Ad description

A Google sponsored search result for a parking service, www.wepark4u.co.uk, stated "Parking Soton Cruise Port ... 10% off or £89 max fee any length cruise. Use code "xxxx" when booking".

Issue

The complainant challenged whether the claim was misleading and could be substantiated because they said their quoted price exceeded £89.

Response

wepark4u Ltd (wepark4u) did not respond to the ASA's enquiries.

Assessment

Upheld

The ASA was concerned by wepark4u's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in the future.

Because wepark4u did not provide any evidence to support their price claim, we concluded the ad was misleading and breached the Code.

The ad breached CAP Code (Edition 12) rules  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (Misleading advertising),  3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.  (Substantiation) and  8.2 8.2 Promoters must conduct their promotions equitably, promptly and efficiently and be seen to deal fairly and honourably with participants and potential participants. Promoters must avoid causing unnecessary disappointment.  (Sales promotions).

Action

The ad must not appear again in its current form. We told wepark4u not to make price claims in future which could not be substantiated and referred the matter to CAP's Compliance team.

CAP Code (Edition 12)

3.1     3.7     8.2    


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