Smart parking - PCN

OzzieAK

Hello,

This is my first time on the Forum. I've spent considerable time trying to work out how it all works and doing additional research with similar forums. I'm still unsure how best to proceed. Forgive me please if I've already messed up but I'd be very grateful for some advice.

I received a Parking Charge Notice dated 07/09/17 for a contravention dated 02/09/17 via the post and issued by Smart Parking. They have provided photos of my car's reg plates at entrance and exit to/from a car park that cannot be identified. There is some type with details in the top left corner of the photos but it's so tiny, it's actually illegible (even when wearing reading glasses). I'm unable to tell if this information provides any clue to the exact location of the "car park". I suspect at best, it's a postcode which I can't read anyway.

The only detail they have provided for location is "car park" at "EFFRA ROAD, BRIXTON".
Effra Road is of considerable length running between Brixton and Tulse Hill in London and I'm guessing there are any number of car parks along it.
Although I know where the car was parked (a retail car park providing free parking for 90 minutes), as registered keeper, I will not be sharing driver details with Smart Parking.

As they have not provided an exact location or car park name, I am (technically) unable to contact the landowner to try and have the ticket/invoice cancelled. If I contacted Currys/PC World, it would confirm that I know where the contravention took place and that I also know who the driver was.

The car was left in the car park for 12 minutes over the 90 minute period. Taking into consideration a 10 minute grace period, by my calculation, that is an overstay of 2 minutes. To pay £70 for two minutes parking is an outrageous suggestion and I will not be paying.

Smart Parking offered a discount for payment within 14 days but £40 is still substantially more than I am willing to pay for two minutes parking. In addition, they've threatened an additional £10 admin charge if the full amount is not paid within 28 days. So, if I don't do that either, a grand total of £80. Insane.
Needless to say, they've also threatened the possibility of civil legal action and expenses should I fail to respond to the notice.

I've read various threads (?) all generally of the opinion, Smart Parking should not be paid. Some forums suggest ignorning them completely. Would that be wise?
Given the location details are not in any way clear, I wonder if this help my particular case and if so, what should I do next?

Furthermore, the tone of the notice is really quite aggressive which I find offensive and unsettling.

Most grateful for any help. Thank you.

Ozzie AK

KeithP

OzzieAK wrote: »

The car was left in the car park for 12 minutes over the 90 minute period. Taking into consideration a 10 minute grace period, by my calculation, that is an overstay of 2 minutes. To pay £70 for two minutes parking is an outrageous suggestion and I will not be paying.

There are two grace periods, one when arriving and one when leaving.

When arriving, it surely took you several minutes to find a sign, read it and decide whether to agree to the parking terms or not.

I would suggest that no overstay took place.

Anyway, that's for later.

For now, just send the appropriate appeal text from the NEWBIES thread.
[hint: it's the blue one in post#1]

OzzieAK

Thank you Keith for the prompt reply. Apologies if I my questions appear obvious to you. I think I've located the correct NEWBIES thread. Could you confirm this is correct and do I need add anything of the details to it? Or simply keep it short and sweet for now?

Many thanks,
OzzieAK.


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.

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, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

KeithP

Just send it as it is.
Your appeal will most likely be rejected, but the whole idea is to get a POPLA code.

beamerguy

OzzieAK

Your case is simple, they have NOT allowed the grace periods
as per the BPA code of practice

Smart tend to ignore this and depends on the motorist to
be ignorant of such codes

The Beavis case has nothing to do with you, so why mention
it ? Again the signs could play a part later but your case
is based on the grace period which Smart has ignored in
contravention of the BPA code of practice

Ignoring the grace period is no defence by Smart

You trip them up on their bad behaviour and then see
how they respond

Coupon-mad

Everyone wins here v Smart Parking by not saying who was driving; it is very, very, easy!

Then you can send a complaint to your MP when it is all over (please).

Make sure you tell your MP about the new Bill. This is a copy of a post by Bargepole:

"Some action at last:

http://services.parliament.uk/bills/2017-19/parkingcodeofpractice.html

This Private Member's Bill has Government and cross-party support, and stands a good chance of making it into statute.

The full text of the clauses will be published nearer the date of the second reading, but my sources tell me it's something we should support.

Now would be a good time to write to your MP urging them to support it."

Some MPs know the score but we need all of them to know about this cowboy industry:

https://hansard.parliament.uk/commons/2017-03-21/debates/382789C8-0168-4C4B-8260-0540AF83C7D3/DVLAAndPrivateCarParkingCompanies

OzzieAK

KeithP wrote: »

Just send it as it is.
Your appeal will most likely be rejected, but the whole idea is to get a POPLA code.

Thanks again Keith. Will do and wait to see what happens next!

OzzieAK.

rdty21

I've just had a PCN cancelled by Smart parking by using a template from the Newbies section. All I did was add in the fact that no grace period was allowed for on entry or exit. It also helped me that they sent the NTK too late which I also mentioned.

The advice I was given on here worked a treat.
https://forums.moneysavingexpert.com/discussion/5702791