Smart Parking Charge - Exeter Quay (Matalan)

thomasallan2000

Hi, apologies if general advice has already been posted. I couldn't seem to find what I needed on Newbies thread - I may be wrong
Quick story. Wife admitted to Hospital, problems with pregnancy and our baby has since sadly passed away. At the time wife admitted to Hospital on 27 Dec I drove our daughter to see her and wife was let out for the day. We visited Matalan Smart Parking car park in Exeter Quay. ANPR recognised my car enter, recognised it took me about 8 mins to get ticket (as I had to go into the shop to get change and there was a queue) and then overstay by 4 minutes. Trying to cope with drama and tragic situation unfolding in our family I got the added kick in the face of a smart parking ticket through the post while my wife was in 'cots for tots' accommodation in Bristol while our newborn was in the neonatal.
Perhaps naively, made an impassioned appeal with a copy of the ticket I bought ( gave me 120 mins) and a brief outline of our personal circumstances. Predictably they have rejected basically saying I parked for 132 mins and paid for 120 mins, and that's that. I have POPLA code. I can't quite remember what I wrote in my appeal but it may well have given away me as the driver, as I wasn't familiar with all this before. Not sure I kept a copy of what I wrote.
I have until 23/02 to pay the reduced fee.
Can someone send me directly to the info I need or offer me a template of some sorts based on the information above. is it worth it? Or is it just pay the reduced £55 and move on?
Thanks in advance.

Redx

post #3 of that NEWBIES sticvy thread has what you need

clause #13 of the BPA CoP applies as regards arrival and park up time (unspecified) plus time to leave (over 10 minutes is specified , known as GRACE PERIODS , I am sure it probably took a reasonable 5 minutes to park up etc, and so less than the allowed over 10 minutes to leave (hint)

so that will be one major appeal point

also use the POFA2012 arguments if you can , despite not knowing if the driver details were revealed or not

also

NO LANDOWNER CONTRACT
POOR AND INADEQUATE SIGNAGE
NOT THE SAME AS BEAVIS

and anything else you can find

you wont find a template to fit, each appeal is bespoke

so adapt a nearly fit , anything posted in the last 12 months containing the arguments I listed above

Coupon-mad

I have until 23/02 to pay the reduced fee.

You won't be doing that.

Get your MP on board, now, this week. Absolutely awful scenario.

What happened when you complained to PALS about this atrocious harassment of a bereaved father who paid and displayed and did nothing wrong? The PCN and Smart's despicable conduct needs exposing to your MP and PALS.

thomasallan2000

Thanks for that Redx. Quick Q. though on the CoP BPA - when talking of 'grace periods' is it referring to 10 mins grace at the start of the presence in the location where parking usually permitted, as well as ten mins to leave also? Or ten mins in total? Sorry to be a dufus

thomasallan2000

And thanks for that showing of support Coupon-mad. I didn't realise PALs could help

Coupon-mad

thomasallan2000 wrote: »

Thanks for that Redx. Quick Q. though on the CoP BPA - when talking of 'grace periods' is it referring to 10 mins grace at the start of the presence in the location where parking usually permitted, as well as ten mins to leave also? Or ten mins in total? Sorry to be a dufus

It's both - you have to have time to arrive and park, and find the machine, read the signs and words on the machine and pay (to start the contract) as well as ten minutes to leave after paid for time.

Smart will pretend that's not true, if they contest it. That's why they are trying it on, hoping you will just pay even though they've breached the Grace periods requirement, and are being utterly unreasonable.

If you have plenty of time to use the POPLA code (lasts a month) complain to your MP and to PALS first, as Plan A, this week.

So sorry to hear about the loss of your unborn child; this Mum sends you & your family a hug. xx

Umkomaas

thomasallan2000 wrote: »

And thanks for that showing of support Coupon-mad. I didn't realise PALs could help

I don't think PALS will be able to provide help if this wasn't a hospital car park. As I u derstand it, the car park was a Matalan one, convenient to the hospital, but not a hospital provision per se?

thomasallan2000

Yes, Matalan car park overseen by Smart Parking.

Update: I have emailed to MP Ben Bradshaw for Exeter, although he must have a load of emails to get through so I will probably need to chase it up.

I have also read you can't bank on the grace period, as some private car park management don't have to abide by this aspect of the code of practice. It seems logical though that the code of practice to which they are signed up states this minimum ten minutes thing.

Have had a look at the newbies thread 3. The grace period aspect seems self-explanatory; guessing some of the other stuff is copy and paste job? Don't POPLA people get used to seeing the same stuff plastered onto appeals?

Thanks again

Quentin

No different to the ppcs churning out "the same stuff" (theres is stuff AND NONSENSE though!)


The ppcs monitor this forum and can use your posts against you


If you have inadvertently used your real name as your forum name you need to ask MSE to change it to something anonymous

The_Deep

Smart parking was named and shamed in the House of Commons by an MP recently, as was the scandal of these companies ripping people off in hospital car parks. The problem hopefully will be solved by Christmas. Watch the video here

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

Also, read this

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

help to put these scammers out of business, complain to your MP in the strongest possible terms that they are flauntilng the will of Parliament.

Fruitcake

thomasallan2000 wrote: »

Yes, Matalan car park overseen by Smart Parking.

Update: I have emailed to MP Ben Bradshaw for Exeter, although he must have a load of emails to get through so I will probably need to chase it up.

I have also read you can't bank on the grace period, as some private car park management don't have to abide by this aspect of the code of practice. It seems logical though that the code of practice to which they are signed up states this minimum ten minutes thing.

Have had a look at the newbies thread 3. The grace period aspect seems self-explanatory; guessing some of the other stuff is copy and paste job? Don't POPLA people get used to seeing the same stuff plastered onto appeals?

Thanks again

To get keeper data from the DVLA, the parking scammers have to be a member of an ATA, and *abide by their CoP*. In this case it's the BPA CoP.
*they don't, but the DVLA doesn't care as long as they get their money*

The BPA CoP has two grace periods, so you quote both from the CoP in your PoPLA appeal, then say the driver was inside that period. You can give an estimate of how long it took the driver to find a space (for an invalid), go and read the signs, then pay for the ticket and get back to the car.
Don't mention anything else that the driver may or may not have done.

Use all the other template appeal points available to you from the NEWBIES thread, but check and tweak them to suit your particular case.

Post your draft here before you submit it.

What happened when you complained to the retail manager?