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Smart Parking ordered to shut down illegal car park and pay back "fines"

245

Comments

  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
    First Anniversary Name Dropper First Post Photogenic
    edited 20 October 2017 at 9:49PM
    I was on a retail park yesterday where, since my last visit a month or so ago, Smart have muscled in. Their signage is everywhere. I know we argue about insufficient (volume) signage but this was ugly. Everywhere. How the planning authority allowed such a blot on the visual environment. Ugly!

    Interestingly there was a Smart produced large sign with words to the effect ‘Do not complain to any shop about your parking charge. All appeals to Smart Parking’. Didn’t take a photo as it was peeing down.

    When I’m in South Africa, retail parks are awash with parking attendants, but these are young men from the local township, hi viz jacket, floppy hat and with a wide, beaming smile from ear to ear for you.

    They guide you into your parking spot, keep an eye on their designated row of cars, help you with unloading your shopping from your trolley to boot, take care of your trolley, bid you a good day, watch you backing from your space and wave you off. Most people wind down their window and give them 3 or 4 Rands (20p or so).

    There’s no time limits in car parks, no ANPR cameras, no ticketing, no penalties, and definitely no carmageddon! The boys are happy, the customers are happy and the shops are busy.

    Were it only like this here! What a revelation it would be!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    First Post Combo Breaker First Anniversary
    It would be West Yorkshire Trading standards, who are renowned as the clear leaders by a great margin in the most useless inept trading standards department in the UK.
    They wont do anything except hide under their desks.
    I do Contracts, all day every day.
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    First Anniversary Photogenic Name Dropper First Post
    They guide you into your parking spot, keep an eye on their designated row of cars, help you with unloading your shopping from your trolley to boot, take care of your trolley, bid you a good day, watch you backing from your space and wave you off. Most people wind down their window and give them 3 or 4 Rands (20p or so).

    There’s no time limits in car parks, no ANPR cameras, no ticketing, no penalties, and definitely no carmageddon! The boys are happy, the customers are happy and the shops are busy.
    I was drifting off into a heavenly day dream while reading that......... One day!
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    Combo Breaker First Post
    Half_way wrote: »
    So if it's public highway, and smart have no authority to operate, wouldn't any requests to the dvla be a breach of the data protection act?


    YES as soon as they have been officially made aware of the situation , prior to this they can pass the blame back to the council and say they were acting in good faith
    Save a Rachael

    buy a share in crapita
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    Combo Breaker First Post
    Umkomaas wrote: »
    I was on a retail park yesterday where, since my last visit a month or so ago, Smart have muscled in. There signage is everywhere. I know we argue about insufficient (volume) signage but this was ugly. Everywhere. How the planning authority allowed such a blot on the visual environment. Ugly!

    Interestingly there was a Smart produced large sign with words to the effect ‘Do not complain to any shop about your parking charge. All appeals to Smart Parking’. Didn’t take a photo as it was peeing down.

    When I’m in South Africa, retail parks are awash with parking attendants, but these are young men from the local township, hi viz jacket, floppy hat and with a wide, beaming smile from ear to ear for you.

    They guide you into your parking spot, keep an eye on their designated row of cars, help you with unloading your shopping from your trolley to boot, take care of your trolley, bid you a good day, watch you backing from your space and wave you off. Most people wind down their window and give them 3 or 4 Rands (20p or so).

    There’s no time limits in car parks, no ANPR cameras, no ticketing, no penalties, and definitely no carmageddon! The boys are happy, the customers are happy and the shops are busy.

    Were it only like this here! What a revelation it would be!


    definition:

    south Africa = parking attendent

    UK = parking warden
    Save a Rachael

    buy a share in crapita
  • patman99
    patman99 Posts: 8,532 Forumite
    First Anniversary Combo Breaker Photogenic First Post
    Surely Smart Parking could claim their losses back from the Council as the Council ran the site as a carpark for 10 years previously.
    Never Knowingly Understood.

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  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    Combo Breaker First Post
    yes , breach of contract , selling them faulty goods , I wonder if trading standards would assist them?
    Save a Rachael

    buy a share in crapita
  • Johno100
    Johno100 Posts: 5,259 Forumite
    First Anniversary Name Dropper First Post
    patman99 wrote: »
    Surely Smart Parking could claim their losses back from the Council as the Council ran the site as a carpark for 10 years previously.
    pappa_golf wrote: »
    yes , breach of contract , selling them faulty goods , I wonder if trading standards would assist them?

    But based on some of the the comments in the OP's link it could be that the council are not the landowners but leased the car park from a 3rd party, The lease agreement came to an end and then (not so) Smart stepped in and continued to run it as a car park under a new lease with the landowner. If that is the case I can't see that the council is liable.
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    First Anniversary Photogenic Name Dropper First Post
    The saga continues...

    Smart Parking still maintaining a very 'undignified' silence over the issue.

    http://www.thetelegraphandargus.co.uk/news/local/localbrad/15626634.Car_park_fines_row_rumbles_on_as_new_probe_is_launched/
  • Johno100
    Johno100 Posts: 5,259 Forumite
    First Anniversary Name Dropper First Post
    Seems I was right about the land being owned by a 3rd party and both the council and (not so) Smart operating the car park under leases.

    I wonder how the BPA will fit this mess under the carpet? And I see a Green councillor who seemingly lives on another planet pipes up and talks about Smart potentially being suspended by the BPA.:rotfl::rotfl:
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