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  • FIRST POST
    • mv2020
    • By mv2020 15th Jan 20, 5:36 PM
    • 1Posts
    • 0Thanks
    mv2020
    Postal PCN for not paying for a ticket - possible faulty machine
    • #1
    • 15th Jan 20, 5:36 PM
    Postal PCN for not paying for a ticket - possible faulty machine 15th Jan 20 at 5:36 PM
    Hi,


    I'm hoping someone can help me. It's my first time receiving a parking ticket and I'm wondering whether there's any point appealing it or not.



    I entered a Smart Parking car park last month and after parking went to the machine to pay. It only took cash and I didn't have any, so my partner quickly went to the shop across the road to get change (The machine was one where you put your reg number in rather than get a ticket to display in your car). Once my partner was back with some change, I put 1 in the machine and entered my reg number and it seemed to have gone through - but when I walked away I thought I heard the money drop as if it hadn't processed the transaction. After walking for a few minutes I decided to go and double check if the transaction had worked and I found the 1 in the change part of the machine - thus my transaction hadn't worked. I didn't think to take a picture of the machine or anything and it didn't say it was out of order. Instead I decided to just park somewhere else, so drove out of the car park.


    My PCN says I entered the site at 14:27 and left at 14:39. So literally 12 minutes. I think it's really bad they are charging me 60 (100 if i don't pay within 14 days) for 12 minutes in their car park, especially when i tried to pay and my transaction didn't go through! - If they have CCTV pointed at the machine then i can prove i put money in and tried to pay....


    Is this likely to get rejected at appeal stage? I'm a little worried about the possibility of going to court etc. and all the stress and hassle the whole process will cause.


    I also don't know who the landowner of the car park is - does anyone know how i can find this out? It wasn't a typical one linked to a supermarket or anything like that so unclear. Does the signage at the car park normally state who the landowner is?- if so i can go back to check this when i have time.


    Thanks in advance for any help offered! - I've read the newbie thread and seen the appeal template etc but a lot of the information is quite overwhelming so wanted a little reassurance.
Page 1
    • The Deep
    • By The Deep 15th Jan 20, 6:11 PM
    • 16,399 Posts
    • 17,339 Thanks
    The Deep
    • #2
    • 15th Jan 20, 6:11 PM
    • #2
    • 15th Jan 20, 6:11 PM
    Read what Pete Wishart MP said recently in the House of commons about Smart Parking.

    "I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.

    The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices."



    Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
    • Redx
    • By Redx 15th Jan 20, 6:28 PM
    • 26,776 Posts
    • 35,033 Thanks
    Redx
    • #3
    • 15th Jan 20, 6:28 PM
    • #3
    • 15th Jan 20, 6:28 PM
    Appeal as keeper using the blue text template from the newbies faq sticky thread near the top of the forum

    What the driver experienced was frustration of contract due to a possibly faulty machine , so they did the correct thing and Left

    No blabbing about who was driving , so alter your post above accordingly , the driver entered the car park , the driver tried to pay , no "My Me Myself & I" should be used

    They monitor vehicles , not people , so it was the number plate they were after , not a person

    Chances are they will cancel on seeing the template appeal from a keeper , so no alterations

    Ask the council who pays the non domestic rates for the premises , or the Land Registry will know , but they charge a small fee
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
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