Airport Pub Parking: Smart Parking

fostany99

I received a ‘parking charge notice’ from Smart Parking relating to my vehicle being parked at the airport pub carpark on 25.05.19 - date of notice was 05.06.19 so within 14 days —. Not sure how to defend

It was actually my partner driving for one — do I need to name driver as notice is within 14 days? Or should I defend as keeper and not name — I can’t understand from thread here what to do

The carpark was manic at the time, it was bank holiday weekend and full — parking attendants all over carpark - not one mentioned it was pay and display and no clear signage entering car park or pub, we were with friends how also have a ticket.

It took us about 20/30 minutes to get parked up (eventually the attendant parked us in front of the employee cars) and then another 20/30 minutes to get into the pub — when my partner got to the bar he noticed a chalk written sign saying make sure you pay for parking so he went outside and bought a ticket for 2 hours (not knowing what time we actually arrived) we still have the ticket

Unfortunately the notice has us arriving at 15:16 and leaving at 17:48 - we paid for two hours parking at 16:12 thinking this would be enough.

Should I name driver and defend on the basis that the signage was inadequate, problems/ delays entering carpark and actually have a valid ticket (which I can produce?)

Thanks

fostany99

Possibly worth noting my partner isn’t a resident of the UK either so not sure how they would react to a foreign address?

Edna_Basher

Regardless of whether the PCN was delivered within the relevant 14 day period, the wording on Smart's PCNs doesn't comply with POFA.

No need to name the driver. The keeper should just "appeal" using the blue template wording from the Newbies sticky. Once the "appeal" has been submitted through Smart's website, don't forget to take a screenshot - Smart have form for not responding to "appeals".

BrownTrout

No dont appeal as the keeper on this one. Name the driver, why risk a claim from smart down the line when you can use a legitimate foreign address, she can not be touched then. The wording may not comply but it doesnt mean a judge would agree.
Naming a driver in this instance makes a lot of sense as long as they can be reached at the foreign address given

Edna_Basher

BrownTrout wrote: »

No dont appeal as the keeper on this one. Name the driver.....

If this were an IPC company, I'd agree with that approach. However, Smart will usually fold at the first sight of the Newbies template and even if they don't, it should be straightforward enough to kill the PCN off at POPLA.

In the extremely unlikely event of an unfavourable POPLA decision, you could then give them the name and overseas address of the driver.

Wanderer63

Hi, new to the site, can you help me find the blue template for Newbies you mentioned. My son pulled in to the Mancr Airport pub for 12 mins as he was lost, never left the car, just stopped to look up directions on his phone.

Thanks

The_Deep

Name the driver, give an address overseas and complain to your MP as nine times out of ten these tickets are scams.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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

Read what Pete Wishart MP said recently in the House of commons about Smart Parking

"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."

Edna_Basher

Wanderer63 - you've jumped onto someone else's thread.

You need to start your own thread - otherwise things will get even more confused than they already are. The Deep's advice above was given on the assumption that the driver lives overseas - as is the case for the original poster of this thread. I expect that your circumstances may be different?