notice to owner at watergardens harlow..

15_MILLION

Hello!

..I have read through these forums quite extensively, however since I have just received 'notice to owner' from 'smart parking' I would greatly appreciate
some feedback before I respond: (here's a summary:)

We shopped in txmaxx, harlow, essex on 16/12/2013 arriving approx 15.30hrs..I was a passenger in my partners vehicle, we'd never been to this car park / shopping centre before. We did not see any sign anywhere telling us we had to pay as soon as we'd entered the car park, however we did see a sign telling us to remember our bay number and pay at the pay station.. so we assumed we paid on exit like every other shopping centre car park we've ever been to.. After shopping, with receipts from tx maxx as proof.. we went to the 'pay station' to pay for the duration of our parking and duly bought our parking ticket...
That ticket (which we still have) was time/date stamped - it states 05.25 - 16/12/13 and fee paid (£0.90p) space 7 PAID UNTIL 19.25pm 16/12/13.. then we went to the car to find to our great shock a 'Parking Charge Notice' from Smart Parking!! We actually then found the 'parking attendant' who had issued the 'penalty charge notice' and asked him to cancel the ticket, which of course he refused, his defence was there was a "very clear" (ahem!) sign at the entrance which stated "pay on route" - I asked him what part of "pay on route" informed drivers to pay on entry and why they did not have a much clearer sign that
said exactly that, ie: PAY ON ENTRY but.. he was not very interested.. After which I searched the internet and was guided to these forums so I have since waited for the 'Notice to Owner' to arrive in post, which arrived yesterday on 20/01/14 but is dated 16/01/14..

The notice to owner has the correct surname for the owner of the vehicle but a completely ambiguos/incorrect first name, I'm not sure if that makes much of a difference?..

So, I am about to write back, I will not state who the driver was, my intention is to simply state that we bought a ticket in good faith (which states 05:25 - 16/12/13 fee paid £0.90 paid until 7:25pm so how can they enforce a pcn timed at 16.33hrs anyway) and that the pcn they issued is also not valid on the grounds that the signage was NOT clear/ their instructions were ambiguos. I will ask for a POPLA code if my appeal is rejected and will also inform them that I have a copy of our shopping receipts and parking ticket.

Can I write back to them simply as a 'passenger/witness' in the vehicle without implicating the actual driver and just provide my email address?

Also, I did call the manager of Tk Maxx a minute ago, he said there was nothing he could do, apparently there's a sign on (one of) their door(s) stating that the car park is not their responsibility..

Any advice hugely appreciated!!

bod1467

Read the NEWBIES thread. Linked from there you'll find good examples of first appeals to send to PPCs.

Folkiedave

15_MILLION wrote: »

Hello!

..
Can I write back to them simply as a 'passenger/witness' in the vehicle without implicating the actual driver and just provide my email address?

…...!

Just use the 3rd person - "The driver this and the driver that…."

Coupon-mad

Also, I did call the manager of Tk Maxx a minute ago, he said there was nothing he could do, apparently there's a sign on (one of) their door(s) stating that the car park is not their responsibility..

It wouldn't be. It is the Retail Park Management's responsibility so complain to them once you have found them with a quick Google of the place.

android26

This is a place I visit to work every couple of months and I never realised it was pay on entry. I always collar the attendant and point out my van and tell security which bay I'm in as I don't pay. Do as CM says and google, then complain to the centre manager and politely demand the charge is cancelled by them . If that proves fruitless, these seem to be the agents for the site;
Paul Baverstock
Edgerley Simpson Howe LLP
30 Anyards Road
Cobham
Surrey
KT11 2LA
Tel: 01932 860 505
Email: paul@eshp.com

Dublindel

Write to them asking them to justify the pre estimate of loss and ask for a POPLA code. That's all u need right now. I know this car park and have dealt with claims for myself, friends and family. 100% win rate record so far.

15_MILLION

Thank you sincerely, bod1467, Folkiedave, Coupon-mad, android26 and Dublindel, I have just sent my appeal and took all of your suggestions on board. I really am very grateful for your help and time!

Perhaps, not suprisingly, I was unable to submit my supporting attachments, firstly since I'd scanned it as a 'pdf' and then the smart (??) parking website would only accept jpegs below 1mb.. After then spending the best part of an hour I was able to resend documents in their supported formats.. only to be informed that 'supporting documents' cannot be uploaded at this time!!! Argghhh...

I am amazed at having to go through all this, especially since we bought a parking ticket in good faith in the first place!! The amount of time and energy needed to dispute this.. It's like being in the wild west, complete cowboys, or perhaps M A F I A might be a more appropriate description!!

But really, thank you everyone on this site to at least have given me the opportunity to fight back. If anyone becomes aware of a 'public' (collective) lawsuit against smart parking please drop me a line, I'd love to get these b######s back...
:mad:

..Finally I will update you on whether my appeal is successfull of course!

Dublindel

Your appeal will be unsuccessful. But will be successful at POPLA.

15_MILLION

:j

..I've just received this email today:

"Thank you for your recent communication.

I have noted the points you raised and would like to confirm that we are cancelling the Parking Charge Notice."


So thank you soooo much all of you for your time and help, no popla code needed after all! Couldn't have done it without you all!!!!!!

:T