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Small Area Of Public Multi-storey Was Private - Not Clearly Marked

Chestbrah
Chestbrah Posts: 31 Forumite
Fifth Anniversary 10 Posts Name Dropper
edited 21 November 2024 at 2:42PM in Parking tickets, fines & parking
Hi,

I recently parked within a public multi-storey car park that I have used multiple times (albeit never parked in this area). I returned to find a PCN from SMART Parking on my windscreen.

The contravention being put forward is not having a valid permit to park in this area of the car park. 

There are no clear markings on the floor showing which spaces are private compared to public, the only signage I found after seeing the ticket on my windscreen is overhead. The same signage which when I parked, I presumed was referring to needing to purchase a ticket - which I did as normal, not realising that my ticket was not valid in this area of the car park.

I have attached photos to make it easier to understand. Supposedly, outside of the yellow girder is public parking, inside the yellow girder is private. You can also see the pay machine I have used which is not valid for these spaces. With having used this car park multiple times and not knowing a private section even existed, I have completely missed this.

The only difference I can see from looking after receiving the ticket is that these spaces are numbered, whereas the public spaces are not.

Have I been blind here or am I right to appeal?



I don’t think this is marked clearly enough at all.
«1345

Comments

  • Fruitcake
    Fruitcake Posts: 59,506 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Appeal using the text in this post by regular poster Grizebeck.

    Smart parking ticket — MoneySavingExpert Forum
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  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
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    As above but don't appeal now unless you are using a lease car etc. If not wait for the notice to Keeper in the post.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I agree.

    BTW did you see the yellow CMS sign on the left of the machine? Any more like that in the Smart Parking area? Not that you need it.  Smart Parking are the easiest to beat.
    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
  • Grizebeck said:
    As above but don't appeal now unless you are using a lease car etc. If not wait for the notice to Keeper in the post.
    To clarify, if you have a car on PCP this doesn’t apply is that correct?

    Also, I’ll be honest I didn’t see the CMS sign until after when reviewing my photos. No othet CMS signs in the area.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Chestbrah said:
    Grizebeck said:
    As above but don't appeal now unless you are using a lease car etc. If not wait for the notice to Keeper in the post.
    To clarify, if you have a car on PCP this doesn’t apply is that correct?

    Also, I’ll be honest I didn’t see the CMS sign until after when reviewing my photos. No othet CMS signs in the area.
    Depends - is your name on the logbook?
    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
  • Chestbrah said:
    Grizebeck said:
    As above but don't appeal now unless you are using a lease car etc. If not wait for the notice to Keeper in the post.
    To clarify, if you have a car on PCP this doesn’t apply is that correct?

    Also, I’ll be honest I didn’t see the CMS sign until after when reviewing my photos. No othet CMS signs in the area.
    Depends - is your name on the logbook?
    Registered keeper yes
  • Umkomaas
    Umkomaas Posts: 43,877 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Chestbrah said:
    Chestbrah said:
    Grizebeck said:
    As above but don't appeal now unless you are using a lease car etc. If not wait for the notice to Keeper in the post.
    To clarify, if you have a car on PCP this doesn’t apply is that correct?

    Also, I’ll be honest I didn’t see the CMS sign until after when reviewing my photos. No othet CMS signs in the area.
    Depends - is your name on the logbook?
    Registered keeper yes
    Then you should receive the Notice to Keeper from Smart, not the PCP organisation. Wait for its delivery between 28 and 56 days after the parking event. 
    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
  • Umkomaas said:
    Chestbrah said:
    Chestbrah said:
    Grizebeck said:
    As above but don't appeal now unless you are using a lease car etc. If not wait for the notice to Keeper in the post.
    To clarify, if you have a car on PCP this doesn’t apply is that correct?

    Also, I’ll be honest I didn’t see the CMS sign until after when reviewing my photos. No othet CMS signs in the area.
    Depends - is your name on the logbook?
    Registered keeper yes
    Then you should receive the Notice to Keeper from Smart, not the PCP organisation. Wait for its delivery between 28 and 56 days after the parking event. 
    Sorry, should I wait for the notice to keeper to come in the post or wait until day 25 as the sticky states?
  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    Await the NTK
  • Umkomaas
    Umkomaas Posts: 43,877 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    For a Smart ticket, just await the NtK, then we'll tell you the easy way to beat it. 
    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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