PCN-Smart Parking Ltd -Letter never received

matherine · 10 May 2018 at 11:53AM

Thanks Umkomass - actually when I phoned the store the managerESS was there and she was incredibly helpful and has emailed Smart Parking on my behalf, she does it all the time apparently. I didn't dare ask with what success rate, I'll have to wait and see. Just so relieved that she didn't try to palm me off by saying they don't operate the car park which would have meant a lifetime boycott of all M&Ss!
If this doesn't work then I will definitely use that email address though.

matherine · 10 May 2018 at 4:16PM

OK Coupon-mad, I did the search like you suggested in the other thread, (which I will perhaps never go on again) and after sifting through them - the searches threw up mainly the same ones - I got 14 separate cases and emailed Steve Clark with all the links to get his thoughts. I can't post the links on here as I am a newbie poster. I'll let you know what he says, if anything. Now I've just got to wait and see if the lovely M&S manager has had any influence and if I will be forever searching for somewhere else to buy underwear.

Redx · 10 May 2018 at 4:22PM

well done for sticking with it

as a new user you could change each link from http to hxxp in notepad , then copy the lot into your reply , we can then fix them into live links

emailing Steve Clarke may well help him to see the common pattern and do something about it so well done for locating them. We have a great deal of respect for him, but few others at the BPA and none at the IPC

and the old LONDON COUNCILS POPLA was a lot better than the ONBUDSMAN SERVICE too

matherine · 10 May 2018 at 4:53PM

hxxps://forums.moneysavingexpert.com/showthread.php?t=5837189&highlight=smart+drp
hxxps://forums.moneysavingexpert.com/showthread.php?t=5667406&highlight=smart+drp
hxxps://forums.moneysavingexpert.com/showthread.php?t=5755105&highlight=smart+drp
hxxps://forums.moneysavingexpert.com/showthread.php?t=5728433&highlight=smart+drp
hxxps://forums.moneysavingexpert.com/showthread.php?t=5699543&highlight=smart+drp
hxxps://forums.moneysavingexpert.com/showthread.php?t=5662005&highlight=smart+drp
hxxps://forums.moneysavingexpert.com/showthread.php?t=5631751&highlight=smart+drp
hxxps://forums.moneysavingexpert.com/showthread.php?t=5618005&highlight=smart+drp
hxxps://forums.moneysavingexpert.com/showthread.php?t=5632888&highlight=smart+drp
hxxps://forums.moneysavingexpert.com/showthread.php?t=5613640&highlight=smart+drp
hxxps://forums.moneysavingexpert.com/showthread.php?t=5576621&highlight=smart+drp
hxxps://forums.moneysavingexpert.com/showthread.php?t=5583340&highlight=smart+drp
hxxps://forums.moneysavingexpert.com/showthread.php?t=5823468&highlight=smart+debt+collection
hxxps://forums.moneysavingexpert.com/showthread.php?t=5628052&highlight=smart+debt+collection

Have not included any where I could see straight away that the person had not updated their details with the DVLA so letter might have been sent, these should all be ones where Smart have almost certainly just not bothered.

matherine · 10 May 2018 at 4:59PM

That was an extremely fast reply, by any standards:

Thanks for your note.
I am happy to have a look into this case for you but to do so, I would need either your PCN number or your VRM or both please - I can then contact Smart Parking and require sight of specific documents from them as part of any investigation.
I have had a look at the cases provided and while I don’t dispute what is being said, there is not enough evidence yet for me to be convinced that this is a systemic problem at Smart Parking. Even if those motorists involved had written to us previously, some of the cases are quite old and we will no longer have the details - we don’t hold data for longer than we need it for. It would be helpful if one of the more fair-minded MSE posters like Coupon Mad or Umkommas were able to either;
· Make direct contact with me with a list of PCN references/VRMs for these cases or
· Encourage other motorists faced with the same problem as you in the future to send me the details so that I can establish a dossier
I am sure that you will be sharing my response with MSE.
Kind regards
Steve Clark

Redx · 10 May 2018 at 5:02PM

Umkomaas · 10 May 2018 at 7:07PM

It would be helpful if one of the more fair-minded MSE posters like Coupon Mad or Umkommas were able to either;
· Make direct contact with me with a list of PCN references/VRMs for these cases
· Encourage other motorists faced with the same problem as you in the future to send me the details so that I can establish a dossier

Thank you for the recognition from you Mr Clark. As an aside, as my user name is of South African origin, try Umkomaas, not Umkommas, so as not to annoy the locals!

