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Smart Parking - Charlton (London)

Hi there,

I just wanted to get some advice about a parking ticket I've just received.
Date of incident: 13/12/2013.
Date letter sent: 19/12/2013.
Date letter received: 21 or 23/12/2013.
Date to pay reduced amount: 01/01/2014.

So firstly, my issue is that they have spelt my first name incorrectly. This seems like a huge deal considering "DVLA have confirmed that you are the registered keeper of this vehicle".

I stayed just under 4 hours in a free 3 hour parking area (I didn't even realise there was a limit). They have a dodgy looking picture of my car entering and exiting. However, I was actually doing my Christmas shopping in that area as a genuine customer, so could send the receipts for those (although the last 2 shops were not in the direct parking facility I was in, the traffic around was too much, so I walked to the other side of the retail park instead of driving the car - will this go against me?).

I can't see anywhere specifically in the letter that says Notice to Keeper. It just says 'Parking Charge Notice - Do Not Ignore'. Is this the same thing?

I'm being given until 1/1/2014 to pay the reduced fee of £40 (from £70), although I've only just received it and there are 2 weekend days and 3 bank holidays in between, so my only option is to appeal online.

I usually just write a strong letter and provide evidence and then call to complain again when silly charges arrive (which is not often). I've scanned the receipts already and was just going to log in and upload to the charge and appeal.:mad: However, as I said, I'm concerned that they haven't even spelt my first name correctly, but checking on BPA they are listed under AOS. Should I mention this to them?

Any advice?

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    read the newbies- read this now sticky thread at the top of the forum, that will tell you exactly what to do, with links to templates etc
  • Umkomaas
    Umkomaas Posts: 44,400 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Slight spelling error, no big deal for them (albeit for you), it's no showstopper.

    Smart are relatively tame, so you now just need to 'play the game'. Soft appeal, rejection, get POPLA code, draft POPLA appeal, pop it up here for appraisal and final confirmation, submit, wait, appeal upheld, charge quashed.

    Don't get side-tracked chasing shadows - read NEWBIES thread which will confirm the above thumbnail overview.
    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
  • Thanks for the summary. The newbies thread has ALOT of information, so the summary of steps is useful in terms of what to look out for.

    Will keep you posted :-)
  • antheana wrote: »

    I'm being given until 1/1/2014 to pay the reduced fee of £40 (from £70),

    I'm concerned that they haven't even spelt my first name correctly, but checking on BPA they are listed under AOS. Should I mention this to them?

    Any advice?

    Yes plenty of advice!
    The spelling of the name is not an issue, my ethnic origin is not Anglo-Celtic (i.e. not British) so my name engenders more misspellings than you can imagine and by that I mean from everyone, even those copying it directly from an original source. Provided they haven't spelt Nick Clegg with the letters W-I-L-L-I-A-M H-A-G-U-E , people can see it is you.

    Considering the discount, I shouldn't worry about that expiring because regardless of the outcome of your representation to Smart Parking, you won't be paying it.

    It SHOULD be cancelled by POPLA (at Smart's expense), but just in case it isn't, you still won't be paying.

    Beginning with the fees not reflecting losses by claimant, they do not have a hope against you. However, if they reject your reasoning and it does have to go to POPLA, I am sure we will find several matters on which to build your statement. The parking companies are all scammers and none abide by BPA terms and conditions nor by the law in general. It will be a piece of cake provided you hold your nerve and don't at any time back down or allow yourself to be influenced by the propaganda campaign excreted by the enemy.

    Any questions, feel free to ask! :)
  • Hi all,

    Just to let you know that I received an email from Smart Parking yesterday to inform me they have taken my points into consideration and have now cancelled my ticket.

    In case anyone may find it useful, this is what I included in my original letter:
    1. Driver was a genuine customer of the car park
    2. This was a free car park for customers and any overstay, which includes additional revenue during the Christmas period, could not have caused losses resulting in a £70 fine
    3. The parking charge is disproportionate to the length of overstay (1 hour)
    4. Request for a POPLA code if not cancelled
    5. If appeal upheld, I will charge them £18ph for costs which they accept to pay if pursuing me

    I also uploaded some of the receipts from my shopping at the Retail Park.

    Thanks for all the advice.

    Anthea
    :T
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