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Land owner changed since PCN of 4 months ago

Silversurreal
Silversurreal Posts: 69 Forumite
edited 23 April 2018 at 7:10PM in Parking tickets, fines & parking
Hi I was visiting and spending a lot of money in Poundstretcher Wymondham Norfolk and had no idea of any limits, just didnt see a sign (apparently it was for 90 mins) This is the only shop there and no other reason to use this car park. There is always only about 4 or 5 cars there as I go late at night just before they close

I apparently went 15 mins over this, I had 2 trolleys to steer full of Christmas presents, electricals foods toys furnishings pet goods homewares etc, I travelled 15 miles for their closing down sale

It was their last few days of trading. I had no idea of any parking charge until DRP sent me a £160 charge. The store has since been knocked down and a new LIDL built on the landI I suspect the land owner may be the same, but don't really know!

I visited the shop about 4 times in December as everything was half price and I bought up big! All the staff knew me, they even help me load the car as I have lots of heavy bulky items. Theyre very friendly and would always help me in any way and we chat for ages! Had I known at the time or someone had warned me of time limits I'd have asked them for an exemption or something! I can't contact anyone there now as the store doesnt exist any more!


Very unfair as I was a very genuine customer, my only fault it was dark and never saw the signs and bought so much I was in there over 90 mins

DRP 's threat letter was barely readable, had to really struggle to see the operators name on top right carbon type tiny printing (who are Smart Parking) as the letter was virtually unreadable and the times in and out were printed so finely they couldnt be read either

I still parked on private land I guess, but as Smart supposedly wrote to me at the same address DRP did and I never received it, I had no idea of what I had done until some 3 months later with the usual court threats etc!

I have ignored DRP as advised in sticky notes but appealed online to Smart (as when you call to speak to an operater they cut you off every time instead of transferring you) so only way was to view the ticket online - still not very clear as so dark at night!

Finally a reply by letter to correct address 3 weeks later. They are upholding the charge as I went 15 mins over and have taken all my points into consideration, but still want the money. Although they have referred back to the initial offer of reduced fine if paid in so many days. No apology for never informing me by letter(s) that I'd even received a PCN in time to give me time to pay a reduced fine, just the Debt collectors letter. as I said before. I guess them reducing it was them acknowledging that I was right they had ommitted sending one?

I probably will pay as they say they'll escalate it again to debt if I don't. They do refer to POPLA but say if my case fails I'll then be over the date allowed for the unknown discount and have to pay full amount..

Interestingly they dont quote any figures to pay, just an address or phone number to pay by, so I've no idea what this reduced fine is as they never send me an initial letter in the first place! There were one or two spelling mistakes in their letter too, but guess that's just me being pedantic!

Do I appeal to POPLA and risk becoming one of the unlucky cases who lose? And the worst thing that annoys me is I can't visit the store as it has been knocked down since December so no one there anymore to help or advise! I am gutted that the new land owners forced them to close by buying the land off whoever owned it for years, I got so many supplies in there and was my favourite and much used place to shop for so many things.

I drove over there the other week to look for signs, but as it was all being dug out and the car park was now a heap of mud, I have no idea if there were signs or not! I could see however a small white camera quite high up in middle of car park!

The shop didnt want to close down they were forced out a while ago because LIDL bought the land and they all lost their jobs! This was in the local press about 2 years ago when I lived in the area! The papers said LIDL had taken over the land. So they had fair warning. I guess although it is now being dug up, that the signs I never knew were there from 4 months ago were legal at the time!

I have had so many unfair PCNS over the last few years and have always managed to get out of them by writing direct or the store has offered to sort it out for me. Can I just say that ALDI are wonderful, they just take the letter and plug it into their internal system and you hear no more. LIDL on the other hand are not so nice, they forced my No 1 discount store out of business!

Advice from the experts on here. Do I now pay SMART even though DRP have hopefully backed off? and what is the amount I'm supposed to pay anyway?, I'm guessing £60 as that seems pretty standard. But how unprofessional to ask me to pay in a few days and nowhere in their paperwork does it state an amount!

Sorry I'm so long winded. I didn't intend to be, but I'm close to giving up on the battle. No one wants the shock of what they assume is a £160 fine and threats of court action out of the blue!

