DCB Legal Smart Parking Claim

freidafrog

Hello all

Thanks to the advice on the forum I made a successful POPLA appeal against a Smart Parking NTK in 2021. 

Unfortunately friends who were with us had moved house and missed the deadline for the appeal. 

They notified Smart Parking of the change of address. 

This arrived the other day. The MCOL website would not recognise the claim number or password so the registered keeper of the vehicle contacted the court who sent out the details of how to respond via email. An AoS has been submitted via email today. The claim will be defended in full.

The circs of the parking are almost identical to my own that generated a PC and NTK for both vehicles. I know I entered the car park 3 mins before paying online. Paid for one hour  and left the car park 7 mins after the expiry of the paid for hour. Their vehicles entering/parking/leaving times would be very similar. 

Please can you help with the wording of the paragraph of the defence that relates to the circumstances of the parking event? 

Thank you in advance 

freidafrog

Having checked my own POPLA appeal my PC was from Parking Eye yet my friends claim is from Smart Parking LTD. They definitely relate to the same day and car park. Are they the same company?

ChirpyChicken

No they are not the same company 

freidafrog

ChirpyChicken said:

No they are not the same company 

Odd. My friends claim definitely relates to the same day and same car park as my own PC and successful appeal. Wonder why mine was Parking Eye and theirs is from Smart Parking Ltd? 

Gr1pr

ChirpyChicken is correct,  it's 2 completely different companies, so same location on the same day cannot be true unless it's a shared car park  ( one near me is split 3 ways , 2 private,  one third council   )

Check out the BPA AOS members list,  separate distinct entries 

Checkout their Limited Company details at Companies House 

Tower Rd Newquay has been Parking Eye, a decade ago from memory,  so was Fistral Beach, or the Church , and possibly the golf club,  but these places do tend to change Parking operators at times,  so either you have incorrect information or its a split car park 

https://forums.moneysavingexpert.com/discussion/6173975/tower-road-newquay-pcn-with-smart-parking
Is 2020

It seems to me that in 2020 or earlier it became a Smart Parking site, nevermind the claim form POC date being 2021, so my thoughts are that your Parking Eye case was a different location in Newquay 

https://forums.moneysavingexpert.com/discussion/6275125/smart-parking-tower-road-newquay-cornwall
Is 2021

https://forums.moneysavingexpert.com/discussion/6489424/smart-parking-didnt-responded-for-appeal
is 2023

https://forums.moneysavingexpert.com/discussion/6634368/smart-parking-tower-rd-newquay-overstayed-appeal-turned-down
Is 2025

https://forums.moneysavingexpert.com/discussion/5677514/tower-road-newquay-parking-charge-notice
Is Parking Eye in 2017

There are 3 locations for car parking off Tower Rd , Newquay,  the Golf club,  Holy Trinity Church and Fistral Beach  ( the POC you showed us says Tower Rd, but which of the 3 locations is it ?  )

It cannot be Tower Rd because that is a very long public road under council control 

We have been fighting these companies a long time 



Smart Parking is an Australian business

Smart Parking Ltd is owned by several major shareholders, with the largest being Christopher Morris (26.01%), followed by Microequities Asset Management Pty Ltd. (14.77%) and Regal Funds Management Pty Ltd. (5.144%). Other significant shareholders include ICE Investors Pty Ltd. and Finico Pty. Ltd. 

Parking Eye is still a UK business but was bought out by Capita, later sold on

• Current Owners: A company owned by Macquarie and funds advised by MML Capital Partners purchased ParkingEye from Capita in a deal that closed in November 2018. 

freidafrog

APOLOGIES!! ChirpyChicken and Gr1pr!! I am a total idiot.

I was looking at the template I’d used (facepalm) 
it was actually smart Parking Ltd at Tower Road Car Park.

I’ve found my actual POPLA appeal in my inbox. 

Sorry for the confusion. 

Gr1pr

Thank you

I would assume that the actual location was the Golf Club off Tower Rd   ?  ( not the Church,  not the Fistral Beach site  ?  )

freidafrog

It was this one

freidafrog

Would it assist if a posted the section from my own POPLA appeal that details the circumstances?

I’ll suitably redact to ensure it doesn’t identify that date and times etc. 

I don’t want to give the lawyers a head start if they surf these forums… 

Gr1pr

So Fistral Beach which has been various parking companies overtheyears,  you could have mentioned it earlier to save the speculation  !

It doesn't change the standard defence template but could be useful for the WS stage sometime next year,  probably in 6 to 12 months, so maybe post it in 3 or 4 months on here

freidafrog

Gr1pr said:

So Fistral Beach which has been various parking companies overtheyears,  you could have mentioned it earlier to save the speculation  !

It doesn't change the standard defence template but could be useful for the WS stage sometime next year,  probably in 6 to 12 months, so maybe post it in 3 or 4 months on here

Sorry, the years go by and the memory fades. I had to go on street view to refresh my memory. 

The claim isn’t specific about location and just said Tower Road.