SMart Parking Ltd. POPLA appeal lost, now debtors

JoJoGrays

Sorry I missed the second part - it is a town centre car park for a shopping centre, not just one shop. It may be owned by Smart Parking? I checked the town centre website and couldn't find anything about who 'owns' the car park, I could call the council to find out?

Redx

yes you should because SMART do not OWN car parks , they are sub contractors for somebody else

see who pays the business rates to the council (free)

google the site (free)

or pay the Land Registry a small fee for landowner details

your choice


who is getting these letters ?

the keeper ?
or
the driver ?

Half_way

it is a town centre car park for a shopping centre

Lots of town centres, and lots of car parks - where????

It may be owned by Smart Parking

Highly unlikely, Smart will be working for the shopping centre owners, acting for them and on their behalf as their agents.
this means the shopping centre will be jointly and severally liable for the actions of its agents( smart)

I checked the town centre website and couldn't find anything about who 'owns' the car park, I could call the council to find out

this would be difficult, the easiest way is knowing where the car park is, and the shopping centre name, stick it into a search engine add the ord untis and with a little digging this information can be found

JoJoGrays

My apologies, I didn't realise you wanted specifics (plus I've been told they watch these threads) - it's Grays Town Centre Multistorey Carpark (Grays, Essex)


I was the driver and am getting the letters - the car is my son's car - he is at Uni and on that day I was driving his car - unfortunately they know all this as I was appealing to their better nature thinking if I told them all the facts they'd let me off

Half_way

this the place:
https://www.graysshoppingcentre.co.uk/contact


go a bit deeper and we end up here:
https://www.nrr.co.uk/portfolio/properties/grays-shopping-centre


with both contacts it would be worth reminding them that their agents, smart parking own trade associations code of practice says about miss keying
see here: https://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2019_v8(2).pdf

JoJoGrays

Thank you so much, I will do that right away.

JoJoGrays

I have now written an email to both contacts of the shopping centre asking them to cancel the PCN but if that comes back negative then I need a plan B.


Regarding the advice from Coupon Mad to send those 2 emails - I'm afraid I did appeal to POPLA so does this £20 offer not apply? Should I offer more or can I not go down this route?


I guess I can't send the second email either bearing in mind I have already told them I was the driver and my son is the keeper?


Sorry to be a pain, appreciate all your help, you're all marvellous!

Coupon-mad

JoJoGrays wrote: »

Oh dear, you will see in my first post that the very first thing I did when I received the PCN addressed to my son was to appeal telling them it was me driving it and pointed out categorically that I had paid, sending them proof of payment, only to realise I'd entered the incorrect VRN.

Does that then mean that I cannot follow the instructions in the rest of your post? No claim yet, just a Solicitor letter. I'm so sorry I didn't come to this forum until I was refused the appeal.

Of course follow the rest, just not the parts about the POFA/keeper liability.

Sorry to say this is a cautionary tale to show other posters what to avoid and why. You will win the case in the end by hook or by crook, I predict, but maybe in court unless these two separate plans work (landowner complaint, and using the BPA CoP & overriding objective to force an end to it).

It would have taken ONE EMAIL from your son. The keeper appeals and the keeper can't lose. That's been the advice here for about seven years and has never changed, re Smart, as they've never chosen to use the keeper liability wording. Why? Because too many victims appeal like you did, being honest and not researching the scam first. They don't need to use the law for keeper liability, do they, when people fess up everything and believe they have to appeal saying what happened.

It may be owned by Smart Parking?

These firms are parasites on other proper companies' land. Smart own no car parks.

I'm afraid I did appeal to POPLA so does this £20 offer not apply?

Offer £20 and see what they come back with and remove my words about 'and POPLA was not tried'.

OF COURSE you send both emails. But you MUST NOT mention any offer in the first one.
So no adding a final line telling them you will be offering £20 under separate cover!

Half_way

please cna you post what you intend to send before you do so, it will serve two purposes:
allow us to see what you intend to say and provide any assitance as required
Allow others to see what to send if they find themselves in the same predicament

JoJoGrays

Will do. I have a day off tomorrow so will work on it. Thanks