Smart Parking PCN Predatory Behaviour

MoneySavingAnon

Hi

1. I've received a postal PCN from Smart Parking and have submitted the appeal template as per the NEWBIES thread - thank you to Coupon-mad and all others who have contributed!

2. Their PCN seems totally non-compliant with Schedule 4 of PoFA - are they relying on something other than the provisions of that schedule of that Act, or are they really just trying it on without even making the most token effort to comply?

3. I thought you might like to hear how their scam operated on the day in question...

At a car park I know well, but hadn't visited for a while, the pre-existing pay-and-display machines were wrapped up (but still there), so it was assumed by the driver that they were out of order. It was only once the driver had gone down several flights of stairs that they saw new machines, on the ground floor. So it seemed to them that they were being asked to buy a pay-and-display ticket and walk all the way back up to the top floor to put it in the car window. This seemed ridiculous and excessive, so the driver quickly got on with their business instead.

Anyway, turns out there's some sort of other system in place, and the first anyone knew about it was when the PCN with photos of my vehicle entering and exiting the site arrived in the post. I was gobsmacked.

If they want to change the system, that's fine, but surely do it in a way that makes it obvious to regular users what has happened, rather than just tape up the old machines to give an impression of "out of order-ness" and then place new machines on the ground floor. I felt like I'd been tricked. Predatory is the word that comes to mind.


And I'm very glad to have found your resource to get me out of their clutches.

Thanks again.

MSA

Coupon-mad

Their PCN seems totally non-compliant with Schedule 4 of PoFA - are they relying on something other than the provisions of that schedule of that Act, or are they really just trying it on without even making the most token effort to comply?

They are one of a few PPCs who simply don't choose to use the provisions in the Act, which would require them to get NTks out within 14 days every time, and maybe that's not within their capacity. Any why should they, they don;t case, because most appellants cluelessly blab about who was driving, in the first appeal!

So they don't need the POFA once they know the driver. And they are allowed to issue a non-POFA PCN, the DVLA says that's OK as long as they don't claim the keeper is 'liable' (and they don't).

That's why you will win.

Any change in restrictions requires extra signs, as set out in the BPA Code of Practice, to alert people familiar with the old rules, to the new regime. Sounds like Smart have failed to do that and sounds like the usual racket!

But you will win, Smart take a month to reply but will fold.