PCN - Smart Parking - Milton Keynes

whomai

Hi


I received a PCN from Smart parking @ Food Centre Milton Keynes. The site is monitored through ANPR and the driver has overstayed almost additional 45 mins. Unfortunately I already appealed to smart parking not following the MSE template and identified the driver. Also I explained that the driver was nauseated due to allergic reaction and was not in position to drive legally.The driver did visit the reception at Centre:MK and was told that in case we receive a PCN we should appeal explaining the situatiom. Smart parking since have responded back stating they do not consider this as a valid reason for appeal.


Following this I searched the threads and saw that some members have stated that smart parking T&Cs at food court do not cover parking time and penalty. Please see the images here.


i.postimg.cc/HLHqd6m1/20191112-140454.jpg


i.postimg.cc/Bvpn08dN/20191112-141214.jpg


The T&C has the following statement
"This contract and the tariffs specified on the accompanying signage at this car parkshall form the entire agreement betweenthe parties".


could you please help what should be the line of appeal for popla?

The_Deep

[FONT=Times New Roman, serif]Read what Pete Wishart MP said recently in the House of commons about Smart Parking recently.[/FONT]


[FONT=Times New Roman, serif]"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." [/FONT]

Also read MC1 here

https://www.cheshireeast.gov.uk/car_parks_and_parking/penalty_charges/how_to_appeal_against_a_pcn/mitigating_circumstances.aspx

whomai

Thanks The Deep.


Should the line of appeal be only the medical condition ? I am not sure what proof we can submit since she rested at guest services and had off the shelf medicine from boots but dont have the bill for the same. My spouse did discuss with the guest services the issue but is unsure if they made any note of the conversation.


Also is there any option of appealing around T&C too as it only asks to refer to "the tariff on accompanied signage". As this is a free parking the accompanying signage does not cover tariff but only amount of time free parking and penalty. Would appreeciate the line of appeal considering that initial appeal already identifies the driver and the medical reason stated above.

MistyZ

Your POPLA appeal should include all relevant sections, there are links to examples in the POPLA section of the Newbies' thread.

The signage section is almost always required and the best thing is to find some 'raw material' via the Newbies' thread & other SMART POPLA appeals on this board and then customise them to fit the situation perfectly. Get photos or capture screenshots of signage from Google Streetview and embed them in the appeal to refer to.

The mitigating circumstances will not be considered in a POPLA appeal I'm afraid. However they may be relevant in a landowner complaint. Was the driver a customer at the Food Centre? Do they have receipts or, at the very least, some recollection of how much was spent? Past custom is also something to mention.

There's a possibility that the Food Centre may cancel even if the driver wasn't a customer, but that seems rather less likely. Ring them to clarify that they are the landowner and if not, do some googling to find out who does own or manage the car park and complain to them.

Landowner complaints are often successful and need to be done prior to POPLA, ideally. But don't miss the POPLA deadline.

Coupon-mad

Unfortunately I already appealed to smart parking not following the MSE template and identified the driver.

Oh dear, what was 100% win is slightly less, now, but still winnable.

Redx

Popla only deal with legal issues and the law , not medical issues and explanations

Base your popla appeal on the usual legal points

whomai

Thanks Redx, coupon-mad, MistyZ
Thanks for quick response.


I am still wondering if the t&c issue is valid considering the point mentioning
This contract and tariff memtioned on accompanying signage.



The pic of the signage are already mentioned in first post. Any advice if i should raise the point that signage doesnt talk about any time limit or penalty for over stay parking.
Simce its free parking with no option to pay. Technically tariff from accompanying signage is not valid right?

whomai

Landowner has cancelled the pcn. Thanks for ur help

Coupon-mad

Very good, just as it should be!