SMART PARKING PARKING CHARGE: ADVICE SOUGHT

1winglow

Hi All

I am new here and have spent some time reading through the numerous threads relating to Parking Charge Notices etc. I have some specific questions relating to the circumstances relating to this matter as it will influence exactly how I contest this charge.

1. The alleged incident happened on 27 April 26. The notice was issued 13 April 26. It was actually received on 18 April 26. Even if receipt was theoretically assumed to be 14 April 26, is the NTK invalid as it was received more than 14 days after the alleged incident, and accordingly does not comply with POFA requirements?
2. The NTK makes no reference to POFA 2012; but surely Smart are relying on POFA in order to pursue the keeper?
3. The driver was in an unfamiliar area and was late for an important appointment and entered the car park in error. They could not pay the parking fee as they had no coins and their phone battery was flat. The driver left the car park (11 mins after entry), charged their phone at a third party location and returned to the car park on foot (approximately one hour later). They attempted to call the number on the parking sign; but call was unanswered after 2 mins duration. A payment was then made via the RingGo App at 11:49. The attached receipt details the time, vehicle registration and parking location reference (21512).
4. Notwithstanding the payment was made late, is the payment adequate consideration in terms of the contract?
5. The signs displayed in the car park refer to full terms and conditions; but they are not displayed.
6. The signage shows Smart is a member of BPA but the NTK says they are an IPC approved. Does this contradictory information carry any weight in terms of the validity of the signage (BPA website suggests Smart are no longer BPA members)?

In summary, what’s best way to proceed with rejection of the claim:

i) NTK invalid.

ii) Payment (late) made;

but consideration adequate.

iii) Use both of the above.

I appreciate any rejection is likely to be rebuffed; but I think there is merit in building a defence in advance of potential court proceedings.

Gr1pr

13th May, not April !

Try and appeal if you want, but plan A is always the best option, not any appeals

At the moment they always discontinue money claims

Here is a similar case below

https://forums.moneysavingexpert.com/discussion/6666902/smart-parking-issues-advice-please

1winglow

Thank you for that Gr1pr. Yes, my typo error: NTK issued 13 MAY.

Do you have any thoughts on the specific fact that a payment for 1 hour was made for an actual parking duration of 11 mins-admittedly late?

Coupon-mad

There's no appeal worth trying with an IPC firm. Don't bother.

Try a firm complaint to whichever property company appears at the entrance or online, as running the retail park.

You'll never have to pay this. It gets even easier to see off if you await the DCB Legal Claim Form!

Gr1pr

If full payment was made by the driver for the full amount of time spent on the site, the requiring early prompt payment was banned last year, see the current Joint Code of Practice on the IPC website

The fact that the driver left and returned later may alter the saga, but if full payment covered everything then you certainly should win in the end, but I doubt that it would get that far, they never do with Smart Parking

That sign says nothing about when to pay