Do I write to Poundstretcher HQ as theres no longer any in this area. I'm sure its all too late and Smart say this is my last chance to deal with them! Cowboys for sure, but still legal, I blame the land owners.

In leaving,this page, do the parking company or the landowners get all this money they accrue off innocent shoppers? Be interested to know Thanks all in advance, this is a wonderful resource and without it I'd have probably panicked even more. I'm sure its saved lots of people money who would have just paid up! Kind regards Julia
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Comments

  • Redx
    Redx Posts: 38,084
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    most of the background shopping info is irrelevant and I cannot make out the wood for the trees in the way :)

    it seems to me that GRACE PERIODS in the BPA CoP cover your case, so if you have a POPLA code , use it , and include the usual suspects from the NEWBIES FAQ sticky thread , including no landowner authority, poor and inadequate signage , BPA CoP failures like the GRACE PERIODS (plural , as there are 2 of them) , and POFA2012 failures , plus anything else you can bung in there

    parking companies get the money from the PCN,s they issue, not the landowners , DRP add their fees on too, but IGNORE drp, they are powerless and sc@mmers who lie and cheat

    I would not pay either , plus it is NOT a "fine", its an INVOICE , a Parking Charge Notice, a private civil matter, not a criminal matter

    so NOT A "FINE"
  • Coupon-mad
    Coupon-mad Posts: 130,588
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    I probably will pay
    No, you won't, not now you are here! This is only Smart Parking, LOL! No-one pays them!
    They do refer to POPLA but say if my case fails I'll then be over the date allowed for the unknown discount and have to pay full amount
    Did you give away who was driving, when you appealed, or did you use a careful template as registered keeper, like the one in the NEWBIES thread?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 37,426
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    Of course you complain to Poundstretcher HQ.
    Send them copies of your receipts.

    You can easily find the landowner.
    Search for Gateway 11 Business Park, Wymondham.
  • <<<<Did you give away who was driving, when you appealed, or did you use a careful template as registered keeper, like the one in the NEWBIES thread?>>>>>


    Yes sadly I did because I wanted them to know what a good customer I was and that I was genuine. What is the reason you all say never to give away the driver? because I cant see what difference it makes, the car was still parked there!
  • KeithP
    KeithP Posts: 37,426
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    You need to read more of post #1 of the NEWBIES FAQ sticky thread.

    Particularly this bit:
    - this is why not to name the driver (thanks to The Slithy Tove for this explanation):

    http://forums.moneysavingexpert.com/showthread.php?p=69906180#post69906180
  • Umkomaas
    Umkomaas Posts: 41,252
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    Not naming the driver is one of the underpinning prerequisites in successfully fighting private parking charges. As above, the NEWBIES FAQ sticky, post #1 explains.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 130,588
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    <<Did you give away who was driving, when you appealed, or did you use a careful template as registered keeper, like the one in the NEWBIES thread?>

    Yes sadly I did because I wanted them to know what a good customer I was and that I was genuine. What is the reason you all say never to give away the driver?

    because I cant see what difference it makes, the car was still parked there!

    Appealing as keeper would have given you 100% win at POPLA...if only you'd come here earlier.

    And now you are playing catch up with other POPLA points that MIGHT win.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • My grace time (according to SMART PARKING) is about to end, if I apply to POPLA I may not do so or it may not get there in time! Does it matter? also; as everyone says they put the frighteners on you that POPLA may not get you a positive result - then I'll owe £160 again. I reiterate Smarts reply did not even give me a figure - but I'm guessing £60. I am sick to the back teeth of all these companies, I hope the government does do something about it! But with the title PRIVATE LAND and TORY GOVERNMENT, who knows! If not for me and the others on here, fighting at this moment, what if it was an elderly or sick person, this could cause some very severe circumstances. What is the % of success, I read it somewhere and I think it was quite high, but I can't help but worry! Thanks all
  • Quentin
    Quentin Posts: 40,405 Forumite
    Making sure your popla appeal does go in before the deadline!

    When is it?

    Post up your draft appeal for comments before sending it (online so they get it same day!)
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