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Smart Parking notice

I have recently received a letter from Smart Parking about a parking charge for staying between 17:19 to 21:06. The contravention happened on 09/08 the date issued is 19/08 and I have received the letter in the past couple of days

I had paid for Parking and even extended my parking ticket by purchasing additional time when I realised I would be staying slightly longer.

The issue arises from the parking meters not working properly when I first entered the park. The time taken whilst my parking ticket was being processed and then failed on multiple attempts and multiple parking meters meant by the time I finally found a parking meter that worked and queued until it was free perhaps 20ish mins had passed. Smart Parking are using automated cameras on arrival and departure to mark the timings and seem to be quite strict on this.

Quite apart from wasting my time and being an inconvenience I dont feel its fair to pay a parking fine for Smart Parking not keeping sufficient machines working and bearing in mind I've paid for Parking, had even extended it and my parking was correct for my departure time


Comments

  • I would like to contest this and would greatly appreciate some advice and pointers.

    Thanking you in advance!!
  • James_Poisson
    James_Poisson Posts: 119 Forumite
    100 Posts Name Dropper
    You do not have a "fine" it's a charge for alleged breach of contract from a bunch of greedy chancers.
    Read the newbies thread where you will find it all explained.
  • I have drafted the following response including using a bit of Chat GPT and the initial draft text in the thread for newbies.

    Would appreciate a once over just to confirm I am not misstepping with anything mentioned.

    Subject: Appeal Against Parking Charge Notice – [Insert PCN Reference Number]

    Dear [Parking Company Name],

    I am writing to formally dispute the Parking Charge Notice (PCN) issued to my vehicle (Registration Number: [Insert Vehicle Registration Number]) on [Insert Date], as the keeper of the vehicle. I deny any liability or contractual agreement and believe this charge to be unjustified due to the following reasons:


    1. Failure of Parking Meters at the Location

    On the date in question, the driver attempted to pay for parking using the on-site payment machines. Multiple machines (two to three) were found to be faulty or not accepting payment, and only after a considerable delay (approximately 20 minutes) was a functioning machine located.

    This delay — caused solely by the operator’s failure to maintain sufficient working meters — meant that when payment was eventually accepted, the ticket issued automatically adjusted the end time. The alleged “overstay” therefore results directly from the parking company’s failure to provide adequate, working facilities for payment, not from any fault of the driver.

    It is unreasonable and unfair to penalise motorists for circumstances entirely beyond their control.


    2. Request for Evidence

    As the keeper, I require you to provide the following evidence in full:

    • A close-up, dated photograph of the signage at the site that you allege formed a contract with the driver on the material date.

    • Images of the vehicle on the date in question.

    • The full machine payment records from that day, showing partial VRNs, to demonstrate the driver’s payment and explain how the alleged overstay was calculated, especially in light of the faulty machines.


    3. Grace Period and Landowner’s Agreement

    If the allegation concerns an alleged overstay, I require evidence of the actual grace period that has been agreed with the landowner. The British Parking Association Code of Practice makes clear that a reasonable grace period must be allowed both for finding a parking space and for leaving the car park after a paid-for period has ended.


    4. Complaint Regarding Predatory Conduct

    I also wish to raise a formal complaint about your company’s conduct. Issuing a PCN in circumstances where faulty payment machines directly impeded the driver’s ability to comply amounts to predatory and unfair behaviour. I will be bringing this matter to the attention of your client, the landowner.


    Conclusion

    Given the facts, the lack of adequate facilities provided by your company, and the failure to demonstrate any genuine contractual breach, I require that this Parking Charge Notice be cancelled immediately.

    I look forward to receiving your confirmation of cancellation or your detailed evidence in full, as requested above.

    Yours faithfully,

  • Car1980
    Car1980 Posts: 1,666 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 30 August at 7:08PM
    Ok, as long as you realise they won't cancel it and they won't fulfil your requests.

    Demanding money due to to an alleged contract but then refusing to reveal the contract is how it works in their world. 

    Ultimately you'll receive a court claim from DCB Legal who will ultimately discontinue.

    So don't pay and keep an eye out for a court claim next spring. 

    Bit always handy to show some evidence of their unreasonableness if you fancy pursuing them for costs after discontinuance.

  • ChirpyChicken
    ChirpyChicken Posts: 1,746 Forumite
    1,000 Posts Name Dropper Photogenic
    Non of that will work
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