SMart Parking Ltd. POPLA appeal lost, now debtors

Coupon-mad

As well as the Parking Eye thread I linked for you to read earlier, here is another one with similarities to your case:

https://forums.moneysavingexpert.com/discussion/6096224/apcoa-parking-fines-x7-at-a-railway-car-park-gone-very-wrong

JoJoGrays

So I've had a look at the links you sent and am very concerned for them, I totally agree how stressful the situation is but I also have a very strong sense of 'this is so unfair' so am happy to fight as much as I can! I might end up paying in the end who knows but I'm not going down without a fight!


Here is what I am considering sending to Smart Parking and to CST Law please let me know if it's ok? I used some of the points from the 'Defendant' in the PE case but as this hasn't gone to trial yet I'm still writing it as a letter and going down the new CoP for incorrect VRN route please let me know if this is right?


To: Smart Parking & CST Law


Further to your Letter Before Claim, addressed to me, dated xxx regarding:


Claimant Smart Parking Ltd
VRN xxx
PCN Number xxxx
Date of Charge xxxx
Location xxxx
Charge Amount £185.00


I would very much like to resolve the dispute out of court fairly and in accordance with the applicable Code of Practice and other relevant restraints such as landowner authority, and legislation such as the Consumer Rights Act 2015 and as Smart are an AOS member and this as not proceeded to court yet I hope we can settle the matter. I am a local resident, have lived in the area and used this car park for almost 30 years both for shopping and for commuting to London from Grays railway station and have never once missed a payment or overstayed the duration of my ticket.


This is the case where the correct payment was made but for an incorrect VRN due to not using my own car on that day. Smart Parking have confirmed receipt of the payment and have also confirmed that the VRN paid for did not enter the car park on that date and that the VRN that the PCN is issued for left only 4 minutes after the payment was made. V5C documents were provided for both VRNs. It was not made clear at the time of paying that the incorrect VRN was entered as the validation terminal did not indicate any failure to input the VRN correctly and responded as if the VRN had been accepted. As such I believed the necessary process had been carried out successfully to obtain parking for the duration of the stay. Also, at no time has there been any mention of the money that I paid to Smart Parking for a car that did not park there.


It has come to my notice that the new BPA CoP covers exactly this issue regarding ‘Major Keying Errors’ I am sure you are aware that Smart Parking’s own trade associations code of practice says the following, both examples applying to my situation:


Major Keying Errors
Examples of a major keying error could include:
Motorist entered something completely unrelated to their registration
Motorist made multiple keying errors (beyond one character being entered incorrectly)
In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant).


I would ask why Smart have paid no regard to the 2020 CoP, given that this matter has not gone to court yet. I understand my PCN pre-dates the update of the rules but equally know that it is not news to Smart Parking whom will have known about the changes for months from the BPA meetings they attend.


Also, through research, I have discovered that if a complaint had been made at the time of receipt of the parking charge notice (PCN), then the businesses on site had the authority to cancel the charge. I have contacted the land owners now so I am hoping that this may still be the case and that someone will understand bearing in mind we are at pre-court phase.
Yours faithfully
……

waamo

Leave out the emotive bit at the end. If they think you are getting stressed by it they will rub their hands with glee and ramp the pressure up.

JoJoGrays

Good point! Done
Thanks

Coupon-mad

I agree, change the end to say you have complained to the BPA about Smart Parking paying no regard to the current CoP, and expect to hear this has been resolved to your satisfaction within seven days.

JoJoGrays

Quick update on what I've done:
1. Sent email to car park/owners asking them to cancel PCN or write to me with their consent to cancel
2. Sent an email to [EMAIL="gemma.d@britishparking.co.uk"]gemma.d@britishparking.co.uk[/EMAIL] to complain that the new CoP is being ignored. Gemma is on holiday so I also used this link to complain https://portal.britishparking.co.uk/compliance/LogComplaint
3. Sent email to Smart & CST Law as per my draft above (changed the last bit as per advice)
4. Followed up with email to Smart & CST Law offering £20 as per advice


Will let you know what happens next.
Thanks again to everyone's support, as you know, it means a lot to me and to everyone on here.

JoJoGrays

Hi Guys, So today I received an email from NRR, the landowners (special thanks to Half_Way for finding that info for me) to say that they have been in touch with Smart on my behalf and had the PCN cancelled!!! They said "it is not our intention to penalise genuine customers, rather those who abuse the parking and make no attempt to pay for their parking". I won't count my chickens until I've had it in writing from Smart or CST Law but to say I am over the moon is an understatement. I could not have got through this without you so thank you once again.


If you have a Just Giving page or something please let me know so that I can give a small donation to show my appreciation of your efforts.

Fruitcake

We don't have a just giving page and it would probably be against forum rules anyway.

The best way to pay us back would be to complain to your MP about this unregulated scam and tell all your friends and family about the scam, and where to come if they need help.

Umkomaas

To check the status of your PCN, go to the Smart website as if to pay it. Hopefully it will say Cancelled or Not Found or Not Recognised (or similar). Give it a few days to allow time for the website to be updated (note - it won't be a priority for them!).

Coupon-mad

Glad to to hear it!

What will help others might be:

1. Please post a link to this thread in SUCCESSFUL COMPLAINTS ABOUT PPCS, the thread all about these successes as linked in the NEWBIES thread. Tell readers which PPC, which location, who the landowners were who stepped in (name/email?) and what happened. The point of putting it there, is this little thread about one case, will die and fall into archive, but that one won't!

2. Who not give a small donation to a charity close to your own heart/family?