Smart Parking Ltd

System

This discussion was created from comments split from: PCN challenge under Equality Act 2010.

fezzo

Hello. My Name is 'C'  I'm a recently new member.  Apologies if this should have been posted somewhere else,  I'm still trying to get accustomed with the website.  I'll try and summarise my situation as concisely as possible, ok here goes...

So back on 12 July this year i parked at a shopping centre car park administered by Smart Parking Ltd. 
Im the mother of a baby boy born in November  2023 and was out for a day shopping with my mum and grandmother.  
We overstayed the free parking time limit unintentionally by 15 minutes and a few weeks later I received a PCN in the post.  
After looking through the Citizens Advice Website under reasons to appeal PCN's i came across the Equality Act 2010 and decided to appeal the charge and cite that as a mother with a young baby i should be given more consideration regarding the time limit. This was my appeal response to Smart Parking Ltd and the one i also gave POPLA for my appeal.

  "Due to my circumstances as a single mother with a young baby it can be incredibly difficult for me to keep on top of everything.  I am constantly having to multitask and adapt as the situation presents itself at any given time.  This was particularly true on the 29th of June. 2024. 

Whilst trying my hardest to return to my car within the alloted time i was unable to keep to the time limit due to my duties as a mother taking priority.  

As i understand it is customary to allow a 10 minute 'Grace Period' for overstaying i therefore would like to highlight that i overstayed this grace period by 5 minutes. 

Due to my circumstances i would like to refer you to The Equality Act 2010 which states I should be treated with understanding and should not be discriminated against. 

I therefore ask you to cancel the parking charge.  

Should you wish to proceed with it I would be happy to state my case in court"

In hindsight i wished i had not appealed under these terms as since finding my way to this website which i was not aware of at the time i realise it would have been easier and more straight forward to appeal this had i used a different approach. 

The POPLA appeal was unsuccessful. They found that Smart Parking did not discriminate and the PCN was issued fairly.  
 I have since ignored the charge until a few days ago receiving a letter from 'Debt Recovery Plus' for a bill of £170
I am aware that i do not need to worry about these letters unless they decide to start taking legal action or send me a 'Letter before Action' however now that i have stated my reasons for not paying i am concerned i have made it much more difficult for myself to fight this and would like advice on how i can strengthen my case should they decide to take me to court in the future. 
Something i have also discovered since citing the Equality Act 2010 was that discrimination against mothers with young babies protects them under the act for the first 6 months since giving  birth and after that it's classed slightly differently as 'Sex Discrimination' from my understanding.  As my baby was 8 months old im concerned it may be harder to use this defence successfully. 
Since reading through posts on this forum i have picked up straight away that you should never allude to who was driving at the time the PCN was issued.  
Unfortunately my defence puts me with my car on the day of the PCN issue but does not name me as the driver. Could a defense be argued for me not to pay if i was the passenger on that day? 
Apart from that the only other defence i can think of from reading through the various websites is that the fine is disproportinate to the time I overstayed. I could also include that due to other vehicles using the car park on that day that i was held up leaving the car park  which could have scraped 5 or 6 minutes off the overstay. I could also collect witness statements from the other passengers to back this up.
None of this  however would of been stated in my original appeal though as i thought citing the equality act 2010 would be enough.  
Does anybody know of any precedents involving small claims courts throwing out PCN's under the Equality Act 2010 for overstaying due to me breastfeeding which was the reason for my short overstay?
Any advice would be much appreciated. 
As if i can start strengthening my defence now it would make me feel much better prepared should 'Smart Parking Ltd/Debt Recovery Plus  take action in the future.  

Kind Regards 

C 

Gr1pr

Hello and welcome to the correct forum here

Its a shame that you revealed or possibly implied who was driving to not so Smart,  especially as there was no keeper lliability due to their failings

The popla appeal on that basis was never going to win either, it should have said that the operator has no landowner contract at this site 

Ignore the debt collectors,  they are powerless,  nothing will happen 

Chances are that Smart would discontinue before any hearing, if they were to issue a claim 

My suggestion is plan A

Complain about the PCN directly to the retail park management company ASAP,  and or landowner,  citing what you said about the Equality Act 2010 etc,  insisting on a cancellation under the law,  yes you would probably win in court,  but that day won't come, you won't be paying a penny,  not with our help,  but no fibbing,  no lies,  only the truth, dont deny being the driver if you were driving 

The disproportionate argument died a death 9 years ago in the Barry Beavis test case

Please get on with plan A, Ignore the powerless debt collectors in the meantime,  stay here for advice,  don't fret about it 

fezzo

Thanks very much for your help.  I'll start drafting a letter to the management company and be in touch on here should any new developments take place.  

