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Smart Parking LTD - Anything I can do

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jefferson89
jefferson89 Posts: 70 Forumite
Second Anniversary 10 Posts Name Dropper
edited 3 February 2023 at 5:50PM in Parking tickets, fines & parking
Hey all, apologies if this has been said a million times, i have checked the forum but the post back in 2021 i'm not quite sure where to even start. But I received Parking Charge Notice from Smart Parking Limited at Bentley Bridge for £100, but it will be reduced to £60 if paid in 14 days.  It was because i stayed longer than the free 3 hours. although it was always free at Bentley bridge, i never knew it had changed. But is there anyway to appeal this?

In addition to this i want to add, that date inqestion when it happened was on the 6th Jan 2023 and I got the notice via the post today 3rd feb 2023.  The registered keeper was not the one driving or in the car for that matter.  On the PCN they have sent pictures of the back and front of the vehicle and the times it was for arrival and departure.

thank you
«13

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 February 2023 at 4:23PM
    You need to be reading the opening post on the NEWBIES thread.

    Send the parking company the blue text template appeal easily found there.

    Send it from the vehicle's keeper.

    Do not give away the driver's identity.
  • Coupon-mad
    Coupon-mad Posts: 151,711 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Smart are soooo easy to beat as long as you don't say who was driving, obviously.
    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
  • KeithP said:
    You need to be reading the opening post on the NEWBIES thread.

    Send the parking company the blue text template appeal easily found there.

    Send it from the vehicle's keeper.

    Do not give away the driver's identity.
    Hello, thank you for getting back to us, in regards to your response, it appears that i would be attaching the blue text as such:

    "I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

    There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle."

    You mention in your post to "send it from the vehicle's keeper" . In regards to this do you literally mean send as: "From The Vehicles Keeper " or do you mean literally put the vehicle keepers name, which would be my wife. As she is the registered keeper, but i was the one who got the fine.

    Thank you and appreciate all the help.
  • Coupon-mad
    Coupon-mad Posts: 151,711 Forumite
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    edited 3 February 2023 at 7:12PM
    The appeal is done with the same name and address Smart already have (your wife).

    Clearly not you - so glad we stopped you ruining your wife's guaranteed win!  You have now read the NEWBIES thread so you know why not to name the driver.

    I'd remove the sentence about Pay & Display machines and replace it with:

    I was not driving.  Your NTK is non-POFA.  Off you crawl back under your stone.

    It isn't a fine. Read any Smart threads; search the forum.  A cinch!
    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
  • The appeal is done with the same name and address Smart already have (your wife).

    Clearly not you - so glad we stopped you ruining your wife's guaranteed win!  You have now read the NEWBIES thread so you know why not to name the driver.

    I'd remove the sentence about Pay & Display machines and replace it with:

    I was not driving.  Your NTK is non-POFA.  Off you crawl back under your stone.

    It isn't a fine. Read any Smart threads; search the forum.  A cinch!
    Hey Pal thanks for this. I just want to pick your brains further as more has come to light.  So basically what has happened is, the smart parking ltd at Bentley bridge retail park offers 3 hours free parking, but I (the husband ) was there for 4 hours using the gym. I did this as another part of the complex is actually free so I assumed it all was. But anyway I spoke with my gym (Puregym manager and the security office on the car park) they mentioned about if I can prove I was using facilities on the retail park (which I can) in my appeal it can help get it over turned. Now they never said this 100% will get it over turned but gave me the vibe, this has happened before, they know of it and that's the way to go. My question is which is the best way to go about it. Your way or their way? As I don't want to blow my chance of getting guaranteed positivity result?

    Thank you for all the help. Very new to this and just trying to shoot my best shot.
  • Umkomaas
    Umkomaas Posts: 43,355 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The appeal is done with the same name and address Smart already have (your wife).

    Clearly not you - so glad we stopped you ruining your wife's guaranteed win!  You have now read the NEWBIES thread so you know why not to name the driver.

    I'd remove the sentence about Pay & Display machines and replace it with:

    I was not driving.  Your NTK is non-POFA.  Off you crawl back under your stone.

    It isn't a fine. Read any Smart threads; search the forum.  A cinch!
    Hey Pal thanks for this. I just want to pick your brains further as more has come to light.  So basically what has happened is, the smart parking ltd at Bentley bridge retail park offers 3 hours free parking, but I (the husband ) was there for 4 hours using the gym. I did this as another part of the complex is actually free so I assumed it all was. But anyway I spoke with my gym (Puregym manager and the security office on the car park) they mentioned about if I can prove I was using facilities on the retail park (which I can) in my appeal it can help get it over turned. Now they never said this 100% will get it over turned but gave me the vibe, this has happened before, they know of it and that's the way to go. My question is which is the best way to go about it. Your way or their way? As I don't want to blow my chance of getting guaranteed positivity result?

