I Have Received Many PCNs from Smart Parking

Donaldtrump

In December I received 6 pcns, for ‘overstaying free time’ in a car park, from ‘smart parking ltd’. They had signage but I had parked their for months previous, but I only released they had started sending out pcns when the first one arrived, which meant I had more coming In the post. I passed on the pcns to the manager of the gym at the site and was told the pcns were cancelled. After receiving letters from drp/zenith I checked with smart parking and the pcns are still active.

To make things worse, I have received another 4 pcns yesterday (over 4 months later) and I’m likely to receive another 10, as I park on this site everyday. They have a machine In the gym that allows you to enter your vehicle reg and park there all day and I have been using it for about 5 months, now all of a sudden I have started to receive pcns. Again, I have received so many pcns as I only found out something has changed when the pcns start coming through the post.

To top it off, on my very first appeal, I told smart parking, that I was driving the car, where work on the site and what hours I work. So for all of the pcns they can argue in court who was driving. I got back in contact with the gym and they told me that; ‘smart parking aren’t letting them cancel tickets anymore, and gym members should appeal the pcns on their website’.

A bit of background info; ‘There is a large business close to the site and many employees park in this retail park car park, and have subsequently received a few pcns’. But I believe as I was one of the only ones stupid enough to appeal saying who was driving, I would be a nice target for smart parking.

Is there anyway I can get out of this predicament without having to fork out a few thousand pounds?

Any help is much appreciated.

Umkomaas

Short of pressing the gym hard (have you threatened to cancel your contract with them?), you just have to wait and see if Smart make a more serious move and file court proceedings, using their lawyers, SCS.

Any tickets/Notices to Keeper that you have which are dated more recently than 28 days can be appealed (each one separately) by using the initial appeal template in the NEWBIES FAQ sticky, post #1. Same applies to any new ones that turn up. Don't be inactive on any of these.

The_Deep

Is there anyway I can get out of this predicament without having to fork out a few thousand pounds?

You can try, but it seems to me that you would have difficulty in invoking POFA. You would therefore have to argue signage and documents, and examine the contract between the PPC and the landowner, which is unlikely to be the gym. Get your MP on side.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

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

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Smart are not the sharpest knife in the box and, AFAIAA< not litigious, can you post a picture of the signs?

Donaldtrump

I have paid for the years gym membership upfront, so I am unlikely to be able to make much of a threat.
If the gym appeals the pcns for me are smart parking able dismiss their appeal? Or will they be forced to cancel the tickets?

Umkomaas

If the gym appeals the pcns for me are smart parking able dismiss their appeal? Or will they be forced to cancel the tickets?

Much depends on whether the gym contracted Smart. If they did there's possibly a clause in the contract providing the gym the facility to cancel a ticket - but with around 20 of them, it's highly unlikely the contract would provide for that number.

You're going to have to appeal those that are within 28 days of issue (and those to come) and those prior to 28 days go back to the gym and see what they can do.

But even if their contract allows cancellation, there are numerous cases with various PPCs where the cancellation has been refused by the PPC. Nothing is cast in stone on this.

The_Deep

As I said, the gym are unlikely to own the land, they may therefore have little leverage. Smart parking are very unlikely to fold, they want your money. Try to get your MP involved.

Coupon-mad

To top it off, on my very first appeal, I told smart parking, that I was driving the car, where work on the site and what hours I work. So for all of the pcns they can argue in court who was driving.

NO they can't, not based on that response to that PCN. And certainly not at POPLA stage.

AND they are unlikely to do such joined up thinking...

I got back in contact with the gym and they told me that; 'smart parking aren't letting them cancel tickets anymore, and gym members should appeal the pcns on their website'.

Do that NOW, today, for ALL the unappealed ones even if past 28 days.

Be the registered keeper this time and use the forum template. Not-so-Smart will not do the joined up thinking you think they will, and they will lose at POPLA.

BTW as the Gym are saying to gym users, weakly, that the tail is now wagging the dog (as if that's OK for a contractor to tell their principal what to do, even when it causes huge issues for their patrons! as if that's OK?!) ask the Gym Manager when they are going to get that tail docked.

Seriously. As the contractor has gone rogue, and is refusing to cancel unfair PCN, precisely WHEN are the Gym going to end the contract? Tell them that Asda and Matalan both ended their national contracts with Smart Parking in recent months, due to all the complaints:

http://www.southwestbusiness.co.uk/sectors/retail-and-tourism/smart-parking-move-for-matalan-to-appease-aggrieved-customers-03042017163022/

http://clients3.weblink.com.au/pdf/SPZ/01723146.pdf

Really push the Gym about this and warn them about the entire industry* (don't let them get a worse firm in, certainly not an IPC firm as they offer no appeal even worth trying).

*https://forums.moneysavingexpert.com/discussion/5787731/parking-code-of-practice-bill-passed-by-mps

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

Umkomaas

We do get a really disproportionate number of cases involving gyms across the country. Possibly a PPC strategy to target gyms - could they offer up more potential victims than many other sites.