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Smart parking POPLA response

2

Comments

  • flopsy1973
    flopsy1973 Posts: 715 Forumite
    Part of the Furniture 500 Posts Name Dropper
    We have tried to get the agreement from the store regarding what they have in place to allow employees to park there but the store has not been very helpful there . They have provided a letter from store manager and clearly they do have policy in place as my daughter has not had a further PCN. We will try the head office tomorrow but what are the reasons I can put down on the reply to poplar
    Many thanks
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    look at the advice given in other threads like this one


    https://forums.moneysavingexpert.com/discussion/5841625/ecp-25mins-over-appeal-failed


    which also linked by me to this one


    https://forums.moneysavingexpert.com/discussion/5834175/euro-car-parks-popla-appeal&page=3


    you can see how short and to the point they are


    you must do the same
  • Umkomaas
    Umkomaas Posts: 43,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Try drafting your own response and someone from the forum will critique it. I'm afraid this isn't a 'give us your problem, we'll sort it out for you, sit back, relax and we'll be along shortly with your solution'.

    Sorry if there was any misunderstanding.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    flopsy1973 wrote: »
    what are the reasons I can put down on the reply to poplar
    I already told you the other day. Big clue, the paragraph starts: ''All you can do is...''
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • flopsy1973
    flopsy1973 Posts: 715 Forumite
    Part of the Furniture 500 Posts Name Dropper
    As you say there is not a lot i can say if i cannot bring up new points at this stage, below is what i planning to reply to POPLA


    The signage clearly states the rules regarding the parking is for customers only.

    The driver of the car was working a shift at a retail store which are normally 4-8 hrs long. She has given her details to the store which allows her to park in this car park as she has done since this incident with no further PCN from SMART parking


    The store manager has given a signed letter confirming the driver works at the retail store and has authority to park here


    SMART parking have shown no evidence they have the authority to overrule the leaseholder/tenant retail stores, within their contract and fine staff members who cannot possibly be assumed to be limited to 3 hrs parking as the shops are open 10 hrs a day
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    flopsy1973 wrote: »
    As you say there is not a lot i can say if i cannot bring up new points at this stage, below is what i planning to reply to POPLA


    The signage clearly states the rules regarding the parking is for customers only.

    The driver of the car was working a shift at a retail store which are normally 4-8 hrs long. She has given her details to the store which allows her to park in this car park as she has done since this incident with no further PCN from SMART parking


    The store manager has given a signed letter confirming the driver works at the retail store and has authority to park here


    SMART parking have shown no evidence they have the authority to overrule the leaseholder/tenant retail stores, within their contract and fine staff members who cannot possibly be assumed to be limited to 3 hrs parking as the shops are open 10 hrs a day

    What is needed is an unambiguous link between store employees and PPC. Does your manager's letter confirm that there is an agreed concession that allows their employees to park for over 3 hours? What you have written is that your manager confirms you are an employee with the firm's authority to park there. But nowhere have I seen that an adjudicator has been shown that a concessionary agreement is in place with PPC .
  • flopsy1973
    flopsy1973 Posts: 715 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Been trying to get this all day phoning head office and passed on to other people but nothing as yet . There must be agreement because she has not had another one
    Unfortunately I am fast running out of time the reply really needs to go in tonight so any more I can add to this ? I have the name of someone we believe is the agent mentioned on the managers letter stating we have his permission to park there, do I mention that ?
  • flopsy1973
    flopsy1973 Posts: 715 Forumite
    Part of the Furniture 500 Posts Name Dropper
    flopsy1973 wrote: »
    Been trying to get this all day phoning head office and passed on to other people but nothing as yet . There must be agreement because she has not had another one
    Unfortunately I am fast running out of time the reply really needs to go in tonight so any more I can add to this ? I have the name of someone we believe is the agent mentioned on the managers letter stating we have his permission to park there, do I mention that ?

    ANY MORE BEFORE I POST REPLY TO popla
    THANKS
  • flopsy1973
    flopsy1973 Posts: 715 Forumite
    Part of the Furniture 500 Posts Name Dropper
    The signage clearly states the rules regarding the parking is for customers only. The driver of the car is an employee at Home Bargains, not a customer. She was working a shift at a retail store which are normally 4-8 hrs long when this PCN was issued. She had given her registration number to the store which meant she was able to park in this car park. She has since continued to park in this car park with no further PCN from SMART parking. SMART parking claim that she has breached the terms and conditions by overstaying the set amount of time - the fact she had registered her vehicle to the company shows should mean that SMART parking should not have issued this PCN in the first place. If this is not the case, this would suggest that employees of Home Bargains working even a 4 hour shift are restricted to 3 hours of parking. Commerce cannot possibly continue on this basis.

    In previous evidence, she has attached a copy of her contract showing proof and even the same address of the car park. Nicole Richards, store manager, has given a signed letter confirming the driver works at the retail store and has authority to park here as per the request of Chris Fowler, registered keeper of Ystwyth Retail Park car park. SMART parking have shown no evidence they have the authority to overrule the leaseholder/tenant retail stores, within their contract and fine staff members who cannot possibly be assumed to be limited to 3 hours parking as the shops are open 10 hours a day.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ...the fact she had registered her vehicle to the company shows [STRIKE]should mean[/STRIKE] that SMART parking...
    Very slight correction.
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