Smart Parking Charge issued for a 10p underpayment

Braveface

Hi folks, looking for some advice please.
In October last year I parked on Fistral Beach car park. I saw it was an ANPR park but assumed that it was like every other ANPR I had ever visited ( I live in west Mids) whereby you drive in and then on exit you punch in your reg and the machine advises what you owe and will NOT issure you a ticket unless you enter enough money to cover your stay. However in this case when I returned to pay I noticed that you were supposed to pay in advance, But thats not the issue here, I decided that I would pay for 2 hours parking retrospetively even though I had only actyually stayed 1hr 23 minutes. So I fed the machine with £2.50 (the charge for 2 hours) and pressed for a ticket - it was only then that I realised that one of the 10p coins I'd entered hadn't registered - normally this would mean that no ticket would be issued but in this case the machine DID issue the ticket for £2.40. Not knowing how to proceed I decided that on my return to our apartment I would email Smart Parking to explain my dilemma. 8 days later they resonded saying that whilst there was no charge showing on their record at that time it didn't mean that there WOULDNT be. In due course I received a charge through the mail from Smart Parking for £100. I appealed to them and ran through the explanation agin - rejected, I appealed to POPLA again rejected and then received a letter from DRP saying the charge was now £170 and if I didn't pay they would advise Smart Parking to take me to court. All over a 10p underpayment! I feel I acted in good faith and didn't try to avoid payment. It was their machine that failed. I also contacted them in an attempt to avoid this situation. So my question is this. If I DO end up in court, what are my chances of beating this charge?

Coupon-mad

I appealed to POPLA again rejected

Oh dear. We never lose v Smart at POPLA (and I mean, never).

You'd have won if you appealed correctly. If you'd come here first it was nailed on.

Same advice as here:

https://forums.moneysavingexpert.com/discussion/comment/75756806#Comment_75756806

No need to ask us about your chances - we have a consistent 99% court win rate!

HTH

beamerguy

Did you keep the receipt ?

DRP being stupid again over 10p IGNORE DRP, MONEY SCAMMERS

The_Deep

I wonder what a judge would say if they took this to court, they are daft enough. Read what Pete Wishert MP said about them recently in the House of Commons

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."

They are obviously trying to scam you so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Braveface

Beamerguy - yes I have the original receipt.


The Deep - I have contacted the MP for Newquay and St Austell - they are unable to help. Should i contact my MP and cite the ne legislation?



Thanks to all so far!

beamerguy

Braveface wrote: »

Beamerguy - yes I have the original receipt.

The Deep - I have contacted the MP for Newquay and St Austell - they are unable to help. Should i contact my MP and cite the ne legislation?

Thanks to all so far!

Good, something to show a judge. Smart would be seen as timewasters over 10p

THAT'S YOUR HIGHLIGHT.

PLUS the money you put in the machine was clearly stolen by SMART. ????

YOUR MP ..... Any MP who will not help with this scam should be prepared to be voted out. Maybe you should ask the question ..
"WHY SHOULD I VOTE FOR YOU"

Smart are stupid enough to go further so just wait now, no point in talking to the brain dead, if it goes that far, let a judge give them a whooping and then you can claim some £95 in costs.

If you get a LBC from them or one of the dodgy legals, come back here for help to zap Smart Parking

Braveface

Many thanks Beamerguy, it seems that by trying to play fair and act honestly you just lay yourself open to abuse from these con merchants.

waamo

Braveface wrote: »

Beamerguy - yes I have the original receipt.


The Deep - I have contacted the MP for Newquay and St Austell - they are unable to help. Should i contact my MP and cite the ne legislation?



Thanks to all so far!

Always contact your own MP. They represent you. Other constituencies MPs do not represent you and cannot help.

In saying the the MP you wrote to should have explained you need to contact your own MP and explained why.

Coupon-mad

Yep - next time come here first.

And do NOT pay Smart.

There is no risk/no credit rating damage by defending if they try a claim.

Snakes_Belly

Braveface wrote: »

The Deep - I have contacted the MP for Newquay and St Austell - they are unable to help. Should i contact my MP and cite the ne legislation?

This is Steve Double MP. The MP who was mentioned in a recent post pictured with Will Hurley.

Regarding the scenario in question I am no expert on here but I have read about cases that win on the doctine of de minimis. My understanding of this is that the amount involved is that small that it should not be bought to court. Some posters with a legal background may be able to give a better definition.

beamerguy

Snakes_Belly wrote: »

This is Steve Double MP. The MP who was mentioned in a recent post pictured with Will Hurley.

Good spot Mr Snake ...... the Double standards man