    Thank you for all the help. Very new to this and just trying to shoot my best shot.
    If you do any of that you essentially identify the driver - DO NOT DO THAT IN A SMART PARKING CASE. This is your wife's PCN to deal with, so you please keep well clear of getting involved (you can do all the drafting, but ALWAYS in your wife's name). Trust us, do it our way and your wife will get a cancellation because Smart do not use PoFA to transfer liability from the driver to the keeper. They will never know who the driver was unless you let the cat out of the bag by trying to follow some well intentioned, but hopelessly futile advice from the gym. Let the gym concentrate on pumping iron, we concentrate on pumping private parking firms! Do as we advise and Smart will have no room to manoeuvre, other than to cancel the ticket. 
    Hey Pal thanks for this.
    Just so you know, @Coupon-mad is a lady - not sure what the female version of a 'Pal' is though!
    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
  • Mouse007
    Mouse007 Posts: 1,062 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 3 February 2023 at 8:22PM
    Umkomaas said:
     - not sure what the female version of a 'Pal' is though!

    A palette? (as in Lad ---> Ladette) which in Manchester it is shortened to pet.

    BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”


    Please email your PCN story to watchdog@bbc.co.uk they want to hear about it.
    Please then tell us here that you have done so.

  • Umkomaas said:
    The appeal is done with the same name and address Smart already have (your wife).

    Clearly not you - so glad we stopped you ruining your wife's guaranteed win!  You have now read the NEWBIES thread so you know why not to name the driver.

    I'd remove the sentence about Pay & Display machines and replace it with:

    I was not driving.  Your NTK is non-POFA.  Off you crawl back under your stone.

    It isn't a fine. Read any Smart threads; search the forum.  A cinch!
    Hey Pal thanks for this. I just want to pick your brains further as more has come to light.  So basically what has happened is, the smart parking ltd at Bentley bridge retail park offers 3 hours free parking, but I (the husband ) was there for 4 hours using the gym. I did this as another part of the complex is actually free so I assumed it all was. But anyway I spoke with my gym (Puregym manager and the security office on the car park) they mentioned about if I can prove I was using facilities on the retail park (which I can) in my appeal it can help get it over turned. Now they never said this 100% will get it over turned but gave me the vibe, this has happened before, they know of it and that's the way to go. My question is which is the best way to go about it. Your way or their way? As I don't want to blow my chance of getting guaranteed positivity result?

    Thank you for all the help. Very new to this and just trying to shoot my best shot.
    If you do any of that you essentially identify the driver - DO NOT DO THAT IN A SMART PARKING CASE. This is your wife's PCN to deal with, so you please keep well clear of getting involved (you can do all the drafting, but ALWAYS in your wife's name). Trust us, do it our way and your wife will get a cancellation because Smart do not use PoFA to transfer liability from the driver to the keeper. They will never know who the driver was unless you let the cat out of the bag by trying to follow some well intentioned, but hopelessly futile advice from the gym. Let the gym concentrate on pumping iron, we concentrate on pumping private parking firms! Do as we advise and Smart will have no room to manoeuvre, other than to cancel the ticket. 
    Hey Pal thanks for this.
    Just so you know, @Coupon-mad is a lady - not sure what the female version of a 'Pal' is though!
    Thank you very much for this. That is how it will be handled I will most likely be doing the drafting up and put it in my my wife's names and leaving me well clear. 

    Lastly can I ask, I have made this mistake a few.more times after this and I am expecting a few.more.toncome through the post in coming days since it has taken smart over a month to get the PCN posted out me.  If more do come should I just rinse and repeat what has been advised or should I wait for all of them to come at once and then possibly that has a different approach?

    To add insult into injury the time they give you to pay it early to avoid the full £100 fine is already 8 days lapsed despite getting it today. Can see that it is clearly a scam
  • Coupon-mad
    Coupon-mad Posts: 151,711 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Rinse and repeat.  Do not miss any!

    Guaranteed win for the KEEPER.
    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
  • Thank you all very much, here is fingers crossed. I will keep all updated and should I get a successful outcome I will let you know and post the results to watch dog as someone suggested earlier.
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