Multiple PCNs from Smart Parking whilst an employee of restaurant on site.

rooo

I have trawled the forum but couldn’t find any other case quite like this, but apologies if it has been discussed before.

My eldest child has been hit with multiple PCNs from Smart Parking due to exceeding the free time limit whilst at work for a restaurant on the retail park they control. 

The normal procedure would be for the restaurant to ‘whitelist’ the car reg so PCNs aren’t issued but for whatever reason, this didn’t happen. 

Previously, when there was a delay in the reg being whitelisted (child has worked multiple sites) the restaurant got the PCNs cancelled. This time, they seem unable to be able to do this.

We have made a short initial appeal to Smart Parking on the basis that person was an employee and the PCNs should be cancelled (which we now realise was a mistake) and they have declined the appeal.

We are trying to escalate this with the restaurant senior management but it doesn’t seem to be going very far and it’s frustrating waiting for someone else.

We would like to take some action and appeal to IAS (which may be fruitless I understand) but at least take things into our own hands rather than waiting.

Does anyone have advice on next steps, or changes we could make to the template please?

Gr1pr

There isn't an IAS appeal template 

But do read through the IAS decisions thread by coupon mad,  studying their appeals and the decisions 

rooo

Thanks. Do we need to do this appeal in advance of any letter before action by Smart Parking?

Also, the land owner changed (sold to another company) after the PCNs were issued. Does this have any bearing on the potential case?

Half_way

Gr1pr said:

There isn't an IAS appeal template 

But do read through the IAS decisions thread by coupon mad,  studying their appeals and the decisions 

Is that the one where the IAS "adjudicator" commented on a "beautiful dog "  Might be worth throwing  a random picture of a dog, puppy, or even a baby to see if the AI, er, adjudicator makes a similar. comment.
It will all help to build evidence on the IPC/IAS

Car1980

Forget the IAS.

Previously, when there was a delay in the reg being whitelisted (child has worked multiple sites) the restaurant got the PCNs cancelled. This time, they seem unable to be able to do this.

They have set a precedent there. They may have also attempted to whitelist, but nothing to stop Smart simply ignoring them, even if it does breach their contract with the landowner.

What does your offspring's contract with their employer state?

Smart Parking PCNs eventually get sent to DCB Legal, who make court claims, but discontinue them. They are likely to go to a hearing for 3+ PCNs though, even though they are unlikely to win and you don't need the hassle.

Drafting a formal letter to all parties might be a good idea as it will create some evidence should you need it. 

But see what the employment contract says.

Coupon-mad

Forget the IAS. Utterly pointless.

Just ignore this until your son gets a claim but obviously update them if his address changes because he can't miss seeing it & defending. It's easy but vital to do.

No CCJ is risked if he follows our advice.

He should take photos of the signs and the VRM exemption book or screen to show how hit & miss it is for staff.