Smart Parking (PCN) - Matalan, Leicester

baks77

Hi all,
On 26 Nov 15, while shopping at Matalan-Leicester, We were overstayed by 52 minutes. I got a £85 Parking Charge Notice from Smart Parking dated 1/12/15, reduced to £50 if paid before 14 days.
I read the forum and appealed to Smart Parking (on line from their website) on 4/12/15

*********
Date: 4/12/2015
Dear Sir/madam,

Re: PCN No: TCXXXXXXX
I challenge this 'PCN' as keeper of the car, on these main grounds:


a) Your Notice to Keeper fails to comply with the strict requirements of POFA 2012 so there can be no keeper liability. Consequently you have forfeited any right to hold me, as keeper, liable for any charge. For example, sections 2(e) and 2(f) have been ignored completely. There are other non-compliances.
b) The sum is disproportionate and does not represent a genuine pre-estimate of loss.
c) It is a ‘free’ car park without ticketing. Your loss is nil. The sum is extravagant and unconscionable and cannot be justified.
d) There is no evidence that you have any interest in the land.
e) I believe that the signs were not seen/are ambiguous and the predominant purpose is to deter so there is no contract to pay this charge, which is a penalty.



Formal challenge:
There will be no admissions as to who was driving and no assumptions can be drawn.
You must either;
1) Cancel the notice
2) Pursue the driver and stop pursuing the keeper.
3) Reject this challenge and provide a POPLA code


Yours faithfully,


Mr X XXXX


But since appeal, I don't get any acknowledge from Smart Parking.
Should I just wait or soft appeal again to them?

Thank you.
B

Umkomaas

They have 35 days to respond to an initial appeal, when they will either accept your appeal and cancel the charge or (more likely) reject your appeal and provide you with a verification code with which you appeal to POPLA.

Follow the process as advised on the forum and you can pretty much be certain you will get the charge cancelled - probably through POPLA, but Smart are the one PPC that cancels more charges at the initial appeal stage than most other PPCs.

Bit of patience needed to see what their first response is.

baks77

Thank you for your reply and advise Umkomaas.
I will inform you once I get any letter from Smart Parking for further advise!

carlislelass

Isnt that carpark just for Matalan shoppers? Sure theres a big sign

Umkomaas

carlislelass wrote: »

Isnt that carpark just for Matalan shoppers? Sure theres a big sign

That's where the OP said they parked.

On 26 Nov 15, while shopping at Matalan-Leicester,

What point are you making in your post?

Guys_Dad

baks77 wrote: »

*


a) Your Notice to Keeper fails to comply with the strict requirements of POFA 2012 so there can be no keeper liability. Consequently you have forfeited any right to hold me, as keeper, liable for any charge. For example, sections 2(e) and 2(f) have been ignored completely. There are other non-compliances.
b) The sum is disproportionate and does not represent a genuine pre-estimate of loss.
c) It is a ‘free’ car park without ticketing. Your loss is nil. The sum is extravagant and unconscionable and cannot be justified.
d) There is no evidence that you have any interest in the land.
e) I believe that the signs were not seen/are ambiguous and the predominant purpose is to deter so there is no contract to pay this charge, which is a penalty.



B

It's all very well writing that, but you will need some meat on this very moth-eaten bone should this get to court

appeal points

(a) Just what are there deficiencies?
(b) Your circumstances are not too different from the Beavis case that centred on this point. He lost in all 3 courts.
(c) The supreme court disagrees about the sum being extravagant and unconscionable
(d) You have not asked for this evidence in your appeal.
(e) See Beavis Supreme Court transcript, No problem in having a notice to deter.

This appeal wording was the bees knees before Beavis, but you will need to do some work before you appeal to the next level

baks77

Guys Dad Thank you for your information.
I will do some work to get all the information on next level.
But till now I don't get any email or post from Smart Parking.
Why it takes so much time to give decision(popla code)?

Quentin

baks77 wrote: »

Why it takes so much time to give decision(popla code)?[/QUOTE


They are very busy people


They give out lots, and get lots of appeals.


You are not the only one

Coupon-mad

baks77 wrote: »

Guys Dad Thank you for your information.
I will do some work to get all the information on next level.
But till now I don't get any email or post from Smart Parking.
Why it takes so much time to give decision(popla code)?

So it looks like they've actully put some thought into it...but be aware if they haven't sent a letter with a POPLA code by the first week in January, email the BPA* to complain and DO NOT accept the BPA telling you to write to Smart again. You do not have to send a second letter but Smart do have form for (allegedly) pretending a rejection letter was posted; happened a few times in the Autumn.

Also what happened when you complained to the Matalan Store Manager in person, Matalan are great at cancelling these, almost as good as Morrisons usually, as you will have aleady found when you read the NEWBIES thread and clicked on the 'successful complaints' link.



* BPA email - aos@britishparking.co.uk - BUT DO NOT ACCEPT BEING TOLD TO CONTACT SMART AGAIN. The BPA are shocking at responding like that recently.

baks77

Thank you Coupon-Mad.

As per your suggestion, I had emailed to BPA, DVLA and customer service of Matalan Yesterday.
And today I got email from matalan customer service, saying they contacted SMART PARKING on my behalf, and they managed to cancel the ticket(PCN). Confirmation will be sent to me by post.

Thank you Everyone to guide me for this.

beamerguy

baks77 wrote: »

Thank you Coupon-Mad.

As per your suggestion, I had emailed to BPA, DVLA and customer service of Matalan Yesterday.
And today I got email from matalan customer service, saying they contacted SMART PARKING on my behalf, and they managed to cancel the ticket(PCN). Confirmation will be sent to me by post.

Thank you Everyone to guide me for this.

Well Done:T

For all new people joining this forum this is the way to go.
Of course you should always appeal to the PPC and if they are a member of the BPA and they decline your appeal, you can appeal to the new POPLA.

But the most powerful tool you have is your power over the retailer and as long as you have a receipt, write to the CEO requesting it is cancelled as you are a customer. The point is, do they want you or your friends to ever spend money with them again. ?

All retailers like Matalan and the supermarkets cannot afford to lose customers, business is not that brilliant for them. They will cancel the ticket and this is becoming more and more.

With regards to the cheapie supermarkets, Lidl have woken up to the parking scam but Aldi are yet to see the light.

To a degree, I feel sorry for the supermarkets because when they signed up with these parking companies, they had no idea of the HUGE scam that would follow. This also includes landowners who rent space to retailers