Please help! PCN Smart Parking for parking in a restricted area.

Mou16

Hi,

Apologies if this question has already covered elsewhere on the forum but i couldnt find a similar issue.
On 4th July i parked on Birchwood shopping centre Warrington (a private car park) and had no idea until this date that the carpark was controlled by Smart Parking. On this occasion i parked in a standard sized space on the end of a row that has half eroded yellow crosses. There is no sign to indicate a restricted area and no signs as you enter the car park in a vehicle to indicate you cannot park there. The space is pretty much in the middle of the car park with traffic flowing next to it in both directions. Parking in the space does not cause an obstruction nor does it impede other drivers. I was only parked in the space for half an hour and when i returned a parking attendant was stood next to my car. I got in my car as i had no idea parking attendants operated on there. The parking attendant then issued me with a Smart parking PCN. I asked what for and he told me it was a restricted area but couldnt say why. After the event i spoke to a manager of the shopping centre by phone and explained what had happened and why i wasnt paying it. Initially she told me the space was for maintenance as there is a floodight right next to the space but the floodlight is in there is also a parking space next to the yellow crossed area. She then told me it was due to there being a give way behind the end space and cars cant see to the left if someone is parked there? In any case you give way to the right and there are several other give ways on the car park but none of the end spaces have hatch parking spaces? The nearly 2 week conversations have resulted in the manager saying she cannot see any reason on behalf of the shopping centre or myself to have the PCN recinded. So now im left with the options of appeal to Smart Parking or ignore it! Any help quoting legislation or similar instances would be much appreciated. I have seen lots of other cars parked in this space previously. The car park is not ANPR operated on the entrances/exits. Thanks

Coupon-mad

You can just send the appeal shown in the NEWBIES FAQs thread for BPA members, it really is just a stepping stone to POPLA at this stage and the important thing is NEVER to tell a private parking company (PPC) who was driving.

So read the NEWBIES FAQs thread at the top of the forum and submit an online appeal to Smart, from the registered keeper (NOT DRIVER).

Mou16

Ok cheers i will do-is it likely that they will reject the appeal? Where do i stand in terms of their evidence showing i was parked in a restricted area?

Coupon-mad

Yes they will reject. But this is potentially won at POPLA stage as long as the driver is not identified, so no adding anything about being parked in a restricted area, it's not relevant!

The keeper wins on appeal because Smart do not use the POFA to hold a keeper liable. Nothing to do with who parked where. But you will need to show us your POPLA appeal and have vital points about 'no keeper liability' and 'the individual who parked the car is the only person potentially liable and Smart have not evidence who that person was. As a registered keeper appellant, there is no presumption* in law...etc.'


* you will find relevant POPLA appeals next month by searching 'presumption POPLA' as keywords. Don't need it yet, but you will next month.

Mou16

I take it this is the one i send to smart parking them? I csmt find whether or not Smart parking are a BPA member?

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Redx

Smart are BPA members and so the blue text appeal is correct

the BPA AoS website tells you this, plus the fact people expected it to go to POPLA tells you this too, as the IPC do not use popla

Mou16

Apologies to resurrect this thread but i submitted the appeal to smart parking on 2nd Aug using their online appeal system but have not heard anything back by email or letter? Do they have a certain amount of time to reply?

Fruitcake

I believe they are supposed to reply within 35 days.
Some companies never send anything but claim that they have done so. When challenged they come up with a copy of a pdf they claimed to have sent/emailed.

Have you checked your spam/junk folder?

If you have had nothing, I suspect the next thing you will get is debt crawler letters saying you haven't responded.

I suggest you wait to see what happens before complaining to the BPA.

Mou16

Thanks for the quick reply Fruitcake, yes checked spam/junk folder and havent recieved anything. Surely if they were to claim they had sent some form of reply, they would have to prove the said communication was sent?
I'll sit tight, what are the chances of them just forgetting it?! What do the debt company letters usually entail?