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Smart Parking - The Food Centre Milton Keynes

2

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  • I received a PCN for a 25 minutes overstay at this car park (due to much school uniform shopping) in August.

    After reading this thread and numerous others I emailed the Centre MK. They said they'd requested Smart to cancel it but I wasn't sure they put much weight behind it as I heard nothing from Smart. So I sent off the blue template around day 26 to be on the safe side; with an additional sentence about how upset I was at being forced to go through the appeal process despite the the Centre MK requesting they cancel it.

    It was almost 3 weeks later that I received an email from Smart, noting the points I had made and confirming the charge is cancelled.

    Thanks to all, your advice is very much appreciated.

    :A:j:T
  • Umkomaas
    Umkomaas Posts: 41,252
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    It was almost 3 weeks later that I received an email from Smart, noting the points I had made and confirming the charge is cancelled.
    There you go. Good result. :T

    The power of the landowner (retailer) complaint. Highly productive.
    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
  • Got myself in same situation. Can I ask did how did you contact the landholder as the link above is to Centre MK as opposed to Food Centre MK which I believe is a different owner.
    Also have appealed via Smart Parking site with the blue template - should I expect a confirmation email or letter that my appeal was registered?
    In the words of Jerry Maguire "SHOW ME THE MONEY"
  • Coupon-mad
    Coupon-mad Posts: 130,603
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    Also have appealed via Smart Parking site with the blue template - should I expect a confirmation email or letter that my appeal was registered?
    Nope, I think the page you submitted it on, is their acknowledgement page (a one-liner saying thankyou, maybe?).

    You then get a rejection letter and POPLA code, and you then win because Smart can't hold registered keepers liable. Easy as shelling peas!
    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: 37,427
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    donerkebab wrote: »
    Got myself in same situation. Can I ask did how did you contact the landholder as the link above is to Centre MK as opposed to Food Centre MK which I believe is a different owner.
    Why do you think it is a different owner?
    Read posts #7 and #8 above.

    donerkebab wrote: »
    Also have appealed via Smart Parking site with the blue template - should I expect a confirmation email or letter that my appeal was registered?
    You can hope.
    They allow themselves 35 days to respond.
  • Thanks sorry those who been to MK would think separate owners but yes had got Iceland in list so must be same owners.
    Is there a template letter for retailers or should I send the same blue template for BCP /Smart?
    In the words of Jerry Maguire "SHOW ME THE MONEY"
  • Coupon-mad
    Coupon-mad Posts: 130,603
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    Neither, a complaint is a complaint from the heart. Not an appeal. Your own words - just don't say who was driving.
    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
  • H2017
    H2017 Posts: 7 Forumite
    edited 9 December 2017 at 4:01PM
    Car overstayed in the Food Centre MK carpark by 10/15 mins.It was done on ANPR. No note on the windscreen. I have read the newbies thread but still don't fully understand what I need to do. Sorry if I am being stupid! Who do I write to, when and which template please?

    Many thanks for the help.

    P.S Got offered pay within 14 days so charge is £60 or it then goes up. The 14 days are up imminently and don't know whether to just pay.
  • Coupon-mad
    Coupon-mad Posts: 130,603
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    Please start your own new thread if the NEWBIES FAQS sticky thread doesn't cover your questions.
    The 14 days are up imminently and don't know whether to just pay.
    The NEWBIES thread tells you NOT to even look at the stupid 14 day 'discount'.

    Don't ask how to find the NEWBIES thread, please, it's the reason my signature tells you where to click!

    :)
    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
  • Staying for less than 3 hours is not actually one of the terms and conditions that applies to parking in the Food Centre MK car park, according to the sign in the car park that is headed "Terms and Conditions" (despite what other signs might say - the Terms and Conditions sign states that it contains all terms and conditions that apply and it does not mention a time limit - so that the other signs are misleading).

    (NB This is correct at least until October 2017 - check current signage after this date as Smart Parking may have changed it)

    Any PCN which demands payment for staying longer than 3 hours is therefore invalid and not legally enforceable, as this is not one of the terms and conditions that you have "agreed to" when parking.

    Refuse to pay, on the grounds that the demand for payment of a charge is not valid, based on the advertised terms and conditions, as Smart Parking cannot recover a charge for parking for longer than 3 hours as there has been no breach of contract.

    If you have already paid then write and ask for your money back, as it was obtained under false pretenses, since Smart Parking had no contractual right to demand payment of a parking charge for staying longer than 3 hours.

    I suggest that you also complain to Trading Standards, the British Parking Association (as Smart Parking belong to their Approved Operator Scheme) and to the DVLA who have unlawfully processed your personal data when they supplied the registered keeper's address to Smart parking Ltd. when Smart Parking Ltd. had no actual reasonable cause for obtaining it (and didn't actually show reasonable cause to the DVLA as the law requires) - and ultimately to the Information Commissioner's Office (when the DVLA refuse to accept that they have acted unlawfully by giving out your personal data essentially automatically, without carrying out a proper check as required by law)
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