Smart Parking ticket for parking at Matalan

borored

Hi

I have received a parking ticket for parking in a disabled bay at Matalan.
Before I get shot down for the sin against disabled drivers I would like to point out that the disabled bays in question serve no purpose for disabled users as they are not near the shop entrance or exit and are NEVER used. I always park, wherever possible, away from other vehicles due to having a large new vehicle that I don't want dented or scratched by inconsiderate drivers I also have 3 kids and don't want to risk them damaging other vehicles when opening doors.
I have taken pictures showing the location of the empty bays around my ticketed vehicle.
I have the usual Smart Parking ticket for £90 reduced to £45 for 14 day payment. Smart Parking have only started managing the car park in recent months and all signage is new.
I complained to the Matalan manager who informed me that the landlord had employed Smart Park and it was nothing to do with him. I took the manager outside to show him the mass of unused disabled bays in the location away from the enterance and he told me that he had requested to the landlord that them particular bays become large parent and child bays as they served little practicle use to the disabled. The landlord had informed him that they were required by law to provide a % of disabled bays and they had to remain.
My temptation would be to just ignore the ticket and any future letters but this is where it gets complicated. The car is leased through a vehicle leasing company and they are the registered owner AND keeper and I fear how they will handle the matter.
Any advice?

Guys_Dad

AS car is leased, the leasing company will get the NTK unless you intervene and tell the PPC that you were the driver and they should contact you.

Leasing companies have been known to pay the charge, treating it as a fine, and then charge your card.

You should tell them immediately that you are disputing the charge and that their obligation is to inform the PPC who was driving, and not to pay them anything as this is not a fine but a civill charge that you are disputing.

Then wait for the PPC to contact you, but don't wait in a disabled bay !

Tilt

The above advice is spot on assuming the ticket was attached to the car and not sent through the post. If the latter, the lease co will have already of become involved.

borored

The ticket was placed on the windscreen. I'm guessing the Smart Parking employee sits watching the bays from a distance as I imagine quite a lot of parents use the bays knowing they are unused.
I intend to contact the lease company ADL but have noticed my contract with them says they will pay ANY private parking invoices (and charge me an admin fee on top) and take it from my direct debit. It really pains me to say it but I might pay the £45 as I think I will get screwed by my lease company

Guest101

borored wrote: »

The ticket was placed on the windscreen. I'm guessing the Smart Parking employee sits watching the bays from a distance as I imagine quite a lot of parents use the bays knowing they are unused.
I intend to contact the lease company ADL but have noticed my contract with them says they will pay ANY private parking invoices (and charge me an admin fee on top) and take it from my direct debit. It really pains me to say it but I might pay the £45 as I think I will get screwed by my lease company

You must contact them, they cannot pay a fine on your behalf, if you are contesting it. They are not there to confirm guilt of anything. They offer this service, and make it sound liek a requirement (because its easier for them, and they can charge an admin fee) - tell them you are not paying this fine.

fisherjim

Guest101 wrote: »

You must contact them, they cannot pay a fine on your behalf, if you are contesting it. They are not there to confirm guilt of anything. They offer this service, and make it sound liek a requirement (because its easier for them, and they can charge an admin fee) - tell them you are not paying this fine.

But the OP must NOT CALL IT FINE it is just a speculative invoice!

Stroma

Guest101 wrote: »

You must contact them, they cannot pay a fine on your behalf, if you are contesting it. They are not there to confirm guilt of anything. They offer this service, and make it sound liek a requirement (because its easier for them, and they can charge an admin fee) - tell them you are not paying this fine.

Better to take the lease company out of the equation by challenging first , try this! And by the way the keeper would be the keeper of the vehicle on the day as defined by pofa 2012, not necessarily the registered keeper.




Name
Address

Date

Dear Scammers,

In regards to the invoice received with ref number xxxxxx dated xxxxxx, the keeper denies all liability to your company, if you reject this challenge the keeper requires within 35 days a popla verification code for them to appeal independently, per Version 2 of the BPA Code of Practice.

The keeper has nothing further to add, and will not respond to any correspondence from your company unless it contains the popla code. If you wish to find out why the keeper rejects all liability, pay the £27 plus vat to popla to find out

The challenge will be deemed accepted if there is no popla code on any rejection that you supply within the timeframe stipulated above.

Yours Faithfully

Your name (printed)

Coupon-mad

borored wrote: »

The ticket was placed on the windscreen. I'm guessing the Smart Parking employee sits watching the bays from a distance as I imagine quite a lot of parents use the bays knowing they are unused.
I intend to contact the lease company ADL but have noticed my contract with them says they will pay ANY private parking invoices (and charge me an admin fee on top) and take it from my direct debit. It really pains me to say it but I might pay the £45 as I think I will get screwed by my lease company

What are you thinking, did you not read the advice above your post?

You have had the best advice already. Simply appeal to the parking company and the fake PCN is then yours as driver, to win at POPLA.

The lease co won't hear anything if you respond to the PPC (normally we would not advise people to respond to a windscreen fake (private) PCN and to wait for the letter but in the case of lease cars our advice is to appeal so it's yours to win. You are lucky you got a windscreen fake PCN rather than a postal one to the lease co!

You would NEVER surely actually pay, for the sake of 2 appeal emails! :eek:

Dave_TH

Coupon-mad wrote: »

What are you thinking, did you not read the advice above your post?

You have had the best advice already. Simply appeal to the parking company and the fake PCN is then yours as driver, to win at POPLA.

The lease co won't hear anything if you respond to the PPC (normally we would not advise people to respond to a windscreen fake (private) PCN and to wait for the letter but in the case of lease cars our advice is to appeal so it's yours to win. You are lucky you got a windscreen fake PCN rather than a postal one to the lease co!

You would NEVER surely actually pay, for the sake of 2 appeal emails! :eek:

do as Coupon-mad says and the lease Co will never find out, then time to stuff the PPC at POPLA

The_Slithy_Tove

borored wrote: »

I intend to contact the lease company ADL but have noticed my contract with them says they will pay ANY private parking invoices (and charge me an admin fee on top) and take it from my direct debit.

And you signed that?!?!

OK, you were probably not to know the actual consequences of such a ridiculous term (none of us are until we get our first fake PCN), especially as postal PCNs can drop out of the blue on any pretext.

As well as appealing direct to the PPC, take note next time you lease a new car, read the contract carefully, and strike out any such terms before signing.