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Smart Parking LTD - Anything I can do

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  • Coupon-mad
    Coupon-mad Posts: 152,309 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 February 2023 at 1:57PM
    Yep, either Grizebeck's words or wording about it being a non-POFA NTK.  Or both those together!

    Smart Parking ones are so very simple to push over at appeal, that you don't need to complain to the landowner.  They can't win at POPLA as long as you do as advised and do not tick 'driver' when filling in the online appeal.

    You could not wish for easier ones, trust us!

    You are right that landowner complaint is 'Plan A' but that's for harder nuts to crack!  Not needed with easy ones like Smart, Horizon, Highview etc.
    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
  • jefferson89
    jefferson89 Posts: 70 Forumite
    Second Anniversary 10 Posts Name Dropper
    Hi Guys,

    So not to be that person who does not come back and let people know how the situation went.  So as things stood, we challenged the first notice we got on the back in feb, that was for a violation that happened early jan, using the text people suggested to us via their appeals process, we used this as our body copy to appeal them for anyone else in the future: "

    I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement. Please do not try any Group Nexus tactics of asking for driver details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability, the liability cannot flow from the driver to the keeper and thus is an auto-win via POPLA.

     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. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw..   "

    We got a letter back from them in late feb stating the following: "Thank you for your recent communication, we have noted the points you have raised and would like to confirm that the parking charge notice detailed above has now been cancelled.  Your sincerely smart parking".  

    We decide to hold of as we were expecting a few more notices to come through but as of yet nothing has come through, but wanted to give them a good amount of time as they seem to post out a month late to bully you into paying the the supposedly reduced "helping you out" fee.

    I would like to thank everyone who helped me in this issue and put up with all my questions, you were all great to something that seemed it was going to be a massive headache with a big cost that we just didn't need.

    truly thank you and take care.
  • Umkomaas
    Umkomaas Posts: 43,402 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thank you so much for the feedback, it is really helpful, especially when the initial appeal to Smart Parking is much less conventional than the standard initial appeal for other PPCs. It's good to know that it still seems to work. Good stuff. 
    So not to be that person who does not come back and let people know how the situation went.
    You'd be surprised at how many just CBA, despite volunteers giving their time f.o.c. to help them with their problem. 'Take all, give nothing' generation!
    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
  • Coupon-mad
    Coupon-mad Posts: 152,309 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 May 2023 at 12:55PM
    Easy when you know how! Nicely done.

    And we sincerely hope that you are au fait with the need to respond to the final Government Public Consultation this Summer?

    Anticipated July/August.

    We all need to ram the nail in the coffin of £100 charges for minor issues and the false £70 'DRA fee' add-on, that you would have seen added had you not done our appeal.  The truly extortionate add-on of £70 per PCN is NOT a real 'debt resolution fee' and in fact it directly funds the court claim and toxic CCJ culture, as well as the DRA and roboclaim 'legals' gaslighting of people.  You avoided all that but millions of motorists aren't so lucky.

    Please come back here when it opens.

    If you are not a regular reader, to be alerted you'll need to bookmark the thread by MSE_JC at the top of the forum and enable (on your profile) email alerts for bookmarked threads.

    Then join us when the Consultation opens. ...PLEASE!  We need all MSE victims if this horrific harassment and bullying to be heard.
    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
  • jefferson89
    jefferson89 Posts: 70 Forumite
    Second Anniversary 10 Posts Name Dropper
    Easy when you know how! Nicely done.

    And we sincerely hope that you are au fait with the need to respond to the final Government Public Consultation this Summer?

    Anticipated July/August.

    We all need to ram the nail in the coffin of £100 charges for minor issues and the false £70 'DRA fee' add-on, that you would have seen added had you not done our appeal.  The truly extortionate add-on of £70 per PCN is NOT a real 'debt resolution fee' and in fact it directly funds the court claim and toxic CCJ culture, as well as the DRA and roboclaim 'legals' gaslighting of people.  You avoided all that but millions of motorists aren't so lucky.

    Please come back here when it opens.

    If you are not a regular reader, to be alerted you'll need to bookmark the thread by MSE_JC at the top of the forum and enable (on your profile) email alerts for bookmarked threads.

    Then join us when the Consultation opens. ...PLEASE!  We need all MSE victims if this horrific harassment and bullying to be heard.
    yes i am fully happy to help get this heard in any type of appeals process when needed. keep me updated.
  • Umkomaas
    Umkomaas Posts: 43,402 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    yes i am fully happy to help get this heard in any type of appeals process when needed. keep me updated.
    Please set up an auto-update to ensure you get the heads up when the announcement is made. Follow the advice given by @Coupon-mad, as in her post, viz
    If you are not a regular reader, to be alerted you'll need to bookmark the thread by MSE_JC at the top of the forum and enable (on your profile) email alerts for bookmarked threads.
    That way you'll be one of the first to be alerted. 
    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
  • I parked here for an hour and twenty minutes on July 28th, paid for 2 hours, cash in meter, ticket on dashboard. On Sept 1st received Parking Charge Notice, supposedly issued on 24th August, To pay £100 or £60 within 28 days. I was amazed how many people had exactly the same experience.
    I will not be bullied. I have appealed to Smart Parking, not optimistic. A Penalty Charge Notice or PCN issued by the council or police has to be issued within 28 days, you have to pay, it is genuine. A PARKING charge notice is not a fine, it is an invoice. It is not a PCN and if nothing was put on your car at the time they have 14 days to issue it. It is out of time. If they try to enforce it I will appeal to POPLA and if that fails I will see them in court.
    They wait as long as possible so you are more likely to have forgotten whether you paid, or lost your ticket. They call it a PCN to make you think they have 28 days, and manipulate the dates of postage so it looks as if they are within this. Doesn't take 8 days for a letter to arrive! They threaten that you will lose the reduction to £60 if you appeal. They cannot do this. If it is under appeal, with them or POPLA or court they cannot increase the amount to £100 until they win, if they do. They are bullies.
    Fighting this tooth and nail. You will find me on Facebook if you had a similar experience and want to message me. I have already emailed Picton who own the site, and all retailers based there. News papers and MP will be next.
    They just depend on people rolling over and paying the £60 in case it goes up to £100. They need to be stopped!

    I posted the above review on Trustpilot. 
    As long as people keep handing over their money, they will keep doing it. We have to make a stand. Like most people I no longer have the ticket, however I entered my reg so presumably it is recorded somewhere, also prob CCTV? Regardless, what happened to 'innocent until proven guilty'? If they show me a photo of my dashboard with no ticket or an expired ticket I will apologise and pay up.
    Come on Martin Lewis, we need you on this. 
  • Umkomaas
    Umkomaas Posts: 43,402 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 September 2023 at 11:21AM
    Come on Martin Lewis, we need you on this
    Why Martin when we've got @Coupon-mad?  Leave him to ferret out the £5 off discounts.

    Do you need help with your parking charge - because I don't think you have all the right facts at your fingertips - if so, please start a new thread of your own. Smart Parking are one of the easiest PPCs to blow into the dust. 

    Good that you are likely to involve your MP and local Press. 👍

    EDIT - just seen that you have started a new thread for this. Help incoming.
    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
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