Sports Direct - Smart Parking fine. Complain to SD first?

dag79 · 7 September 2017 at 7:25PM

Hi Everyone,

I've had a good read of the Newbie thread and also over at the parkingcowboys website, there's some really useful information, templates and examples of peoples' success in their claims. I just have a couple of questions before I pursue.

First some background. My wife was shopping on the 30/08/17 as a genuine customer of SD, she still has her parking ticket which expired 20 minutes before she was snapped leaving via ANPR (she is not visible on camera). Unfortunately she has not kept receipts of purchases in the store. The letter arrived today (07/09/17).

My questions are as follows:

Should I contact Sports Direct and ask them to cancel the charge as a genuine customer? I'm a little concerned about doing this as we have no proof of purchases. Can this still be worded so as not to reveal the drivers identity? If this is the best option, are their templates for this first point of contact?
Or should I skip this step and just submit a challenge direct to Smart Parking via their website?

I want to challenge, but I want to do it right!

Thanks

Coupon-mad · 7 September 2017 at 7:29PM

Newbie thread and also over at the parkingcowboys website, there's some really useful information

Here yes, there...no. It's out of date and IMHO, sadly nothing there is worth reading.

Anyway, here, the NEWBIES thread tells you to do both. Just don't say who was driving, and make sure the appeal is done in the name of the registered keeper as named on the PCN.

dag79 · 7 September 2017 at 9:28PM

I shall concentrate my efforts to this site then

A bit more reading suggests this particular Sports Direct in Darlington is a common problem. I'll be drafting an appeal (using the template) and posting it here. Would appreciate it if someone could give it a quick check first?

dag79 · 7 September 2017 at 9:35PM

So template found and pasted below. For the part highlighted in blue, I guess I should go down to the car park and check this is actually true?

Do I need to make any reference to the ticket purchased? Or that genuine shopping took place?

Dear Sirs

Re: PCN No. (I'll add this later)

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Registered keepers name and address go here.

Coupon-mad · 7 September 2017 at 9:52PM

For the part highlighted in blue, I guess I should go down to the car park and check this is actually true?

No, it's always true, no need. You could live 400 miles away and still confidently use that!

Do I need to make any reference to the ticket purchased? Or that genuine shopping took place?

Yes if you want, with receipts/bank statement (name & account number covered) as evidence, as long as the driver is NOT implied.

Smart are unlikely to cancel without the retailer pressure so certainly don't delay the complaint, which is actually more urgent than the appeal is, as you have 28 days to do that.

dag79 · 7 September 2017 at 10:11PM

Coupon-mad wrote: »

Yes if you want, with receipts/bank statement (name & account number covered) as evidence, as long as the driver is NOT implied.

Even if the ticket expired 20 minutes before?

Coupon-mad wrote: »

Smart are unlikely to cancel without the retailer pressure so certainly don't delay the complaint, which is actually more urgent than the appeal is, as you have 28 days to do that.

OK will do. Is there a suitable template for this type of complaint also?

Also, this line in the original template - "Should you obtain the registered keeper's data from the DVLA without reasonable cause" - haven't they done that already? The PCN was sent to the registered keeper with their name and address.

Coupon-mad · 7 September 2017 at 11:38PM

None of it matters, as long as the appeal doesn't name the driver. As I said to someone earlier, your first appeal could argue the moon is made of cheese, just to get a POPLA code!

As for complaints, no templates, better coming from the heart. Or in person.

dag79 · 7 October 2017 at 10:36AM

Quick update on this.

I received a letter through the post yesterday from Smart Parking dated 3rd October. They have cancelled the parking charge

I didn't do anything other than send the template found here (and posted above) to them via their website, I didn't speak to Sports Direct or submit any evidence.

Thanks for all your help. Result !

Sports Direct - Smart Parking fine. Complain to SD first?

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