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Smart Parking ordered to shut down illegal car park and pay back "fines"

Lamilad
Lamilad Posts: 1,412 Forumite
First Anniversary Photogenic Name Dropper First Post
in Parking tickets, fines & parking
http://www.thetelegraphandargus.co.uk/news/15576452.Firm_ordered_to_shut_down_car_park_and_refund_controversial_fines/

I know this car park well.

No surprise that they've ignored both the council and the newspaper. They'll also ignore everyone who now contacts them asking for their money back... Can't see them just rolling over and refunding everyone's money..

Interested to see how this one plays out. Would love to see the victims come together to issue a class action against Smart.

On top of the refunds, how many DPA claims could this lead to?

Not looking good for Bradford Council either.
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Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Where there's blame there's a claim.

    Bradford Trading Standards will no doubt now leap into action to support those who paid.

    I hope Popla will release any information they have on PCNs issued at this site, also if the PPC won any claims or obtained CCJs it is going to cost them.


    It couldn't happen to a nicer company.
    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    I wonder which one of the daft solicitors will take this on ??
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Where there's blame there isn't always a claim.

    But where there's a judgment and the council have clarified the a position, there certainly is. Robust use of MCOL by ticket recipients is needed. I wouldn't assume trading standards will assist to recover monies for individuals or that they have the resources.

    Anyone with multiple tickets (8+) and therefore owed a decent wedge would do well to make a statutory demand for the cash do that smart can be wound up if they don't pay.
  • Fruitcake
    Fruitcake Posts: 58,231 Forumite
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    Do not so smart have a physical office where a few busloads of victims might turn up on a daily basis to politely ask for their money back?

    Ah such dreams I have ... I think I need to adjust my meds again. :o
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    First Anniversary Photogenic Name Dropper First Post
    Anyone with multiple tickets (8+) and therefore owed a decent wedge would do well to make a statutory demand for the cash do that smart can be wound up if they don't pay.
    Like the sound of that!
  • peter_the_piper
    peter_the_piper Posts: 30,268 Forumite
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    I wonder how much the council are in for. Hope they cough up soon as it would put more leverage onto (Not So )Smart.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • System
    System Posts: 178,093 Community Admin
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    Anyone with multiple tickets (8+) and therefore owed a decent wedge would do well to make a statutory demand for the cash do that smart can be wound up if they don't pay.

    Shouldn't that be "Anyone with multiple tickets (8+) COLOR="Red"]and were stupid enough to pay[/COLOR and therefore owed a decent wedge"

    Most people have a good idea when they are being scammed but they lack the knowledge of what to do about it. Hence MSE [other forums are available.]
  • fil_cad
    fil_cad Posts: 834 Forumite
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    Oooh this will be an interesting one to follow, bet smart *arting will go deaf ears now.
    PPCs say its carpark management, BPA say its raising standards..... we all know its just about raking in the revenue. :eek:
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    First Anniversary Photogenic Name Dropper First Post
    edited 20 October 2017 at 8:45PM
    So I was driving past this car park the other night and thought I'd call in for a looksie...

    And what did I find? - Well, the car park is still very much in operation. The signs are still up and the ticket machines are still accepting payment. Not so much as a warning sign from Bradford Council.

    Although exactly how Smart think these signs could ever form a contract is beyond me.... and on that note, how about a little game of 'Now you see it... Now you don't...'

    So I decided to take pics of the signs while I was there - some with the flash on and some without (as you would see them in person).

    Here's one of the signs taken from a distance of approx 5ft. And in case you're wondering, no, I wasn't kneeling down when I took it. In fact I was holding my phone slightly above my head height.
    https://www.dropbox.com/s/660c2th61mificv/20171008_004027.jpg?dl=0

    Here's the ticket machine and tariff boards from approx 8ft
    https://www.dropbox.com/s/ewg8iaog34nvyds/20171008_003741.jpg?dl=0

    and from the same position without flash
    https://www.dropbox.com/s/ao815xy4oqjev02/20171008_003800.jpg?dl=0

    Now that was a little unfair, standing so far away. So let's get closer to those tariff boards
    https://www.dropbox.com/s/dqhnu610f12vv1u/20171008_003949.jpg?dl=0

    And again, without flash
    https://www.dropbox.com/s/0hfphn3yvcen6xu/20171008_003716.jpg?dl=0

    And I've saved the best 'til last. This is my favourite. The brief, transparent and easy to read T&Cs. Distance 4-5ft... It's good thing the BPA insist on a ten minute grace as you'd need that just to set up the step ladder and find a magnifying glass.
    https://www.dropbox.com/s/lx7a0iwfq1iexfa/20171008_003830.jpg?dl=0

    and how it would appear to someone who is not wearing a miner's hat
    https://www.dropbox.com/s/jrnoo42iy4wzux5/20171008_003817.jpg?dl=0
  • Half_way
    Half_way Posts: 7,053 Forumite
    First Anniversary Name Dropper First Post
    So if it's public highway, and smart have no authority to operate, wouldn't any requests to the dvla be a breach of the data protection act?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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