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Smart Parking / Debt Recovery Plus
Towards the end of 2020 I received a parking fine from Smart Parking. Sent details showing a picture of our car entering and existing the car park with relevant times etc. The duration of me entering and existing the carpark exceeded the 4 hours I paid for by 12 mins. However there is a reason for this, I queued to pay for the ticket only to find out there was no method to pay contactless, as I had no change on me I quickly entered a clothing store on site and purchased a cheap jumper for my daughter ensuring I would then have change to pay for my ticket. I brought my ticket and we went on our way assuming we had 4 hours of parking from the time we purchased the ticket.
Smart Parking basically start timing you from the moment you enter the car park and not from the time you purchase the ticket? Yet on the ticket it clearly states the time of purchase and doesn't mention anything about 'you must deduct the time it has taken you to find a space and purchase a ticket'
I appealed straight away and after a week or two had a letter to say my appeal had been rejected. Even though I stated the above, especially considering we are in the middle of a global pandemic the contactless method of payment is the 'go to method' Also on our return to the car we had to change our sons nappy before the 30+ min drive home (another slight delay)
I am now being sent letters from Debt Recovery Plus, I have ignored these till now. The last one states this is our last offer to make a payment, if payment isn't received we will recommend our client starts court action against you.
If I had intentionally overstayed my parking time or simply lost track of time then I would have paid the fine. However there are genuine reasons why and I do not see how they can start timing/charging you to while you basically find a space and pay for your ticket?
Any help or advise would be much appreciated.
Comments
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Have you read the newbies?
Read what Pete Wishart MP said recently in the House of commons about Smart Parking.
"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.Why not complain to your own MP?
You never know how far you can go until you go too far.1 -
If you want to know about the DRP idiots read the Newbies Thread and also if you want a giggle read this as well
DRP (Debt Recovery Plus) ... The following thread tells you all you want to know
https://forums.moneysavingexpert.com/discussion/6227874/debt-recovery-plus-and-euro-car-parks#latest
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See post 4 of the newbies FAQ sticky thread near the top of the forum , you can ignore drp , they are powerless
You should have appealed as keeper using POFA , no keeper liability , not explained what happened , the blue text template in the first post in the newbies thread covers that completely , this appeal was plan B
With the rejection was a Popla code , so you should have appealed to popla as well , you haven't mentioned popla , this was plan C
Plan D is court , Smart have 6 years to issue a court claim pack from the CCBC in Northampton , to take you to your local civil court
You haven't mentioned doing plan A from the newbies FAQ sticky thread , first post , that was , is and always will be your best option , a landowner cancellation
Lastly , the BPA CoP , January 2020 edition covers Grace periods in clause 13 , please download it and read it , and the courts have ruled that Parking time starts at the pdt machine when payment is made , when the button is pressed1 -
How frustrating again, that a person mucked up the 100% winning appeal the registered keeper had, that would have cancelled the PCN at the first try. Now, go back and read on the NEWBIES thread how you should have appealed, so you know next time NEVER TO NAME THE DRIVER.
The NEWBIES thread also tells you what PLAN A is, and it's not to appeal...do it now.
IT IS NOT TOO LATE TO COMPLAIN.
Such a waste of your time and this will now be down to how good the landowner is at cancelling them and how tenacious you are with complaints. Come here first next time and spread the word to family and friends not to write your own appeals to scam PCNs, this blowing your own toes off by blabbing about who was driving.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 THREAD1 -
Do you still have your pay and display ticket showing the time by which you had to leave the car park? That could be a showstopper if it ever got to a court hearing. Who knows if it will get that far, your guess/crystal ball is as good as ours. Just so you know that, to date, Smart Parking have been reluctant litigants. But, when predators get (COVID) hungry, they need to eat ...... !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 Street2
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