Smart Parking Ltd Charge arrived today how can I appeal correctly

Karim786

Firstly wish to say Hello to all members and sorry for signing up new only to make a post but will try to be a valued member and committed as always gain the best information from here to help with many other matters.

Now on to the ticket:

the ticker arrived today from Smart Parking Ltd and was issued after my mum had parked on the 10th of this month at Hayes Matalan London i believe UB3..

The problem is my mother I am sure paid the ticket and parked but I believe she did not correctly enter her reg number as the keypad on these machines are really bad for the elderly and she has poor eyesight. Unfortunately she didnt keep any part of her ticket as I would do the same snd throw this away. I went into the store today on behalf of my mum to complain to the store manager who said she cannot do anything for me which got me more angry as I said the part of the ticket they take back for a refund should be with them to prove that my mum may have made a genuine mistake.

The other unfortunate part is that my mum did not use her card or membership card to pay for her items which has made it very difficult to have any items to present for a appeal.

I ask for you to please simply let me know If there is a way I can appeal or if there is nothing I can do but pay?

I tried to upload an image link but wasnt allowed

pappa_golf

read https://forums.moneysavingexpert.com/discussion/4816822 all is explained

pogofish

All you need to know and do is laid-out in the Newbies Sticky at the top of this forum.

It is important to read it carefully and understand it before making any kind of contact to keep the widest range of options open to you.

Karim786

Thank you for your replies all are appreciated.

Am i correct in saying I must appeal using this template:

Dear {name of IPC member - only IPC members for this version!!!}

Re PCN number:

I am the keeper of the vehicle and am aware of your purported 'parking charge'. The driver will not be identified. I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company?
2. Is your charge based on damages for breach of contract? Answer yes or no.
3. Please provide photos of the signs that you say were on site and which you contend formed a contract with the driver.
4. Please provide all photographs taken of this vehicle.
5. Please provide proof that the timing of any camera used was synchronised with all other cameras and/or systems & machines.

Do not send debt collector letters and do not add any costs which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle, whether you have already obtained it or not. I deny liability for any sum at all and you should consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days.

Yours faithfully,


Thanks

pappa_golf

by first class post with proof of posting from the PO

TW1234

Smart parking are BPA members. (according to their website), Check what the PCN says.. If so, it is the BPA members template that is required, not the one you have started to use.
The template is the second one, although the thread jumps backwards and forwards rather confusingly. Read it all and take it in. Start to understand the subtleties. There is 28 days from receipt of notice to keeper to get it back, so no desperate rush, and meanwhile also complain bitterly to Matalan shop and head office (& on social media) with request for cancellation.
Come back if Smart reject your appeal (as they will! ) when you get a POPLA appeal number allocated.

And for what it is worth, Smart have not chased anything to court, so presumably rely on enough folk just voluntarily sending them their cash demands in response to the junk from a debt collector.

Karim786

Thanks for that.

I will be emailing them this filled in.

Date


Dear Sirs

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

I challenge this 'PCN' as keeper of the car.

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.

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.

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.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle, whether you have already obtained it or not.

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

Yours faithfully,




** In regards to Matalan whom do I need to complain to through their contact us website link or somewhere else?

TW1234

Ok.
Incidentally does their NTK indicate of which organisation (IPC or BPA)they are members?

Try Matalan's customer service dept and their CEO (Google) and the local manager. (Preferably on a Saturday accompanied with any of the neighbours young kids that you can borrow)

Karim786

Hi It doesnt say on the actual document they have sent me. But via google search its comes up as BPA.

We usually always pay even knowingly not at fault but now its getting annoying with how many ways they are trying to make money.

This would be my first ever attempt at a appeal for a ticket and want to go about it right.

Umkomaas

Smart are most certainly BPA members, so the template you are using is correct.

While we don't recommend any additions to the template (as many newbies are more than capable of blowing off their toes as soon as they start typing in 'extras'), I like your additional paragraph, which should cause them to stop and think carefully about pursuing this further.

Are you aware of the case reported by Parking Prankster, where Smart settled out of court for £250 to avoid a DPA challenge in front of a judge?

http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html

And here's another similar case (but not Smart):

http://parking-prankster.blogspot.co.uk/2016/12/liverpool-business-park-motorist-wins.html

Keep us posted.

Karim786

Hi do you mean the paragraph about contacting matalan?

Also will definitely keep you posted about this and appreciate your kindness with reply and help