Smart Parking - Parking Charge Notice Update

jass2k

Hello,

Firstly I would like to apologise for duplicating the thread, I initially posted in the main motoring section, I should have done it here. (Link to that thread - https://forums.moneysavingexpert.com/discussion/6300428/smart-parking-no-response-to-appeal)

Here are the details of the Parking Charge Notice issued to us by Smart Parking.

Date of Contravention - 28/08/2021

Location : The rendezvous, margate

They claim that parked without paying.  Which is not true.  I did enter the car park, however it was full and busy, so we had to go further into the car park, turn around and leave.

Entry Time Stamp is 13:43:25 and Exit Time Stamp is 13:54:19.  As I understand from posts made on my initial thread, there is a grace period of around 10 mins.  As you can see I am over that by around 54 seconds.

I have appealed to them, anxiously saying that we did not park inside the car park, if they think we did, then they should provide more proof.  I have not heard from them and tomorrow 30/09/2021 the fine goes up to £100 from £60.

On the Citizens Advice website it says the following -

If a notice to driver wasn’t left on the car, the parking company has to send a Parking Charge Notice to the registered owner - this is called a ‘notice to keeper’.

The notice to keeper must be delivered within 14 days after the last day of parking. If the notice to keeper isn’t delivered to you in time, tell the parking company you don’t have to pay the charge.

I looked at the letter again and it is dated for 16/09/2021.  Now do they count weekends when counting the 14 days, in which case, they sent this to me on the 18th day.  If not then I guess I am back to square one and have to pay.

If rules are rules, then I am over by 54 seconds and I will pay it, I have no issues with this.  I wanted some clarity on the 14 days.

Thank you and my apologies for the duplicate threads

D_P_Dance

It is not a fine and it cannot go up, they have added an unlawful £60.  Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0 WRT CAB, they are virtually useless in matters concerning these scams.  

,

jass2k

D_P_Dance said:

It is not a fine and it cannot go up, they have added an unlawful £60.  Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

,

I will contact him (even though he is useless).

On the letter is says, if I pay within 14 days, then it is £60, after which the discount period expires and I will have to pay £100 plus £10 admin charge and any other judicial expenses.

D_P_Dance

Unless the admin charge is on the signs it is likely to be unlawful.  Parsonally I would  avoid CAB, they are likely to give you incorrect advice.  

Coupon-mad

On the letter is says, if I pay within 14 days, then it is £60, after which the discount period expires and I will have to pay £100 plus £10 admin charge and any other judicial expenses.

But the NEWBIES FAQS thread tells you not to look at that.  And it tells you how to 100% win an appeal v Smart Parking by not rushing to appeal and saying who was driving or ticking that box.

The keeper had a slam dunk winning position...as long as the first appeal hasn't blown it.

jass2k

Coupon-mad said:

On the letter is says, if I pay within 14 days, then it is £60, after which the discount period expires and I will have to pay £100 plus £10 admin charge and any other judicial expenses.

But the NEWBIES FAQS thread tells you not to look at that.  And it tells you how to 100% win an appeal v Smart Parking by not rushing to appeal and saying who was driving or ticking that box.

The keeper had a slam dunk winning position...as long as the first appeal hasn't blown it.

I only found out about this forum threa couple of days ago.  The appeal was done couple of days after the letter was recieved.

Coupon-mad

And blabbed about driving?  If so, you  binned this winning point:

The notice to keeper must be delivered within 14 days after the last day of parking. If the notice to keeper isn’t delivered to you in time, tell the parking company you don’t have to pay the charge.

The CAB is utterly useless in their advice about private parking charges.  Hopeless advice above if they don't point out that the POFA '14 days rule' only applies if you don't blab about being the driver.

Such a cinch to win, for the keeper.

Tell us instead how you get on by trying PLAN A in the NEWBIES thread, if the keeper's nailed on winning position has been shot to pieces already.

jass2k

Coupon-mad said:

And blabbed about driving?  If so, you  binned this winning point:

The notice to keeper must be delivered within 14 days after the last day of parking. If the notice to keeper isn’t delivered to you in time, tell the parking company you don’t have to pay the charge.

The CAB is utterly useless in their advice about private parking charges.  Hopeless advice above if they don't point out that the POFA '14 days rule' only applies if you don't blab about being the driver.

Such a cinch to win, for the keeper.

Tell us instead how you get on by trying PLAN A in the NEWBIES thread, if the keeper's nailed on winning position has been shot to pieces already.

To be honest, I do not know who the land owner is.  I called a life boat shop who said it was the council, called the council, they have no clue.  Nobody at the council is being helpful at all.

D_P_Dance

Google how to find a landowner.

patient_dream

jass2k said:

D_P_Dance said:

It is not a fine and it cannot go up, they have added an unlawful £60.  Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

,

I will contact him (even though he is useless).

On the letter is says, if I pay within 14 days, then it is £60, after which the discount period expires and I will have to pay £100 plus £10 admin charge and any other judicial expenses.

Sadly there are many MP's who are useless. Sadly some of these bods get a minister position.  You need to make it very clear that as a voter you have a choice

The PPC is trying to scam you with a £10 admin charge .... that is rubbish

Covid has seen parking companies desperate for money ... this is another one.

Follow the experienced members on here to get rid of these idiots

D_P_Dance

IT IS A SCAM!