Smart Parking - The Food Centre Milton Keynes

tillythetiger

Hi Everyone

I have read the NEWBIES section and believe I know what we need to do but really just wanted to double check before making a start on the process.

By way of background, we have had a Parking Charge Notice today addressed to the registered keeper stating that we overstayed at the The Food Centre multi storey car park in Milton Keynes. This is a car park that is free to park in for three hours at the weekend and is located at Central Milton Keynes shopping centre. The driver did park in the car park on the day in question and may well have overstayed the three hour limit - we cannot recall for sure. The driver doesn't remember staying more than three hours but according to Smart parking, they did overstay by approximately 30 minutes. The Reg Keeper has now received a Parking Charge Notice for £60 or £100 if not not paid within 14 days.

We therefore plan on sending a letter by recorded delivery to The Food Centre in MK (who we believe are the land owners) complaining and asking them to instruct Smart Parking to cancel the charge. Whether this will be successful or not remains to be seen. Whilst we have some receipts for shopping we carried out at central MK that day, these are not from 'The Food Centre' in particular (which is a small precinct of food shops) but rather are receipts for items of clothes etc bought at various department stores in the main MK shopping centre. We did do some food shopping in the Food Centre as well, but as these were groceries the receipts were not kept.

At the same time as writing to the land owner, we intend to complete the online appeal on Smart Parkings website using the blue precedent wording in the first post of the NEWBIES thread. Is this the correct one for our case? After reading the thread I believe that it is but if someone could kindly confirm, it would put my mind at rest! Also, in our case I don't believe that there is any merit in waiting to do this is there? Theoretically we can appeal online straight away, I think. Is that correct and wise?

I fully expect for our appeal to fail and to have to appeal to POPLA but that is for another day and so I will look at this in the NEWBIES thread in more detail when we get to that stage.

Are people able to confirm that I am going down the right road and that so far I am on track and correct in what I am doing?

Many thanks in advance and any help would be greatly appreciated.

Redx

the appeal window is 28 days so you may be best to try and get it cancelled by the landholder first (but do not reveal who was driving)

make sure your blue text appeal goes in around day 25 to not so smart, if it hasnt been cancelled by then (without revealing who was driving)

tillythetiger

Thanks, Redx.

Is the reason you have suggested waiting until about day 25 before officially appealing to smart parking simply to give the land owner the chance to cancel it?

Or is there a a tactical reason for doing this? I can see from Coupon-mad's post in the NEWBIE thread that there is a tactical reason to do this for windscreen tickets but mine was a ticket through the post from ANPR?

Having read a bit more I can see that a lot of POPLA appeals are rejected these days. Is there a strong possibility that mine will be rejected on the facts I have so far presented. Should I consider paying the discounted fee in your opinion, whilst it is available?

Thanks again for your help

Edna_Basher

So long as it clearly highlights how Smart do not comply with the Protection of Freedoms Act 2012, a POPLA appeal submitted by the vehicle's keeper will succeed.

If you use the blue template from the Newbies sticky for your initial appeal to Smart, there's even a decent chance that Smart will cancel at the first stage without you having to escalate to POPLA.

.....now stop toying with the idea of paying the "discounted" charge.

Redx

NEVER pay the discounted fee

it was a tactic that allowed for a landholder cancellation before any popla process was started

there is no rush so it was get a landholder cancellation , if that fails its appeal , then popla if they dont fold

only a fool would pay a PPC unless it was ordered by a judge in court

tillythetiger

Thanks, both. That has put my mind at rest!

Now I just have to try and locate the address and contact details for the landowner / management company for the car park so I know who to write to. Which I am struggling with at the moment by simply googling. I may drive back to the car park tomorrow as I assume that it will be set out on the signage at the car park somewhere? Or is that likely to just contain Smart Parking's contact details?

Coupon-mad

Errrm, they appear to have their own website...

http://www.thecentremk.com/

My second Google result (in a few seconds) was a newspaper article telling me this is part of thecentre:mk.

tillythetiger

Sorry, Coupon-mad. I was sure that 'The Food Centre' was separate from the main shopping centre (thecentre:MK) and so figured that the land-owner / management company wouldn't necessarily be the same.

However it appears you are right! Thanks

Stedeak

Hi Tillythetiger
I've received the same as you today

Were you successful with your appeal ?

Fruitcake

Stedeak wrote: »

Hi Tillythetiger
I've received the same as you today

Were you successful with your appeal ?

If the OP sent their appeal in on day 26, it is probably too early to know the result yet as the scammers have 35 days to respond after that which takes us past the end of this month to come.

Your best bet is to take the same advice as the OP and start your own thread if you need further help.

Coupon-mad

Stedeak wrote: »

Hi Tillythetiger
I've received the same as you today

Were you successful with your appeal?

At the time of writing this - because certain parking firms don't use POFA wording about keeper liability, or sending out PCNs within 14 days - everyone can beat Smart Parking at POPLA, as long as they appeal as the keeper, not saying who was driving.

As per the NEWBIES thread, nothing different needed. No link, my signature tells you where to click if you can't navigate this forum and find page one and the sticky threads - oh yes you can!