We hold neither PCN references nor VRMs on the forum, in fact we actively discourage the publication of any identifying detail here.

However, your second suggestion is one that we can, and will, run with.

Thanks for your helpful input - as usual.

Silversurreal · 10 May 2018 at 9:47PM

The store I purchased from is no longer there, so the business park has no traders atm. Can't find details of who owns the land anywhere. Gateway 11 Wymondham

I got a DRP letter for £160 too, Smart have been informed by me that they NEVER wrote to me originally, now they've now "kindly" gave me a 2nd one and offered a "discount" I have exceeded the 2nd grace period now as advised I should apply to POPLA. This happened almost 5 months ago but no one informed me until April when DRP wrote

Is this the basic POPLA TEMPLATE I should use just changing my personal details but using these points? it's all so very complicated!

Julia

Dear Sir/Madam,

Re PCN number:

I appeal and dispute your purported 'parking charge', as the keeper of the vehicle. I deny liability and consider the PCN an absolute disgrace and pure intimidation.

There will be no admissions as to who was driving and no assumptions can be drawn, nor was there any agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.

Should you fail to cancel this PCN, I require the following information with your rejection letter:

1. Please provide dated photos of the signs on site, which you contend formed a contract.
2. Please provide all images taken of this vehicle on that day, at the material location.

I will use POPLA (if offered) not the 'IAS' which has been exposed in Parliament as compromised by a conflict of interests with the IPC. The BPA were also heavily criticised and both appeals systems were condemned - hardly surprising for an industry where so-called AOS members admitted in recent years to letting victims 'futilely go through the motions' of appeal and saying on camera 'we make it up sometimes' (BBC Watchdog). Firms of your ilk were unanimously criticised in 2018 as operating an 'outrageous scam' (Hansard 2.2.18).

I have kept proof of submission of this appeal and will also be making a formal complaint about your predatory and aggressive conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.

Yours faithfully,

THE NAME AND POSTAL ADDRESS OF THE KEEPER (OR THE HIRER/LESSEE) GOES HERE. THE DRIVER IS NOT IDENTIFIED.

DO NOT PUT YOUR NAME HERE INSTEAD, IF YOU ARE NOT THE KEEPER/HIRER/LESSEE. YOU ARE NOT HELPING IF YOU DO THIS WRONG BY APPEALING IN THE WRONG NAME!

NO NEED TO USE YOUR REAL SIGNATURE - BUT DON'T POST IT BY ROYAL MAIL UNLESS YOU HAVE NO OTHER OPTION ON THE PCN. CERTAINLY NOT BY RECORDED DELIVERY - FORGET THAT! - ALWAYS USE THE ONLINE APPEAL PAGE - OR EMAIL IF OFFERED AS AN OPTION ON THE NOTICE - BECAUSE THE APPEAL CANNOT GET LOST AND YOU CAN KEEP PROOF/ A SCREENSHOT

You can (carefully!) add a little to the template above, 'in order to resolve the dispute I attach copies of...':

- the driver's receipts/bank transactions (or Hospital Appointment/Hotel booking, etc.) that day as 'they' were a genuine customer/patient, etc.

- If an occupant of the car is disabled or elderly/infirm, then the keeper can add that, without implying who was driving. A copy of the Blue Badge (BB) is a good idea to upload/attach, but a person with a long-term debilitating condition (not a broken arm!) can be disabled without a BB, and will be legally entitled to a 'reasonable adjustment'. That can and should include an extension of time, over and above free or paid-for parking time.

KeithP · 10 May 2018 at 10:09PM

Silversurreal, please stop posting on all the threads you can find about SMART.

Please go back to your own thread and progress your issues there.

Thanks.

Coupon-mad · 10 May 2018 at 10:17PM

Encourage other motorists faced with the same problem as you in the future to send me the details so that I can establish a dossier.

OK we will do that from now on, thank you to Steve Clark for taking this seriously, and well done to the OP for collating those 14 cases. I wish I had started to collect them when we first noticed a pattern before Christmas.

I think we can create a dossier of this systemic problem over the Summer, easily.

Is this the basic POPLA TEMPLATE

Nonono. Absolutely NOT, if you have a POPLA code. You need to read the 3rd post of the NEWBIES thread instead.

Copy any other recent Smart POPLA appeal which has the points about:

no keeper liability
appellant not being shown to be the individual liable
dodgy signs
no landowner authority

Obviously you do not imply who was driving, glad to see you can't recall.

PCN-Smart Parking Ltd -Letter never received

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