prove what time you left the site. You could try getting Asda onside but having left it this long they may not be so willing to help you.
What would be ideal is if have any proof that you and your wife were each somewhere else during the intervening period between the first exit and second entry times.
Hopefully you can get the PCN cancelled but be aware that achieving it may turn out to be something of a PITA.
The fuel was paid for on a debit card. Unmanned filling station but I have proof from the bank of the card transaction. I also have a print out from the Asda click and collect food order showing it was collected between 3:30 & 5:00.
The 'fine' is £80 currently, or £120 if left. The amount isn't the point.
Yes that's correct in that the camera clearly hasn't captured me leaving Asda at lunch or my wife re entering. Or they are selective in their pictures!
A judge may look upon it unfavourably but I would disagree that I have wasted anyone's time! They have sent 8 standard letters. It's not exactly business expense crippling is it.
Letter sent to Smart. Letter sent to Zenith denying the debt. Letter also sent to Asda with all the evidence.
We'll see what happens.
In my opinion this is an example of humans being policed by robots and that is a bad idea.
Yes the op should have been on the ball and fired off letters and visited the store etc or being a ph person sucked it up and paid the price asked for "the experience".
However, we are humans and life happens. There are thousands of ways to take your eye off something and it gets you in the wallet. There are armies of people trying to monetise everything!
I suspect the op was just trying to live his life to the best of his ability with the time and circumstances he had.
Yes the op should have been on the ball and fired off letters and visited the store etc or being a ph person sucked it up and paid the price asked for "the experience".
However, we are humans and life happens. There are thousands of ways to take your eye off something and it gets you in the wallet. There are armies of people trying to monetise everything!
I suspect the op was just trying to live his life to the best of his ability with the time and circumstances he had.
Maty said:
Truffs said:
My word BTCC the glass is not just half empty with you it's broken into little pieces!
Cheer up its a new year tonight.
This is about visiting an ASDA not running over children.
Chill!
Cheer up its a new year tonight.
This is about visiting an ASDA not running over children.
Chill!
Hopefully Asda will sort it out for you..Good luck.
Maty said:
The fuel was paid for on a debit card. Unmanned filling station but I have proof from the bank of the card transaction. I also have a print out from the Asda click and collect food order showing it was collected between 3:30 & 5:00.
The 'fine' is £80 currently, or £120 if left. The amount isn't the point.
Yes that's correct in that the camera clearly hasn't captured me leaving Asda at lunch or my wife re entering. Or they are selective in their pictures!
A judge may look upon it unfavourably but I would disagree that I have wasted anyone's time! They have sent 8 standard letters. It's not exactly business expense crippling is it.
Letter sent to Smart. Letter sent to Zenith denying the debt. Letter also sent to Asda with all the evidence.
We'll see what happens.
The trouble is two instances do not prove you were not parked up in the car park in between.The 'fine' is £80 currently, or £120 if left. The amount isn't the point.
Yes that's correct in that the camera clearly hasn't captured me leaving Asda at lunch or my wife re entering. Or they are selective in their pictures!
A judge may look upon it unfavourably but I would disagree that I have wasted anyone's time! They have sent 8 standard letters. It's not exactly business expense crippling is it.
Letter sent to Smart. Letter sent to Zenith denying the debt. Letter also sent to Asda with all the evidence.
We'll see what happens.
If it should go to court, what you really need is evidence the car was somewhere else when the PPC says it was in the car park.
PurpleMoonlight said:
Maty said:
The fuel was paid for on a debit card. Unmanned filling station but I have proof from the bank of the card transaction. I also have a print out from the Asda click and collect food order showing it was collected between 3:30 & 5:00.
The 'fine' is £80 currently, or £120 if left. The amount isn't the point.
Yes that's correct in that the camera clearly hasn't captured me leaving Asda at lunch or my wife re entering. Or they are selective in their pictures!
A judge may look upon it unfavourably but I would disagree that I have wasted anyone's time! They have sent 8 standard letters. It's not exactly business expense crippling is it.
Letter sent to Smart. Letter sent to Zenith denying the debt. Letter also sent to Asda with all the evidence.
We'll see what happens.
The trouble is two instances do not prove you were not parked up in the car park in between.The 'fine' is £80 currently, or £120 if left. The amount isn't the point.
Yes that's correct in that the camera clearly hasn't captured me leaving Asda at lunch or my wife re entering. Or they are selective in their pictures!
A judge may look upon it unfavourably but I would disagree that I have wasted anyone's time! They have sent 8 standard letters. It's not exactly business expense crippling is it.
Letter sent to Smart. Letter sent to Zenith denying the debt. Letter also sent to Asda with all the evidence.
We'll see what happens.
If it should go to court, what you really need is evidence the car was somewhere else when the PPC says it was in the car park.
gazza285 said:
Do the parking company have evidence that it was parked in the car park?
They will provide evidence of entry and exit. On the balance of probabilities the judge will likely assume it was parked up in between.I dare say the 'visited twice' is often used as an excuse for excessive parking (not that I am saying the OP is).
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