Smart Parking, again!

fisherjim

Artlover_101 said:

Thanks, fisherjim.

Two questions:   what is an OP?    and what is a PPC?

Kent County Council says that it believes strictly speaking it has neither control nor influence over Smart Parking Limited's practices unless they breach BPA parking standards or the law sufficiently to breach the terms of their lease.

The case is not a typical dispute over a wilfully unpaid ticket or an overstay, and this area of the law as discussed in this blog by experts is not my expertise. In the strict sense of the term contractually I did not "park" and was prevented from parking by Smart Parking themselves because their payment machine was out of order.  Smart Parking predictably refuses to enter into any discussion of the failure of their payment system, and for sure POPLA would equally decline showing interest.  I had to pay up or face the prospect of debt collectors pursuing me at a not too much later date.

Their claim that I entered their definition of their site at a certain time, and that I left it ten minutes and fifty seconds later, is correct and not available for dispute.  I am in the same position as someone charged with driving at 32.5 mph in a 30mph speed limit zone.  However there are multiple other irregularities which can only form part of a court action to go into sufficient depth.

Again you are wrong this is nothing like a speeding fine, and debt collectors are powerless, OP is Original Poster, and PPC is Private Parking Company.

You paid into a scam you need to move on, I shouldn't be engaging on this thread it isn't yours I will bow out!

Trainerman

Artlover_101 said:

Thanks, fisherjim.

Two questions:   what is an OP?    and what is a PPC?

Kent County Council says that it believes strictly speaking it has neither control nor influence over Smart Parking Limited's practices unless they breach BPA parking standards or the law sufficiently to breach the terms of their lease.

The case is not a typical dispute over a wilfully unpaid ticket or an overstay, and this area of the law as discussed in this blog by experts is not my expertise. In the strict sense of the term contractually I did not "park" and was prevented from parking by Smart Parking themselves because their payment machine was out of order.  Smart Parking predictably refuses to enter into any discussion of the failure of their payment system, and for sure POPLA would equally decline showing interest.  I had to pay up or face the prospect of debt collectors pursuing me at a not too much later date.

So what?? Save the paper for firelighters. In the case of PPcs and their PCNs, Debt collectors are powerless. They just make threats and false statements to bully/sucker people into paying. You did not have to 'pay up' at all

Their claim that I entered their definition of their site at a certain time, and that I left it ten minutes and fifty seconds later, is correct and not available for dispute. 
Yes, it is.
 I am in the same position as someone charged with driving at 32.5 mph in a 30mph speed limit zone. 
No, you are not
 However there are multiple other irregularities which can only form part of a court action to go into sufficient depth.

I am really concerned that a 'Newbie' might read this and be influenced. Debt collectors do not have that power, and most, if not all Private PCNs can be defended

Like Fisherjim, I am unhappy about responding on someone else's thread. Please start your own

LDast

Ladies and Gents, please read my signature and put this one to bed.

Coupon-mad

 I had to pay up or face the prospect of debt collectors pursuing me at a not too much later date.

But you didn't have to.

That's the point we are trying to make and to ensure other newbies don't think they have to pay. Post 4 of the NEWBIES thread covers the stage you were at.

Everyone here just laughs at the threatograms and there are no bailiffs involved, no CCJ. Nothing bad would have happened.  Paying this was a mistake, is all we are saying.

Artlover_101

Fair comments.  Thank you for your helpful kind thoughts.  There is more at stake than my own direct personal involvement in this one single event.  I have fought off other companies' bad practice wholly successfully in the past.   However Smart Parking is especially devious, mendacious and arrogant, which is saying something, the worst by far I have ever encountered or heard of, and deserves special attention which it is going to be receiving.  I'll get my £100 back and if, God forbid, that doesn't happen I'll get my £100's worth.

Coupon-mad

Best of luck, genuinely.

We know all about Smart's tactics and we all wish we could have stopped you paying them.

You may well succeed if you stick in a well-pleaded claim for a non-inflated amount because Smart aren't set up for litigation and will have go attend Mediation (which is now compulsory).*

Just don't make this such hard work in future if ever you get a private PCN, especially a really easy to kill one such as any PCN from Smart Parking!

* as an aside to the regulars:
one positive about compulsory Mediation is that it is more worthwhile to sue PPCs and (even better) landowner/retailers because it will make retailers think again about using a PPC if they feel forced to mediate and offer settlements... just a thought!

Has to be a case with a cause of action though: e.g. Equality Act breach, etc.

Not a first resort and certainly not suggesting people pay then sue for it back which is the wrong approach. Something for us to bear in mind though.

  

Artlover_101

I'll keep it short.  NatWest management wrote me a letter to say Smart Parking had taken £7.55 off my debit card on the day in question, 14th May. Their malfunctioning ticket machine did not issue a ticket and they fined me £100 instead three weeks later.

KeithP

Artlover_101 said:

I'll keep it short.  NatWest management wrote me a letter to say Smart Parking had taken £7.55 off my debit card on the day in question, 14th May. Their malfunctioning ticket machine did not issue a ticket and they fined me £100 instead three weeks later.

I too will keep it short...

When are you going to start your own thread about your predicament?

In the meantime... no-one has fined you.

JehutyPrime

I've had my first run in with these morons. Paid for a week's parking at the hotel I was staying; entered my reg no the tablet at reception; received multiple parking fines. Sent them the invoice from the hotel detailing my payment for parking; they refused to acknowledge it and told me I had to appeal. Each ticket. Separately. 

I did so and they rejected my appeal - despite acknowledging I had paid - because their system had no record of my reg number that is apparently on me. "This is the responsibility of the motorist to ensure that their full and correct vehicle registration mark is registered on the tablet provided".

Well I entered my reg number; I really don't see how I could have done more than that - there is no verification process and certainly no information stating that an incorrect reg number or system error will result in parking charges being issued.

These guys have been abhorrent at every turn - the person I've been exchanging emails with has never identified themselves and takes about a week to respond and has that smug air of someone who feels they are confident they are untouchable and can therefore behave like a scumbag.

I've got a fair amount of free time so intend to dedicate myself to making their lives as difficult as possible. So far I have:
Registered a complaint with the BPA
Registered a complaint with Trading Standards
Emailed the hotel chain HQ explaining this company is costing them business (their reception staff - bless them - are also appealing the ticket on my behalf ans said that they AS STAFF regularly receive parking fines they have to appeal)
I also found their CEOs (Paul Gillespie) email - paul.gillespie@smartparking.com Given how rotten this company is, I fully expect the rot starts with him; but I'll email him anyway, maybe some of you would like to do the same?

I'm considering setting up a website for Smart Parking victims to register their experiences; I'd ideally like build out a picture of all their sites where they have contracts to lobby every site owner, see if we can't lose them some business. Would be keen to get people's thoughts on this.

Grizebeck

why bother when Smart Parking are so easy to beat
Have you been given a popla code to use?
if so use it using the one line appeal text needed 
assuming you havent appealed to appealed then all tickets will be cancelled using the one line text