smart parking charge notice

sai1601

Hi guys, I had received a postal PCN from smart parking in jan due to an overstay and need help with the appeals process. I have searched the forums section and read the newbie post however am not sure if i should copy the blue text into my appeal form, which is all online and require my personal details (name and add). I have read not to declare the details of the driver when appealing, i am assuming they cannot prove the person appealing is the actual driver of the vehicle?
I was furniture shopping on a retail park and spent 2k on furniture on the day i was fined, being a genuine customer i have contacted the retailers who cannot do much and have advised i use the online appeals process. I am now appealing as i was a genuine customer of the retail park and find it unfair to have been charged with £100 fine for shopping!. I must add i seemed to have overlooked the signage that is apparently visible giving a maximum of 3hrs to park.
Do i copy the blue text from the newbies forum and omit the points regarding machine payments and the overstay, replacing it with the fact i was a genuine customer and proof of purchases?
Any help would be appreciated
Many Thanks


THIS IS WHAT I AM CONSIDERING SENDING:

Re PCN number:XXXXXXXX

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence.

In order to resolve the dispute I attach copies of the drivers proof of purchases, as they were a genuine customer of the retail park.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

Coupon-mad

Do i copy the blue text from the newbies forum and omit the points regarding machine payments and the overstay,

Yes.

replacing it with the fact i was a genuine customer and proof of purchases?

Jeez no!! OMG NO.

You appear to have missed the point never to add anything saying or implying who was driving.

''I was'' implies exactly that, and throws away the 100% WIN at POPLA.

You could say ''the occupants of the car were...'' and here is the receipt
(NB: NOT MY RECEIPT!).

MistyZ

£2,000 spent and retailer not interested?? Who is this retailer?

Were I to spend that much on furniture in one go it'd take a lot longer than 3 hours to make up my mind. More like 3 days! Please go back to them with a very assertive and insistent email.

If it was the Store Manager or, even worse, customer services you complained to then you need to take this to the CEO.

sai1601

Misty2 The retailer was dreams, I went down to the store today and spoke with the store manager who advised he will call them to try and cancel but doesn't seem to think it will have any affect on them cancelling the ticket. He came to this conclusion based on the fact a co -worker of his was not cleared from a charge for overstaying in the car park even though he was there working for dreams on the day the ticket was issued (failed to log his vehicle reg as a worker apparently - i don't believe this though), I had also that day spent a considerable amount of time at Laura Ashley deciding on furniture, following which 2 days later I placed a very large order with them, they are saying it is not their issue as its a retail park and they have nothing to do with smart parking!!

Coupon- mad, sorry I fully understand not to say I AM etx in the appeal... Is my template email ok for me to send?? I had copied it into the bottom of the thread.. >> In order to resolve the dispute I attach copies of the drivers proof of purchases, as they were a genuine customer of the retail park.

Sorry, i just want to get it right before sending!!
Thanks in advance!!

MistyZ

sai1601 wrote: »

The retailer was dreams, I went down to the store today and spoke with the store manager who advised he will call them to try and cancel but doesn't seem to think it will have any affect on them cancelling the ticket. He came to this conclusion based on the fact a co -worker of his was not cleared from a charge for overstaying in the car park even though he was there working for dreams on the day the ticket was issued (failed to log his vehicle reg as a worker apparently - i don't believe this though), I had also that day spent a considerable amount of time at Laura Ashley deciding on furniture, following which 2 days later I placed a very large order with them, they are saying it is not their issue as its a retail park and they have nothing to do with smart parking!!

The store manager of Dreams is giving you a load of old flannel. Any explanation with an anecdote attached makes me suspicious. I suspect Laura Ashley are fobbing you off too.

Please email complaints to the CEOs of both companies. These need to be unapologetic, very insistent about cancellation, very outraged and with a strong emphasis on the amount that was spent but basically polite.

It is so worth complaining - a very good complaint takes much less time to compose than a POPLA appeal and if you're quick there may be no need for the latter. So many people seem to underestimate how effective this route can be .... until they get their PCNs cancelled!

beamerguy

I had also that day spent a considerable amount of time at Laura Ashley deciding on furniture, following which 2 days later I placed a very large order with them, they are saying it is not their issue as its a retail park and they have nothing to do with smart parking!!

Don't pi*s around with these retailers ...... cancel your order citing Smart Parking as the reason

Mr Ng Kwan Cheong Chief Executive

Email KC.Ng@lauraashley.com


Laura Ashley will pay rent to a landlord who were stupid enough to take on Smart Parking. It's up to Laura Ashley to get this cancelled or pay the Smart scammer themselves

sai1601

MistyZ wrote: »

The store manager of Dreams is giving you a load of old flannel. Any explanation with an anecdote attached makes me suspicious. I suspect Laura Ashley are fobbing you off too.

Please email complaints to the CEOs of both companies. These need to be unapologetic, very insistent about cancellation, very outraged and with a strong emphasis on the amount that was spent but basically polite.

I know they are fobbing me off esp the Dreams manager, i am in the process of writing the emails to CEOS right now... You wouldn't happen to know if my email to appeal with smart parking direct is adequate?.

MistyZ

sai1601 wrote: »

You wouldn't happen to know if my email to appeal with smart parking direct is adequate?.

As per Coupon-mad's post above, fine but best to say occupants of the car spent a considerable sum of money while the car was parked and that the receipts are attached. As a general rule, if C-m recommends something, just do it!

Great to hear you're emailing the CEOs! Good luck, hope you get a satisfactory outcome very soon.

Redx

as this is a retail park, the stores will be rented, so the landowner complaint should be directed to the M.A. for the site itself, because the landowners will have an M.A. managing the whole site, the M.A. will have contacted the parking company


this is why the retailers are fobbing you off, but they SHOULD have given you the details for the M.A. so you could make your complaint to them, which is where it should go


so find that M.A. and give them some stick


for example , the PEEL CENTRE in Stockport is PEEL HOLDINGS , not dreams or timpsons or brighthouse or pc world or kfc or nandos etc

sai1601

Sorry but what is M.A??

Redx

Managing Agent (the AGENT that MANAGES the retail park)

you said yourself its a retail park with multiple units on it, so its rented by the stores via an M.A. on behalf of a landowner

its clearly not owned by the retailers you visited , so not a tesco store where tesco own the land and the store

as its rented , go to the rental agent