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  • FIRST POST
    • Snowtime1
    • By Snowtime1 2nd Mar 17, 10:05 PM
    • 8Posts
    • 2Thanks
    Snowtime1
    NCP Smart Matalan Hayes
    • #1
    • 2nd Mar 17, 10:05 PM
    NCP Smart Matalan Hayes 2nd Mar 17 at 10:05 PM
    Hello.

    Hopefully I would be totally grateful if someone can help.
    I got a NCP in the post after parking in matalan in hayes without a pay and display..

    I was in there for approx 2 hrs 30 mins.
    I made a stupid mistake and now it's going to cost me even thought I did shopping there too!

    I read through the posts on here and would like help overturning the PCN.
    I saw the BPA template is correct for the appeal however I have some concerns about the words on the PCN I got and the words in the appeal letter.

    Is the current template still valid for smart parking appeal?

    PCN letter that says "smart parking ltd have the right to seek payment of the marking charge for unauthorized parking of the vehicle on the land on the relevant date as the owner of the land, on the basis of a contractual right to occupy or have possession of the land, or acting as the agent of the land owner"

    Does that statement not void the template statement?

    Template;
    Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

    PCN Letter :
    " The signage, which is clearly displayed at the entrance to and throughout the car park, states that this is private land and the car park is managed by smart parking ltd"

    PCN Letter:
    Following the landmark Supreme Court ruling of Parkingeye vs Beavis, it has now been established that a parking charge notice issued on private land is enforceable. the court rejected claims that such charges are extravagant or unconscionable and advised that such charges act as a necessary deterrent for breach of contact.

    I am worried about appealing and then it going to court etc and causing more trouble.
    £50 fine within 14 days and £85 after

    Hopefully someone can say the template is still valid as an appeal.

    Thanks for all your help in advance.

    Kind regards.

    S
    Last edited by Snowtime1; 02-03-2017 at 10:26 PM. Reason: edit
Page 1
    • Redx
    • By Redx 2nd Mar 17, 10:52 PM
    • 13,545 Posts
    • 16,588 Thanks
    Redx
    • #2
    • 2nd Mar 17, 10:52 PM
    • #2
    • 2nd Mar 17, 10:52 PM
    its a pcn , not ncp

    and yes , the blue text template appeal in the NEWBIES sticky thread near the top of this forum is still valid , still current and still up to date and nothing "voids" the template

    please use it

    ps:- there is no "fine", but there is a speculative INVOICE
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 3rd Mar 17, 1:01 PM
    • 44,060 Posts
    • 56,787 Thanks
    Coupon-mad
    • #3
    • 3rd Mar 17, 1:01 PM
    • #3
    • 3rd Mar 17, 1:01 PM
    I am worried about appealing and then it going to court etc and causing more trouble.
    £50 fine within 14 days and £85 after
    It is not a fine, you are not in trouble and Smart Parking never sue - and they are 100% beatable at POPLA as long as you follow the forum templates and never say who was driving.

    Do not pay, do not panic, this is simple to win at POPLA like all the other Smart ones.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • MothballsWallet
    • By MothballsWallet 3rd Mar 17, 1:04 PM
    • 10,577 Posts
    • 13,711 Thanks
    MothballsWallet
    • #4
    • 3rd Mar 17, 1:04 PM
    • #4
    • 3rd Mar 17, 1:04 PM
    OP, round this board we refer to Smart Parking as "Not So Smart" because, well, they're not "smart" at all

    Follow the advice on here and you're guaranteed to win against them.
    Always ask yourself one question: What would Gibbs do?
    Married to an immigrant.
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    • mubashar
    • By mubashar 10th Mar 17, 4:44 PM
    • 4 Posts
    • 1 Thanks
    mubashar
    • #5
    • 10th Mar 17, 4:44 PM
    • #5
    • 10th Mar 17, 4:44 PM
    Looks like (Not so) Smart Parking Ltd have been busy issuing PCN's by post for alleged breaches of T&C at Matalan Hayes. Just got their identical letter though the post with exception that the vehicle pictures indicate that it was in and out on March 3 2017 within 15 minutes.


    I'm not trying to hijack this thread. I just want to seek a clarification which I'm sure Snowtime1 will also found it useful. I understand that Snowtime1 will 100% win this appeal, but am I correct in understanding that there may be a number of further correspondences, appeals, threats, escalations that Snowtime1 may have to endure in the mean time?


    Also, if Snowtime1 just ignored all such correspondence, what are the risks associated with that option?


    Please don't take this as me impeding on another case but just seeking further clarity based on snowtime1 scenario or what to be prepared for if going down this appeals process vs ignoring all correspondence from Smart Parking Ltd and their associates?


    Thank you in advance.
    • Snowtime1
    • By Snowtime1 11th Mar 17, 2:15 PM
    • 8 Posts
    • 2 Thanks
    Snowtime1
    • #6
    • 11th Mar 17, 2:15 PM
    • #6
    • 11th Mar 17, 2:15 PM
    I sent in my appeal online. I expected an automatic message to be emailed to say they got my appeal and got nothing.
    Email address in appeal was correct.... nothing yet.
    All I got was a page that said they will contact me about my appeal in the next few days.

    I sent in the appeal online again and took screenshots incase they ask me to provide evidence. Terrible system! They could turn round and say they did not get an appeal request.
    Last edited by Snowtime1; 11-03-2017 at 2:17 PM. Reason: edit
    • Snowtime1
    • By Snowtime1 11th Mar 17, 2:19 PM
    • 8 Posts
    • 2 Thanks
    Snowtime1
    • #7
    • 11th Mar 17, 2:19 PM
    • #7
    • 11th Mar 17, 2:19 PM
    I understand that Snowtime1 will 100% win this appeal, but am I correct in understanding that there may be a number of further correspondences, appeals, threats, escalations that Snowtime1 may have to endure in the mean time?
    Originally posted by mubashar
    I hope not sent in appeal twice online. a good IT system would have given an automatic reply to say appeal rec.

    I couldn't see a record of my first appeal online which was worrying.
    Last edited by Snowtime1; 11-03-2017 at 4:47 PM.
    • Fruitcake
    • By Fruitcake 12th Mar 17, 12:09 PM
    • 38,094 Posts
    • 76,187 Thanks
    Fruitcake
    • #8
    • 12th Mar 17, 12:09 PM
    • #8
    • 12th Mar 17, 12:09 PM
    Looks like (Not so) Smart Parking Ltd have been busy issuing PCN's by post for alleged breaches of T&C at Matalan Hayes. Just got their identical letter though the post with exception that the vehicle pictures indicate that it was in and out on March 3 2017 within 15 minutes.


    I'm not trying to hijack this thread. I just want to seek a clarification which I'm sure Snowtime1 will also found it useful. I understand that Snowtime1 will 100% win this appeal, but am I correct in understanding that there may be a number of further correspondences, appeals, threats, escalations that Snowtime1 may have to endure in the mean time?


    Also, if Snowtime1 just ignored all such correspondence, what are the risks associated with that option?


    Please don't take this as me impeding on another case but just seeking further clarity based on snowtime1 scenario or what to be prepared for if going down this appeals process vs ignoring all correspondence from Smart Parking Ltd and their associates?


    Thank you in advance.
    Originally posted by mubashar
    This is the danger of asking questions on someone else's thread. We don't know what your circumstances are so the advice to the OP may differ from advice we might give to you on your own thread. However, the advice to ignore has not been given on this site since the law changed in 2012.

    Always begin with the NEWBIES thread then start your own thread if you have further questions.
    I married my cousin. I had to...
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