'Smart Parking' PCN at Fosse Park, Leicester

Alistair91

I recieved a parking ticket on return to my car after parking it at Fosse Park shopping centre in which I was under the impression the parking was free. I had been gone for around 4 hours as I took a lift into the city centre with a friend to take part in the marathon on Sunday.
The ticket says my contravention was 'Park and Ride' and their is a park and ride facility around half a mile away from the car park.
Sign in the car park read "Park and Ride vehicles parking in excess of 2 hours may be issued a £70 Parking Charge Notice"

Should I simply ignore the ticket and subsequent letters as advised in other threads or write an appeal as I wasn't using the nearby park and ride service?

Coupon-mad

You appeal but ONLY when the first postal notice arrives (ignore is OLD advice, not sure where you've read that in recent months!).

http://forums.pepipoo.com/index.php?showtopic=83749&st=0&gopid=874216

In my experience, Smart Parking send a non-compliant letter after a windscreen ticket - hence why you WANT one of them to bury them with at POPLA stage! Explained here just a minute ago:

https://forums.moneysavingexpert.com/discussion/4792120

So you wait, read some current threads now, read about POPLA. But DO NOT miss the chance to appeal when the 'NTO' rubbish arrives, let us know.

Alistair91

First link didn't work for me but cheers for the advice, I may of been reading old threads regarding this Smart Parking/Town and City Parking company.

Is it wise to ignore or just easier to appeal when I get the first letter through as my supposed contravention is incorrect in my opinion.

Coupon-mad

Not wise to completely ignore them no, as you never can tell which PPC is going to copy Parking Eye and start suing ignorers, months later.

Best to wait for the non-compliant NTO as it gives you several extra grounds for appeal. Tell us when it arrives and whether it's headed up 'Notice to Owner' and whether it actually states the 'contravention' at all.

The pepipoo link works for me...

Alistair91

Ok will do, is there any chance I will have to end up paying then after appealing (I know you must be sick of answering the same questions again and again but the piece of mind is appreciated)

It may just be the internet at work blocking the link and I will try when back home.

zzzLazyDaisy

The regulars on here have 100% success rate with forum assisted POPLA appeals, so no, there is no chance of you paying as long as you follow advice.

Have a read of this post by a regular poster, which gives a 'walk through' of the process

http://forums.moneysavingexpert.com/showpost.php?p=63099617&postcount=2

Alistair91

Most people seem to have reciepts of shopping in the stores etc. to help get the parking notices cancelled wheras I didn't even enter the store.

en.parkopedia.co.uk/parking/carpark/fosse_park/le19/leicester/

This website says the parking is free all day but a store purchase is required. I took a blurry picture of the sign after recieving the ticket and won't be able to go back as it is too far to reasonably travel but it definately says customer car park and that a PCN may be issued for P+R users.
I am still unsure if I have a case as it is a customer car park and I didn't make a purchase or enter their store.
As it is a free car park however I saw another post on this forum from a letter to a PPC that states the fee is disproportionate and parking charges on private land must not exceed the cost to that landowner whilst parking there and as the parking is free the cost to landowner would be £0 and that there is also no loss of business.

Coupon-mad

Alistair91 wrote: »

Most people seem to have reciepts of shopping in the stores etc. to help get the parking notices cancelled wheras I didn't even enter the store.

en.parkopedia.co.uk/parking/carpark/fosse_park/le19/leicester/

This website says the parking is free all day but a store purchase is required. I took a blurry picture of the sign after recieving the ticket and won't be able to go back as it is too far to reasonably travel but it definately says customer car park and that a PCN may be issued for P+R users.
I am still unsure if I have a case as it is a customer car park and I didn't make a purchase or enter their store.
As it is a free car park however I saw another post on this forum from a letter to a PPC that states the fee is disproportionate and parking charges on private land must not exceed the cost to that landowner whilst parking there and as the parking is free the cost to landowner would be £0 and that there is also no loss of business.

:eek:

Stop!!

We win at POPLA 100% of the time (no losses in cases advised on in SEVEN months!) based on a couple of arguments that relate to almost all fake PCNs.

You have a case. It is not about what you did or didn't do!

Why do you think people only win POPLA appeals with receipts, they are irrelevant at that appeal stage and it's not about 'what happened'. You haven't read enough about POPLA appeals yet, but you have plenty of time to read the forum every few days to gets the gist of why cases win at POPLA even if a lone driver parked sideways for a week in a parent & child bay.

Relax, read some threads, read the most recent POPLA decisions (top of the forum). You have AGES until the Notice to Keeper arrives.

Alistair91

I have recieved the first letter from Smart Parking. It is headed the 13/11/13 and I have been away since last week when it must've come through the post.

The letter is titled 'notice to owner' but doesn't state the contravention, just the time it took place at and location.

So is my next step a weak appeal and ask for a POPLA code?

Coupon-mad

Yep but it's possible Smart will fold when you send the appeal if you make it clear there are flaws in the Notice (state them) and as well as saying that, you are going to state to POPLA that the charge does not represent a true pre-estimate of loss and that Smart do not own the car park so will require their contract with the landowner. When I appealed one for a friend, just like the one you have there, Smart folded by email within 3 days and I only made the same points I have outlined. Write ONLY as the registered keeper, not the driver, not giving any info about 'what happened' on the day at all.

Alistair91

Is it worth mentioning in the appeal that the letter is notice to owner rathar than notice to keeper or is there not any difference? I read through the Protecion of Freedoms act that is in the Newbies Help section and it only ever mentions the keeper or driver and never owner.