Smart Parking appeal. Didn't actually park in car park.

Plumms55

Hi, I have spent some time researching what to do regarding a parking charge notice received from Smart Parking. I am appealing the charge as I did not park in the car park which I have been photographed entering and leaving by ANPR camera's. To explain, half of the car park is still in use.  The other half is a construction site behind 6ft hoardings. I am a contractor who was working on this site and had to cross the 'live' car park to gain entry to the site compound. At no time did I park in the car park - I only drove across it when arriving at 7am and leaving at 6pm.  Even though it haven't parked in the car park,  am I right in thinking that my best line of defence is to use the blue template in the newbies section? I also have correspondence from the site manager stating that my car was parked in the compound for the whole day. Should i include this with the template as supporting evidence? Any help would be appreciated.

D_P_Dance

Of course you should include it.  You did not park in the area they manage.  

Umkomaas

Yes, the blue template is the one to use, but, if you are a contractor, are you contracted to the landowner of the car park, if so why not contact them and ask that they intervene and get this cancelled?

Even if you're not working for the landowner, they must surely know that the access to the site at which you are operating is via their car park, then not only you, but potentially any other contractor will be ensnared by the landowner's parking weasels. Get in touch with the landowner, you've probably got time before the Smart 28-day appeal window closes (but don't miss that if you're not getting a landowner response in time). 

Even if the landowner won't play ball, this is just so easy to beat as Smart can't hold the vehicle keeper liable as they don't use the Protection of Freedoms Act 2012 (Schedule 4) through which to do so.  But the landowner cancellation is the silver bullet, so try that first. 

Plumms55

It would appear that after contacting the site manager today, this is not the first time that this has happened. I could have avoided this situation if I had been made aware of it when arriving. Having done a bit more research, it seems that anyone with a sign written van entering and leaving the car park in the same manner has not had a notification and previous charges have been reduced to an administration fee after some discussion. I was using a private car. 

Redx

Plumms55 said:

Hi, I have spent some time researching what to do regarding a parking charge notice received from Smart Parking. I am appealing the charge as I did not park in the car park which I have been photographed entering and leaving by ANPR camera's. To explain, half of the car park is still in use.  The other half is a construction site behind 6ft hoardings. I am a contractor who was working on this site and had to cross the 'live' car park to gain entry to the site compound. At no time did I park in the car park - I only drove across it when arriving at 7am and leaving at 6pm.  Even though it haven't parked in the car park,  am I right in thinking that my best line of defence is to use the blue template in the newbies section? I also have correspondence from the site manager stating that my car was parked in the compound for the whole day. Should i include this with the template as supporting evidence? Any help would be appreciated.

Just use the template , also adding a line that

The driver did not park on the site being monitored for the period alleged in the PCN but only drove across it to access the rest of the site , plus Smart have failed to comply with POFA so cancel the PCN

Do not infer or imply who was driving , appeal as keeper

Also follow plan A , a landowner complaint requiring a cancellation

nicestrawb

I think I'd politely let them know where they can stick their admin fee as well.

Fruitcake

Plumms55 said:

It would appear that after contacting the site manager today, this is not the first time that this has happened. I could have avoided this situation if I had been made aware of it when arriving. Having done a bit more research, it seems that anyone with a sign written van entering and leaving the car park in the same manner has not had a notification and previous charges have been reduced to an administration fee after some discussion. I was using a private car. 

I hope nobody has been feeding the scammers by paying the admin fee, no matter how small.

Coupon-mad

Smart ones are dead easy and the NEWBIES thread tells you why.  They cannot hold a registered keeper liable so do what the sticky thread says.

Plumms55

PCN cancelled. Thank you for your advice. The information and help provided is brilliant.

Redx

Plumms55 said:

PCN cancelled. Thank you for your advice. The information and help provided is brilliant.

As is the government law that protected you when Smart failed to comply with it !! 😁👍

Umkomaas

Plumms55 said:

PCN cancelled. Thank you for your advice. The information and help provided is brilliant.

Well done. What/who triggered the cancellation, the template appeal or the actual landowner?