Smart parking

pappa_golf

see next post

Big_Dave88

Hi, my car was picked up by an ANPR parking camera that's recently been introduced to a local shopping car park. 2 hr max stay limit. The ANPR photos say that the vehicle was 22 mins over the time limit, and the PCN is from a company called Smart Parking.

£60 fine, payable within 14 days. After that it goes up to £100, payable within 28 days.

The sign as you drive in is not clearly visible. The car had a passenger who has a blue badge and thus parked in one of the set aside disabled bays by the store entrance. Naturally assumed it entitled up to 3 hrs parking. Apparently not! An ANPR camera is just a dumb camera taking photos of cars entering and exiting the car park and logging the entry/exit time and isn't going to be able to distinguish who is disabled and who isn't.

A couple of days later, a closer look at the signage was carried out and in small print at the bottom of the sign in the car park says that disabled concessions do not apply. 2 hrs max for everyone.

There are no signs where the disable parking is indicating any restrictions.


The sign entering the car park doesn't give you time to read it whilst negotiating the LH turn into the car park and also avoiding vehicles leaving the car park. It is also quite high up and the only way of clearly reading it is coming to a complete stop and looking up through the windscreen. The wording on the sign said "see terms and conditions on signage throughout the car park" To me the word "throughout" means in every part of, or from beginning to end of.


This is clearly not the case as there are only 4 signs in the car park (2 pairs back to back) and are approx. 10 feet up the same poles that hold the lighting in the middle of the car park, certainly not "throughout" the car park. A person of limited mobility would find it difficult to read these signs as they are in amongst the parked cars in the middle of the car park. If say a person was in a wheel chair, I don't feel they would be able to read these signs at all.


The blue badge holder suffers from a condition called Atrial fibrillation (among other ailments). Providing they use a mobility walker, or something else to push (eg a shopping trolley), they are generally ok and don't get out of breath quite so much, but still need to take regular stops to get their breath back.


My question is, what would be the best way to appeal the PCN?


Should I tackle them about the equality Act 2010?
The BPA Code of Practice says:
16.5 If your landowner provides a concession that allows parking for disabled people, if a vehicle displays a valid Blue Badge you must not issue it with parking charge notices.
EDIT: BPA Code of Practice Clause 18.9 and 28.8 - So that disabled motorists can decide whether they want to use the site, there must be at least one sign containing the terms and conditions for parking that can be viewed without needing to leave the vehicle. Ideally this sign must be close to any parking bays set aside for disabled motorists.

Should I tackle them about the ambiguous signage?


Or both?


I've had a look around the forum, and I'm normally internet savvy, but I'm still struggling to find the information I need. I've looked at the NEWBIES thread, and although I've found the default template, but I'm still unsure how to word everything.


Your help would be very appreciated.

pappa_golf

the 17 mins is very close to what would be grace periods , the entry and exit times are not the times you parked

equality laws do come into this as well , but this is smart

please confirm england wales or scotland

Big_Dave88

Sorry it was actually 22 mins. Just looked at the time stamps on the photos. But as you quite rightly say, they are entry / exit times. The car park was very busy, being a Saturday afternoon, There was also a wait of several mins for a disabled bay to become vacant.


This was in England.

pappa_golf

use the template letter with addition of wording for equality laws and a copy of the blue badge , do not name the driver

get a POPLa code then you can fire off at POPLa

good chance they will pull out , press publisity will hurt them

Big_Dave88

Is this the correct template that starts:-


Dear Sir/Madam,

Re PCN number:

I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable and 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 are in small print and the onerous terms are not readable.


Do I need to include any photos of their signs, and in particular the disabled area where there are no signs? Should I also mention why the person has a blue badge? I was also told to include a shop receipt to prove why I was using the car park.


Thanks.

pappa_golf

who does the car park belong to , and is it worth kicking off withe the centres manager?

Fruitcake

Just use the template from the NEWBIES exactly as it is. No editing or additions. You save everything such as pictures for PoPLA.

You should edit your posts to remove information about who was driving. Only ever refer to The Driver, The Keeper, and An Occupant (the one covered by the EA 2010).

Also complain to the landowner/retail manager and your MP. Tell them this is what Peter Wishart, a Scottish MP said about Smart Parking, in parliament last Friday.

That car park is operated by the John Wayne of all the cowboys, the appalling and loathed Smart Parking, a company that blights communities throughout Scotland,

These are some of the comments made by other MPs concerning the unregulated parking industry.

Cowboy companies, signage deliberately confusing to ensure a PCN is issued, rogue parking companies, bloodsuckers, absolute disgrace, rogue operators, unfair charges and notices, wilfully misleading, signage is a deliberate act to deceive or mislead, unreasonable, designed to trap innocent drivers, a curse, harassing, operating in a disgusting way, appeals service is no guarantee of a fair hearing, loathed, outrageous scam, dodgy practice, outrageous abuse, unscrupulous practices, the BPA is as much use as a multi-storey car park in the Gobi desert.


Tell everyone this when you complain.

Big_Dave88

pappa_golf wrote: »

who does the car park belong to , and is it worth kicking off withe the centres manager?

klmretail.com/property/kings-park-wantage


I've spoken to the store manager, who said if my appeal is unsuccessful then to contact him again and he will see what he can do.

pappa_golf

perhaps you should take him a Photocopy of your NTK , and TELL him to get it cancelled , as publicity in local press could/would hurt them

if the shopping centre hired smart then THEY are responsible for there agents and will be equally responsible for the breach of equality laws

Big_Dave88

The shopping centre don't own the car park. They have no control over it unfortunately. Even relief staff at the store have been caught out.