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Smart parking letter now overdue

My 70 y/o mother received a parking fine letter from Smart Parking dated 2/10/20. The circumstances were, after months of being in isolation, she went to the local Iceland and ran over the allotted time by 18 minutes, however this car park had always been free, she’s shopped there for years but they put a sign up during lockdown which she didn’t see or expect to be there. 

After taking advice, she contacted Iceland in the first instance who advised her to contact Head office, which she did and was passed to various people all saying they’d look into it and get back to her and that someone there did deal with requests for cancelling parking tickets. However over a week had passed and she’d heard nothing so I called them on her behalf and was then told there was nothing they could do. That because that particular store is only rented, it’s down to the landlord and had it been Exel parking they could have intervened. So at this point, we are now well over time to deal with this and I’m not sure what to do. I’ve spent hours looking online but I’m very ill (I’m trying to type this with a migraine) and there is so much text to read. They used AMPR and her information was obviously obtained from DVLA. As yet (to my knowledge) there has been no correspondence follow up from Smart Parking, should we just go ahead and contact them using the appeals link on their online form? Or is it best to use the template letter on here? As Iceland have effectively made this situation harder to deal with taking up over a week in giving us false information I feel somewhat frustrated and concerned over the next course of action. 

Thank you

Comments

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    edited 22 October 2020 at 2:13PM
    So at this point, we are now well over time to deal with this.
    You are not.  There are 28 days to appeal.  Make sure the appeal is done online by the person named on the letter and that they use the forum template appeal in the NEWBIES thread - not some crappy 'letter' that the MSE article about fighting parking fines tells people to use!

    Just change the template to say that the keeper knows that Smart have not used the POFA 2012, and cannot hold her liable.

    She will win.  As long as 'she' is the registered keeper and is told NOT TO REPLY to tell them who was driving, should they ask!  i.e. the keeper appeals and the keeper wins. 

    Easy.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
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    Read what Pete Wishart MP said recently in the House of commons about Smart Parking. and complain to your own MP.


    "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.

    You never know how far you can go until you go too far.
  • Ralph-y
    Ralph-y Posts: 4,753 Forumite
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    "Make sure the appeal is done online by the person named on the letter and that they use the forum template appeal in the NEWBIES thread"

    just to qualify ... you cab do this but it must be in mothers name.

    get back onto the CEO at Iceland and complain again ,

    say you are going to the papers regards all the hassle

    plus ask him/her who the landlord / agent is.

    Ralph B)

    Ralph
  • So at this point, we are now well over time to deal with this.
    You are not.  There are 28 days to appeal.  Make sure the appeal is done online by the person named on the letter and that they use the forum template appeal in the NEWBIES thread - not some crappy 'letter' that the MSE article about fighting parking fines tells people to use!

    Just change the template to say that the keeper knows that Smart have not used the POFA 2012, and cannot hold her liable.


    Thanks for this, it was actually the template in the MSE article I was looking to use so I’ll find the NEWBIES thread. I’m not sure what “Smart have not used the POFA 2012 and cannot hold her liable” means but I shall look into that just so I understand it myself. I hope it is easy though, we are both too unwell for this just now and deadlines don’t help but at least we still have time. Appreciate your response. 
  • D_P_Dance said:
    Read what Pete Wishart MP said recently in the House of commons about Smart Parking. and complain to your own MP
    Thanks, yes I’d read this was being reviewed in parliament as well. We did think about advising the MP, that poor man is already dealing with something huge for us as I lost my grandmother due to an overdose in a care home last year so he’s fighting that too! But yes I think you’re right he probably should be made aware. 
  • Ralph-y said:
    "Make sure the appeal is done online by the person named on the letter and that they use the forum template appeal in the NEWBIES thread"

    just to qualify ... you cab do this but it must be in mothers name.

    get back onto the CEO at Iceland and complain again ,

    say you are going to the papers regards all the hassle

    plus ask him/her who the landlord / agent is.

    Ralph B)

    Ralph
    And ask him who would will be attending court on behalf of Iceland and what dates they aren't available (should it go that far).
  • Umkomaas
    Umkomaas Posts: 43,804 Forumite
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    D_P_Dance said:
    Read what Pete Wishart MP said recently in the House of commons about Smart Parking. and complain to your own MP
    Thanks, yes I’d read this was being reviewed in parliament as well. We did think about advising the MP, that poor man is already dealing with something huge for us as I lost my grandmother due to an overdose in a care home last year so he’s fighting that too! But yes I think you’re right he probably should be made aware. 
    Do you mean Pete Wishart is the MP dealing with the other issue for you?  If so, are you based in Scotland?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umkomaas said:
    D_P_Dance said:
    Read what Pete Wishart MP said recently in the House of commons about Smart Parking. and complain to your own MP
    Thanks, yes I’d read this was being reviewed in parliament as well. We did think about advising the MP, that poor man is already dealing with something huge for us as I lost my grandmother due to an overdose in a care home last year so he’s fighting that too! But yes I think you’re right he probably should be made aware. 
    Do you mean Pete Wishart is the MP dealing with the other issue for you?  If so, are you based in Scotland?
    No sorry I should’ve been more clear, my own MP I mean. He’s dealing with another serious case for us already is what I meant he’ll be sick of the sight of us lol. We’re based in the West Midlands. 
  • Fruitcake
    Fruitcake Posts: 59,484 Forumite
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    The NTK will tell the keeper how to appeal. This is usually an appeals portal on their website. Copy the template in blue text from the first post of the NEWBIES and paste it into the appeal page.
    Add a one liner as advised by Coupo-mad that since Smart Parking have not complied with the requirements of the PoFA 2012, they cannot hold the keeper liable so should cancel now to save themselves money.
    Make sure that the appeal is done in the name of the keeper, triple checking that Driver is not selected on any drop down menu. If any other part of the appeal form is clicked on, the menu will revert back to driver. Scammy ain't it?
    Take a screengrab of the appeal page showing that Driver was not selected before submitting it.
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