PCN Sports Direct Darlington

GiMac

Received a PCN in post today dated 01/12/15 from Smart Parking Ltd of Birmingham, for my daughters cars, which I am the registered keeper of.

It relates to the Sports Direct carpark in Darlington.

Date of supposed contravention 25/11/15.

There are two ANPR photos on the PCN showing car entering Car Park at 15.13:53 and leaving 15:29:07.

The PCN states she "Overstayed Paid Time" but she neither parked or paid so how can she overstay if she hasn't actually paid in the first place? Is this grounds for an appeal?

She has told me she didn't even park. She tried to park but the car park was full, she waited to see if a space would become available it didn't and so she left and parked in the council car park across the road. I'm not sure if that is relevant or not but obviously since she didn't even park she didn't buy a ticket and they do not even have proof that she parked just that she entered and left the site.

I have read the thread regards appealing but it is very confusing, so a little guidance from one or two of the regulars here would help please?

Herzlos

Appeal in the usual way, but cite the court case where the judge declared that driving around a car park is not parking.

You can also point out that the car was only on-site for 15 minutes and 17 seconds, which should fall under the grace period required to read the terms and find a space. After giving up on finding a space, the driver left.

ManxRed

Is there a postmark on the envelope? What date?

catfunt

Herzlos wrote: »

Appeal in the usual way, but cite the court case where the judge declared that driving around a car park is not parking.

You can also point out that the car was only on-site for 15 minutes and 17 seconds, which should fall under the grace period required to read the terms and find a space. After giving up on finding a space, the driver left.

+1

The court case was IIRC Fistral Beach in Newquay, Cornwall. Have a search on here and on the Parking Prankster website.

Wait for the experts, but I'd be appealing to the PPC and quoting that court case, in addition to the normal template appeal in the Newbies thread.
They may fold at this stage if they know they have a fight on their hands, but Smart are not that, well... smart.

They will probably reject the appeal, but there are plenty of other good appeal points that can be used at the POPLA stage.

Unicorn51

The case was ParkingEye v Mrs X.

The judge ruled that the 31 minutes they spent driving round the car park did not constitute parking.

GiMac

Hi All just received this:

"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.

If I can be of any further assistance please do not hesitate to contact me.


Yours sincerely,

Smart Parking Ltd"

I used the template and added in a bit about the short period of time in the carpark, stated was just looking for a space and didn't actually park, asked them to provide proof of actually parking and quoted the case in cornwall which was ParkingEye vs Hotchin where the judge decided that looking for a parking space was not deemed to be actually parking and therefore no contract had been formed.

Thanks very much for all your help and assistance.

#oneforthegoodguys

Coupon-mad

Nice result, one for the good guys indeed.