Food Centre Milton Keynes MK PARKING FINE

H2017

yes that was sent to both smart parking and centre mk. Awaiting reply from them.

H2017

Post edited...sorry!

EllsBells591

Hi there,

Does anyone know whether the signage kindly pictured by Guys Dad is still in place?

Cheers,
EB

Coupon-mad

Probably yes, if the photos were only taken in November. Allege in your POPLA appeal that these were the signs at the time and smart won't be able to disprove it. Embed the images into your POPLA appeal.

Originally Posted by cmb116
Staying for less than 3 hours is not actually one of the terms and conditions that applies to parking in the Food Centre MK car park, according to the sign in the car park that is headed "Terms and Conditions" (despite what other signs might say - the Terms and Conditions sign states that it contains all terms and conditions that apply and it does not mention a time limit - so that the other signs are misleading).

Any PCN which demands payment for staying longer than 3 hours is therefore invalid and not legally enforceable, as this is not one of the terms and conditions that you have "agreed to" when parking.

The easiest thing is just to send the blue template from the NEWBIES thread never saying who was driving - you then WIN at POPLA stage but make sure with those photos, without implying who was driving, of course, no accidental words about 'me myself, I'.

It is a cinch to win v Smart Parking.

You will not even need to start a new thread( spare us, not needed!) but please no replies here as this isn't your thread.

C0m1cal

I have received a PCN from Smart Parking based on ANPR timing exceeding signage by 13 minutes.

I have read the NEWBIES thread and in my case I suspect there is a stronger argument for appeal than the one presented in the template text. I would welcome feedback on this as it seems to me that the appeal is winnable on this basis rather than waiting to win at POPLA.

In my case the venue was Food Centre Milton Keynes. The published terms and conditions forming the contract appear flawed. There is no stipulated time within the contract. The car park operates on the basis of 3 hrs free parking with no return within 2 hours. There are no other payment /usage option but 3 hrs does not appear in the T&Cs.

Paraphrasing the T&Cs where it applies it states...
Smart parking ltd manage and operate the car park
Parking is subject to the terms and conditions in this notice which form the parking contract which you agree to by parking.
Parking time is calculated as the time of entry and time of exit from ANPR cameras.
You accept liability to pay PCN within 28 days if these terms are breached.
This parking contract shall form the entire agreement between parties.
By entering this car park you consent to photograph of the vehicle registration together with any other data provided by your or others via any means to check compliance with the parkign contract and assist enforcement.
Where a PCN is due it maybe affixed to the vehicle or sent to the registered keeper.
Personal data may be shared with our trade association appeals service or other organisations required to enforce payment.

Note I have complained in writing to the landowner on this basis and requested they instruct Smart parking to withdraw/cancel the PCN.

C0m1cal

Same sign is still exhibited 13/1/18

C0m1cal

I have read your post from which I understand that you dispensed with the "blue Txt" approach in favour of appealing on the basis of no breach of contract owing to T&Cs not including a time limit.
I am in the same position and inclined to make an appeal rather the bother of POPLA. Can you confirm whether your appeal included the blue text.

tykesi

C0m1cal wrote: »

I have read your post from which I understand that you dispensed with the "blue Txt" approach in favour of appealing on the basis of no breach of contract owing to T&Cs not including a time limit.
I am in the same position and inclined to make an appeal rather the bother of POPLA. Can you confirm whether your appeal included the blue text.

You need to start your own thread rather than hijacking this one. It's one thread per person/problem, this one is for the OP to get their own help.

Coupon-mad

C0m1cal wrote: »

I have read your post from which I understand that you dispensed with the "blue Txt" approach in favour of appealing on the basis of no breach of contract owing to T&Cs not including a time limit.
I am in the same position and inclined to make an appeal rather the bother of POPLA. Can you confirm whether your appeal included the blue text.

Doesn't matter what you submit as long as it's done online and comes from the keeper, not naming the driver.

The template is there to help people incapable of writing something themselves without shooting several toes off by talking about the driver, what happened, 'I didn't see the signs' and other daftness.

Plenty of people write their own version I'm sure, as long as they understand the game.

Guys_Dad

Why don't you simply copy the successful approach by the OP who stated that in post #4 that they got the charge cancelled and how they did it?

What more do you need???????

Oh, and start your own thread.