Kind Regards 

C 

Gr1pr

fezzo said:

Thanks very much for your help.  I'll start drafting a letter to the management company and be in touch on here should any new developments take place.  

Kind Regards 

C 

Also, copy in your local MP to complain about it too

Le_Kirk

Also start your own thread, it gets confusing trying to answer two (or more) posters on the same thread.

Gr1pr

Le_Kirk said:

Also start your own thread, it gets confusing trying to answer two (or more) posters on the same thread.

Agreed, I have already reported it to be split from the old case 

fezzo

Hello its C here again, I just wanted to give an update as to what's going on regarding my original post on 21st December 2024. 
I've contacted the Retail Park as advised to press for a cancellation and am awaiting their response and I have also received 2 more letters from  Debt Recovery Plus on behalf of Smart Parking. The letter today stated in a Bold heading "Notice of Intended Court Action" and then underneath it read" if you haven't paid in full or made arrangements to pay by 20/01/2025 we'll pass your file to our client with a recommendation that they take court action against you" 
Initially on reading the letter I understood it to mean they have started legal action but on second glance I can see they haven't yet,
however I am concerned that because of the rejected POPLA appeal (under the 2010 Equality Act) this may encourage them to follow through on their threat of court action. 
I am considering whether to reply to Smart Parking/Debt Recovery Plus with a formal letter of my own in response to their last 3 requests for payment stating that after having taken legal advice etc I have decided not to pay as I consider the PCN to be unfair/unlawful and then list to them the reasons under which i am refusing to pay. I would again cite the Equality Act 2010 but also several other reasons which I previously did not mention in my original POPLA appeal but which may also count as mitigating circumstances (such as being held up leaving the car park and the fine being disproportionate to the time overstayed) 
I basically want the letter to try and dissuade them from persuing me further as at the moment it feels like losing the POPLA appeal has given them a green light to press on full steam ahead.  
What would the forum's thoughts be on me writing this letter?
Also if this did get to court would we be talking about Smart Parking going through the 'Small Claims Court'?
And lastly although i appealed the PCN originally under the Equality Act 2010 to POPLA and subsequently it was rejected could i/ should i/ can I use another argument at court as mitigation alongside the Equality Act 2010 to ensure more chance of a successful outcome? 

I would also like to apologise if this has been posted in the wrong place again.  ( not very tec savvy) 

Kind Regards 

C

KeithP

The fourth post of the NEWBIES thread explains exactly how to deal with debt collector's letters, but to summarise that post - ignore them.

Coupon-mad

Nothing will happen with Smart Parking.

...would we be talking about Smart Parking going through the 'Small Claims Court'?

No, that never has happened. They don't sue people (at the time of replying to you now).

I am considering whether to reply to Smart Parking/Debt Recovery Plus.

Don't. You are taking them too seriously! Did you miss the pics of the £170 letters already shown in the 4th post of the NEWBIES thread? Have a look. Have a laugh!

Your successful outcome will simply be by sitting tight. Do nothing except the below.

By going confidently into the 'ignore' stance, the only steps to take (because you MUST check every letter) are:

- Tell them if you move house within 6 years.

- Ignore the tedious £170 threatograms shown in pictures in the 4th post of the NEWBIES thread.

- Come back if you get a solicitor's LBC as per the 2nd post of the NEWBIES thread.

Nobody pays a penny and no hearing is even needed in most cases. Search the forum and read a few cases as they are easy to beat by waiting for a claim form - it is easier than appealing!  And Smart Parking are not litigious anyway.

There is no risk AT ALL in defending a court claim, if ever Smart change the habit of a lifetime. No CCJ. No bailiffs. Nothing bad by following our advice.

P.S: I presume you are not in Scotland?

fezzo

Thanks for all the replies and advice.  No im in England. Im feeling much more reassured now.  I'll  check the newbies thread now 

Thanks everyone 

C