Smart Parking Ltd - Newquay

shiftypowers196244

Evening, we were issued a car parking ticket from Smart Parking in Newquay while on holiday. I appealed the ticket as I believe it is totally unjust as explained in my original email to them complaining of the ticket:

Dear Smart Parking,

I am writing to formally appeal the above Parking Charge Notice and request that it is cancelled.

The circumstances are straightforward and are supported by the evidence available to you.

The vehicle entered the car park at approximately 13:37pm. A period of time for "consideration" was then required to enter the car park, locate the relevant parking information, understand the terms and make payment. A parking ticket was subsequently purchased at 13:42.

I retain the original parking ticket as evidence. The ticket provided four hours of parking, with an expiry time of 17:42.

Your own ANPR/CCTV records confirm that the vehicle exited the car park at approximately 17:48.

Accordingly, the vehicle left the car park only six minutes after the expiry of the paid parking period and, importantly, within the applicable 10-minute grace period.

The IPC Code of Practice provides for a grace period at the end of a permitted parking period. The relevant guidance states:

“13.2 -A Grace Period is a 10 minute period at the end of a Permitted Period of Parking.”

It further provides that a grace period under clause 13.3 is not required for a permitted parking period of one hour or less where the signage makes this clear in a prominent manner. That exception clearly does not apply here, as the parking period purchased was four hours.

The principle is also reflected in the IPC's subsequent Code, which provides that a grace period must be allowed at the end of the parking period when calculating whether a parking charge is due.

Therefore:

Time of entry: 13:37
Time parking ticket purchased after consideration: 13:42
Paid parking period: 4 hours
Ticket expiry: 17:42
Applicable 10-minute grace period: until 17:52
Actual exit recorded by your system: 17:48

The vehicle therefore exited the car park four minutes before the end of the applicable grace period.

I would also point out that I have paid for the parking and have retained the original ticket as proof of payment. This is not a case where parking was undertaken without payment or where the vehicle remained substantially beyond the period purchased. The vehicle was removed from the car park within the grace period expressly provided for under the relevant parking industry Code.

Given the above, there is no reasonable basis for the Parking Charge Notice to remain outstanding.

I therefore request that you cancel the Parking Charge Notice in full and confirm in writing that no further action will be taken in relation to this matter.

I can provide a copy of the original parking ticket as evidence of payment if required (number 3673317), although I would expect the payment record and ANPR records held by Smart Parking to independently verify the above timings.

I look forward to receiving confirmation that the Parking Charge Notice has been cancelled otherwise we will contact the Independent Appeals Service about the issue above.

Yours sincerely,

I then received a letter from Smart Parking saying the following and that the appeal would not be accepted. Message below

20260913_231910.jpg

:

Dear ,
Parking Charge: SP62243290
Thank you for your recent communication.
Having considered your appeal in detail we have decided to uphold the Parking Charge (PC) as we
believe that it was correctly issued in accordance with the terms and conditions advertised within the
area concerned. As your appeal was received within the initial discount period, we have extended the
discount period until 29/09/2026.

Having noted your comments, we are satisfied that the Parking Charge has been issued correctly and
your appeal is rejected.
We can confirm that the Parking Charge was issued due to insufficient paid time. Our payment system
shows that 240 minutes was purchased against vehicle registration EG19BXU however, your vehicle
remained on site for a total of 250 minutes. Additional time can be purchased at any point during your
stay, before exiting the car park. As your vehicle was parked in excess of the parking time purchased,
the advertised terms and conditions have been breached.

You have now reached the end of our internal appeals procedure and therefore you now have two
options, you can pay or appeal further with IAS – you cannot do both.
The Appellant has the right to appeal to an Independent Appeals Service, (IAS) using the instructions
below. Please note, should you decide to appeal to the IAS, and your appeal is subsequently rejected,
the option to pay a discounted amount will no longer be available and the full amount of the PC will be
due.
If the appellant decides to appeal to the IAS, they will need to visit the website, https://www.theias.org/
where further details of how to appeal can be found. The appellant has 28 days from the date of this
letter to submit an appeal to IAS.

Can anyone confirm if I have a leg to stand on as I think I do but its £60 so I am thinking is it worth the hassle but I am alos thinking its damn unfair?

Any help or advice you can give would be greatly appreciated. Thank you!

Woodstok2000

The consideration period is not 'free' but is included in your parking time once you buy a ticket, not added to the grace period at the end.

Regardless, read the newbies thread, follow plan A and don't pay the scammers!

OldBugger

https://forums.moneysavingexpert.com/discussion/comment/82135613#Comment_82135613

In their rejection Smart have admitted that 240 minutes were purchased but the vehicle was on site for 250 minutes. That extra 10 minutes is covered by the grace period alone.

DO NOT PAY… even though it's discounted right now. That;s what they rely upon - the fact that paying is a lot less hassle than fighting, but by paying you are betraying all of us who fight.. If everyone who received a PCN from these cowboys refused to pay they would go out of business.

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/82135655#Comment_82135655

Time of entry: 13:37
Time parking ticket purchased after consideration: 13:42
Paid parking period: 4 hours
Ticket expiry: 17:42
Applicable 10-minute grace period: until 17:52
Actual exit recorded by your system: 17:48

Based on the timings OP was an site for 241 minutes, so 1 minute over the parking+grace period. These systems are automated with zero tolerance outside the minimums specified in the guidance, so that's why the ticket has been generated. The scammers just want to maximise revenue.

Coupon-mad

Yes but that's ignoring the CMA's Open Letter which told the sector to change their plainly unfair stance (pretending consideration periods are subsumed into the parking period of you elect to stay) in July.

It's now September and Smart have ignored the CMA. Quelle surprise.

So this is one to take to the IAS, citing the CMA's Open Letter which warned operators about this and told them to start complying with consumer law NOW. I think Smart won't contest it, once sussed and forced to justify this rubbish.

You'll never have to pay this invouce @shiftypowers196244