Parking ticket

Annoyedandupset

Hello there - I am new to this site and have read your Newbies thread but I am still unsure as the car I was in was not a hire car but a demonstration car. I had a Nissan Demo car as I know one of the Sales Reps. on a sunday afternoon we got completely lost in West Bromwich due to road diversions, we had four stressed out children in the back, one feeling sick one wanted the toilet all hyper ventilating as we were lost. We pulled into a car park to sort them out and find a new route home. When entering the car par after 4.30 on a Sunday it did not occur to me that it was chargeable. We stayed 32 mins. Today I have been forwarded a Parking Charge Notice from Nissan asking if I can sort it out. It has taken 19 days to get to me from Nissan. I spoke to the Retail Park Management team and explained, one of the administrators advised that they should be able to cancel the fine for £20 charge, I gave them my mobile so she could check with her Manager. I am now getting telephone calls from Smart Parking demanding that I pay up and I have lost my time to appeal. They only have my name and mobile, they do not know who was driving the car. They have given me 2 days to pay the £60 which they have reduced out of goodwill. Do I have any rights or should I just pay it. I feel under pressure and do not know what to do. Can anyone advise me or shall I just pay up tomorrow.

Redx

if you have a pcn number , use the blue text appeal and appeal as KEEPER/HIRER/LESSEE to not so smart , not telling them who was driving

Nissan should have named the hirer (you) and then smart should have sent you an NTK in the post

Annoyedandupset

No I have not been named by Nissan and I have received nothing through the post. The car is booked out to one of their reps who then has lent it to me. No paperwork signed. The rep said that Nissan would normally pay the fine and then take out of salary. I have told him that I am considering appeal. Not sure how to proceed. Smart Parking only have my mobile, nothing has been issued in my name, I am worried about submitting my details on their online website. If I am unlikely to get it cancelled should I just pay up?

Redx

tell NISSAN to name the hirer on the day in question (you) and give your name and full postal address

POFA2012 is a law that is 5 years old so they have no excuse for not knowing about it and for not following it

IGNORANCE of the laws of the land is no legal defence , no excuse either

then smart can send you the correct paperwork and you can appeal it using the blue text appeal in the newbies sticky thread

logician

Annoyedandupset wrote: »

No I have not been named by Nissan and I have received nothing through the post. The car is booked out to one of their reps who then has lent it to me. No paperwork signed. The rep said that Nissan would normally pay the fine and then take out of salary. I have told him that I am considering appeal. Not sure how to proceed. Smart Parking only have my mobile, nothing has been issued in my name, I am worried about submitting my details on their online website. If I am unlikely to get it cancelled should I just pay up?

Annoyedandupset wrote: »

Today I have been forwarded a Parking Charge Notice from Nissan asking if I can sort it out. It has taken 19 days to get to me from Nissan.

.

So you have the copy PCN - Nissan have not fully discharged their liability unless they have contacted Smart regarding this and provided your details naming you as the hire/lessee or driver.

it looks like they have passed on some details if Smart have now got your phone number ( make a complaint to Nissan) regarding this as that is information which is not needed to discharge liability.

You should contact Nissan again and point them to their obligations to discharge liability. Point out that you have no current obligation for the charge and wish to invoke a complaints procedure against them. or

It could be that Smart will send you out the PCN in any case - however you can pre-empt this by appealing on their website you have been forwarded the charge from Nissan and you are the keeper/hirer for the alleged event but I would make the complaints to Nissan and wait for a PCN in own details

Redx

if NISSAN have passed on your phone number and name to SMART they may have breached the DPA in doing so , especially if it was not by consent

NISSAN should have followed the law and provided "hirer" details to SMART

this would be a name and an address for service of papers

this is what you should receive , then you appeal that paperwork which is in your name with your address, at the moment they have failed to do this and smart have no right in ringing you up and harassing you

Annoyedandupset

It was the Retail Park Management team that gave Smart Parking my telephone number as I initially rang them to explain what had happened, they said they may be able to cancel the charge and I gave my telephone number to them

Annoyedandupset

Smart have said if I go to appeal it will automatically go up to £100 as I am out of time

System

It was the Retail Park Management team

Letter before Claim to the RPM at about £250 for misuse of personal details.

Inform Smart they have no lawful reason to have these personal details and if they persist in using them, they can expect a claim too.

[Deleted User]

It sounds as though smart have never formally issued you with a ticket at all. They are making unsolicited phone calls.

Your mate the rep needs to try and complete the original paperwork to name you as driver, which should then trigger the formal written notice to you. It may be that there is a reluctance to do that if rules were "bent" to allow you to take out the car, however.

You can't be out of time if you received no paperwork. The fee cannot go up if you're not out of time (or terms do not permit that).