Need PCN Advice!

Umkomaas

You do the complaints ahead of the POPLA appeal, but if no response from your complaints (or negative ones) you appeal to POPLA within the deadlines - shown as 28 days by the PPC, but there are approx another 3 days beyond. But get it done within 28, and there's no worries about a missed date. 

Redx

you do everything possible in the interim, apart from a popla appeal

but you pencil in your diary the latest date you can upload your popla appeal, say 30 days after it was generated, you do not miss the deadline even if you have not heard back from the complaints !! the squeaky wheel gets the oil , so start squeaking !!

Sylith

I've had a look at the link on the NEWBIES thread to a list of successful complaints and the vast majority seem to be addressed to the  companies in the retail park/area that the PCN was issued (e.g the Facebook team of one of the shops or the manager of the cinema etc). The basis of their complaint is that they were a genuine customer who has been put off returning due to the predatory practices and so on.

In my case, all the shops were closed due to COVID-19 (and even before COVID-19, I didn't frequent any of the stores), so I cannot use this in my defence or provide evidence of my spending in any of the stores. I was parking as it was a convenient location for a bike ride. 

What sort of points should I be making in my complaint as it won't be going to store managers or the retail park shops? 

Also, is it actually likely that the CEO of a company that manages $300bn of assets will even bother to glimpse at my email about a parking ticket in a little retail park somewhere? Forgive me if I'm being pessimistic. I'm just not sure that the CEO of a huge financial firm will give me the time of day but that's what has been suggested and I'm a newbie so can't comment from experience.

Thanks again for all the helpful comments so far; I appreciate you guys taking the time to help me out and give your advice.

Le_Kirk

Well that store will be open again soon and they will want customers.  Whether or not you will be one will depend upon how you are treated over this issue.  You have, of course been a loyal customer for X years and only stopped there to work out what to do as you didn't know the shop was closed until you had parked and read the signs.  Easy for me to say as I wasn't there.  If there had been some LARGE signs saying shop closed due to Covid 19 you might have paid more attention to it.  If they did not want you parking there, they could have put barriers up at the entrance to the parking area.  Lots of reasons to go at .............

Sylith

I've drafted a quick letter to send to whoever would be appropriate and would be very grateful for any feedback. I've yet to check it for all spelling/grammar issues but would just like to know whether the general content and tone is appropriate for what I'm going for? And also a bit more input on who is best to send it to? As mentioned previously, the CEO of Aviva Investors has been suggested even though it is Gobafoss who are the landowners (however their registered offices are at Aviva so it's a little bit confusing). The stores at the retail park are all closed so I cannot go in and talk to the managers unfortunately. Thanks again all!

LETTER

Dear Sir,

I am writing about a PCN that I’ve been issued while parking on the land owned by your company.

I stopped parking at Haven Banks Retail Park last year after Smart Parking LTD previously sent me a PCN, using photos of two cars with different number plates, to falsely accuse me of an overstay.

I recently decided to give this car park the benefit of the doubt and give it another go. On the 28th May, I paid for 3 hours of parking, however I received a PCN later that week due to an 18 minute overstay because Smart Parking LTD have tried to say that I entered a contract upon ENTERING the car park. This sort of predatory behaviour is abhorrent. To try and claim that a contract is entered immediately upon entry is ridiculous at the best of times, but it is made even worse by the fact that Smart Parking LTD have not complied with BPA guidelines stating that signage should be legible and clearly visible. If the contract starts upon entering the car park then the terms of that contract should be visible when entering the car park however this is not the case as the sign not only contains substantial small print but is also on the wrong side of the entrance!

The terms and conditions of the contract also imply that the only means of purchasing parking time is the ‘payment machine’ on site. However, upon entering the car park (unknowingly entering into a contract), I learned that there was also the option to pay via mobile app. Considering that we are in the middle of a global pandemic, I think any reasonable person would be sympathetic to the fact that I wanted to pay via mobile app rather than touch the parking machine with no measures in place to keep it sterile. This is the reason that I had 18 minutes unpaid. I had to download the mobile app using mobile data (a notoriously slow process) and then create an account, enter my details and pay for my parking.

After paying for my parking, I left the car park, came back to the car park and removed by car all within the 3 hours that I paid for. I cannot express how angry I am that Smart Parking LTD have once again tried to swindle me our of £54/£90 (an outrageous amount that does not reflect the loss to the company since the mobile app shows that the car park was not at all busy on that day and that I was still a paying customer). This time for trying to take measures to avoid the spreading of COVID-19. I gave this car park another chance and have once again been harassed by Smart Parking LTD despite their inadequate signage, predatory terms and lack of understanding. It has put me off returning to the retail park businesses and I will be writing to the appropriate MPs to try and have action taken against these opportunist thieves. I also hope you will consider investigating the company that operates on your land as their unethical actions are deterring genuine customers like myself and others. 

Yours sincerely, XYZ.

Coupon-mad

Never, ever, ever admit to driving, in a case about Smart Parking who can't hold a keeper liable.

You talk about the driver in the third person instead, or say 'we did this and it ruined our day...etc'

Sylith

Coupon-mad said:

Never, ever, ever admit to driving, in a case about Smart Parking who can't hold a keeper liable.

You talk about the driver in the third person instead, or say 'we did this and it ruined our day...etc'

Thanks for the advice. So even though I've let slip that I"m the driver in the appeal, I should still change it for the complaint? Other than that, is there anything obvious that I should omit or change? 

Coupon-mad

So even though I've let slip that I"m the driver in the appeal,

Gaaaah...I briefly skim-read back to see if you had appealed...didn't spot that.
ARRRGGGGHHH!!  so darn frustrating every time we read someone has done that before Googling the scam.

Your complaint looks fine but reassure the landowner that you did pay, and prove it by attaching a screenshot.

I stopped parking at Haven Banks Retail Park last year after Smart Parking LTD previously sent me a PCN, using photos of two cars with different number plates, to falsely accuse me of an overstay.

Wow,  what?  Can you show us, do you still have that?

Sylith

Coupon-mad said:

So even though I've let slip that I"m the driver in the appeal,

Gaaaah...I briefly skim-read back to see if you had appealed...didn't spot that.
ARRRGGGGHHH!!  so darn frustrating every time we read someone has done that before Googling the scam.

Your complaint looks fine but reassure the landowner that yu did pay, and prove it by attaching a screenshot.

I stopped parking at Haven Banks Retail Park last year after Smart Parking LTD previously sent me a PCN, using photos of two cars with different number plates, to falsely accuse me of an overstay.

Wow,  what?  Can you show us, do you still have that?

Very annoying indeed! At least I know for next time and can spread the word to others that I know! Brilliant, I'll add in the receipt and reiterate that I paid. If you don't mind me racking your brains, could you please give me a quick input on who you'd send a complaint to? The land is owned by "GOBAFOSS GENERAL PARTNER LIMITED" who don't have a website but are on companies house and have 2 directors listed. And the asset managers are Aviva Investors. The correspondence address of the landowners is the same as Aviva though so I"m getting a bit confused. Have you seen any cases similar?

And I'm not sure but I've been having a look for the parking ticket! The first picture on the ANPR was my car and the second photo was a completely different car (with a similar but certainly different number plate) and I got an identical letter asking for £54. Con artists! I'll try and find it.

Coupon-mad

Wow if you find it we'd like to see it!

As the address is the same, why not address it to both - oh and attach a photocopy of the PCN as well.