Smart Parking Ltd Charge arrived today how can I appeal correctly

TW1234 · 17 December 2016 at 10:49PM

"While we don't recommend any additions to the template (as many newbies are more than capable of blowing off their toes as soon as they start typing in 'extras'), I like your additional paragraph, which should cause them to stop and think carefully about pursuing this further".

Umkomaas----that's from an amendment made to the original in the Newby thread by Coupon mad---credit where credit's due! Brilliantly updated about DPA.

Umkomaas · 17 December 2016 at 10:53PM

Karim786 wrote: »

Hi do you mean the paragraph about contacting matalan?

Nope, this one:

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.

Just realised that Coupon-mad has very recently added the paragraph to the NEWBIES initial appeal.

Nevertheless, it will hopefully halt Smart in their tracks!

Coupon-mad · 18 December 2016 at 1:12AM

Karim786 wrote: »

Hi It doesnt say on the actual document they have sent me. But via google search its comes up as BPA.

We usually always pay even knowingly not at fault but now its getting annoying with how many ways they are trying to make money.

This would be my first ever attempt at a appeal for a ticket and want to go about it right.

it is fine - you will win. Smart are a cinch for a keeper to beat at POPLA. Make sure you only choose 'registered keeper' if appealing online to Smart which is the best way (no letters getting 'lost' in the post).

And the idea of mentioning the possibility of a possible DPA breach, early on, is to set the scene and either scare off a PPC or pave the way for an actual claim later which in some cases only, will have legs. And being able to show the PPC were warned at the outset will help. I've included wording in both the IPC and BPA appeal templates which sets that scene (all comments for improved wording very welcome, as ever).

Snowtime1 · 2 March 2017 at 9:56PM

Hello. I just wanted to question this before I sent in my appeal.

Is the current template still valid for smart parking ?

I got a PCN that says "smart parking ltd have the right to seek payment of the marking charge for unauthorized parking of the vehicle on the land on the relevant date as the owner of the lan, on the basis of a contractual right to occupy or habe possession of the land, or acting as the agent of the land owner"

Does that statement not void the template statement:

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

?

And they also have on their letter
" The signage, which is clearly displayed at the entrance to and throughout the car park, states that this is private land and the car park is managed by smart parking ltd"

They also have on their letter:

Following the landmark Supreme Court ruling of Parkingeye vs Beavis, it has now been established that a parking charge notice issued on private land is enforceable. the court rejected claims that such charges are extravagant or unconscionable and advised that such charges act as a necessary deterrent for breach of contact.

I parked at a matalan in hayes, without a pay and display

Please let me know before I send off my appeal.

Many thanks.

Umkomaas · 2 March 2017 at 10:01PM

What appeal are you on about? This isn't your thread - you need to have your own before we advise.

This thread has been dormant for almost 3 months.

Snowtime1 · 2 March 2017 at 10:33PM

Sorry. It was similar grounds to this thread. Didn't know I had to create a new thread.

Apologies

Umkomaas · 2 March 2017 at 10:37PM

Snowtime1 wrote: »

Sorry. It was similar grounds to this thread. Didn't know I had to create a new thread.

Apologies

'Similar' is dangerous for you. You need specific advice about your specific situation. Please start a new thread of your own and you will get all the expert advice pertaining to your own circumstances.

As in this thread, interlopers will be 'chased off' as advice can become confused as to whom it applies, risking costly potential for one/other/both of those seeking help.

Snowtime1 · 12 March 2017 at 12:51PM

How did this appeal turn out?

Fruitcake · 12 March 2017 at 1:14PM

Snowtime1 wrote: »

How did this appeal turn out?

We don't know as the OP hasn't been back since December. It is quite frustrating when this happens which is why we hope posters will always come back and tell us how they got on.

Karim786 · 12 March 2017 at 1:45PM

I just replied but didnt realise was a private message

Smart Parking Ltd Charge arrived today how can I appeal correctly

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