Smart Parking Notice

veggie_girl

Hey all,
A parking charge for £100 from Smart Parking has arrived for our car

I have gone back to the Store to find there are no parking signs on the side of the car park entered and it's easy enough to enter the car park and go into the store without seeing a single sign.
Signs are located on the other side of the car park, which are very easy to miss


When the car was parked no signs were seen and the store and they told me the land is owned by the Council.


Is there a way to get around this?
Has anyone dealt with these ppl before?

V

D_P_Dance

Read what Pete Wishert, MP, said in the House of Commons recently and complain to your own MP.

"I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.
…
The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices."

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem become so widespread that MPs agreed to enact a Bill to regulate these scammers. It received The Royal Assent today.

Fruitcake

First, edit your post to remove information about who did what. Only ever refer to The Driver and The Keeper, who are two different people.
The Keeper has protections in law that The Driver does not.

Do this before you do anything else! Parking scammers read these fora.

Get your own pics of the site and signs asap including the entrance as well as the area where the car was parked.
Contact the council and/or land registry to determine who owns the land.

Send the appeal template in blue you will find in post 1 of the NEWBIES then read up on how to beat this at PoPLA.

Redx

read and follow the advice in the NEWBIES FAQ sticky thread, third thread down from the top of this forum

Fruitcake

D_P_Dance






<<< Have you proof read your location? :eek::rotfl:

veggie_girl

Thanks for the replies. I am trying to get through that post but it really is making my head hurt as there are so many options.

To complicate matters, the store in question was attended to raise funds for a charity.
The store management said they have customers getting
caught all of the time as the signs are difficult to see.
They were unable to help as they said it never helped even for visiting staff.

Redx

now you need to edit post #1 and post #6 because you cannot help but name the driver, this isnt an english exam (sorry to be blunt)

what happened on the day happened to the DRIVER

what happened SINCE THAT DAY happened to the KEEPER

2 separate entitities (never blab about who did what, only use the words DRIVER and KEEPER, never the words "MY , ME , MYSELF & I")

surely you have seen police programmes where they say "you have the right to remain silent , anything you do say may be used against you in a court of law" ?

now edit your posts above and no more blabbing about who did what , we cannot help you if we are continually telling you to edit your posts (yes its like being back at school , we know !)

and if the store knew about this already , the DRIVER should have been warned on the day in question , even if the DRIVER had a badge

how long from icident date to the day the letter arrived in the post ? more or less than 15 days ?

does the NTK contain the POFA 2012 warning about after 28 days etc ?

Umkomaas

When I parked I did not see any signs and I have been into the store and they told me the land is owned by the Council.

They're probably lying.

Which store?

veggie_girl

how long from icident date to the day the letter arrived in the post ? more or less than 15 days ?

does the NTK contain the POFA 2012 warning about after 28 days etc ?[/QUOTE]


Thank you.
Yes it is just over 15 days.

Yes there is something about paying within 28 days to pay £60 rather than £100

Fruitcake

veggie_girl wrote: »

how long from icident date to the day the letter arrived in the post ? more or less than 15 days ?

does the NTK contain the POFA 2012 warning about after 28 days etc ?

Thank you.
Yes it is just over 15 days.

Yes there is something about paying within 28 days to pay £60 rather than £100[/QUOTE]

That's nothing to do with the PoFA wording, and nothing to do with the question you were asked.

You need to do some more reading. In order for the keeper to be liable, the scammers have to use specific mandatory wording from the PoFA, and meet mandatory timescales where a NTD was left or where ANPR is used.
There is a link in the NEWBIES to the PoFA so you can compare the NTK wording and timescales to show if/where the scammers have failed to meet the strict requirements and cannot therefore make the keeper liable.

You are looking for the wording/timescales in Schedule 4 and either paragraphs 8 or 9 of the PoFA, assuming the alleged event occurred in England or Wales and the vehicle is not hired or leased.

Redx

it should have a POFA warning on it stating that the keeper is liable if the driver is not named by day 29

and if it arrived over 15 days later it failed POFA anyway


the 28 days appeal time is mandatory and NOT what I asked


appeal as KEEPER using the blue text template (no alterations at all) in the way they tell you ( online ? ), as keeper

NO BLABBING ABOUT WHO WAS DRIVING

IF THEY FAILED POFA THEN YOU AS KEEPER ARE NOT LIABLE, hence our earlier warnings about how to write info on the net

a DRIVER can always be held responsible, so should not be divulged, these scumpanies take screen shots of sites like this one, hence our warnings