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#Post#: 45309--------------------------------------------------
Smart Parking (unfair) charge notice
DIR By: lateman
Date: November 12, 2024, 3:57 pm
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Hi all, I wonder if someone can offer me some advice please..
Today I received a parking charge notice from Smart Parking (it
is dated 5th November 2024, which means it arrived a week
later).
It informs me that my vehicle overstayed in a McDonalds car park
on Saturday 27th October 2024 and I've been issued with a charge
of £100, which will be reduced to £60 if payed within 14 days.
I do not dispute the amount of time the vehicle stayed in the
carpark. I do not know how long it stayed, but there's
time-stamped photographs of my vehicle entering and exiting the
carpark so I accept their word that it stayed for the time they
claim.
The reason I think this charge is unfair is that the driver went
to dine at said McDonald's with their spouse and two small
children. Admittedly, the driver did not really take much
notice of any signs on entry (does anyone?!), but I don't think
that is unreasonable, as the family, who are semi-regulars
there) just innocently went into the carpark (which is
specifically for McDonald's customers), parked up, dined there
and left when they finished dining. They were in the restaurant
for approximately 1½ hours, which may seem to some people like a
long time, but I'm sure families with small children will agree
that things usually take a little longer when you have small
children.
(They didn't do anything other than dine there. The car was
parked there only for the amount of time they spent in the
restaurant)
I obviously don't want to pay as I feel the charge is unfair and
excessive. And I'm worried that if I attempt to appeal, that
the appeal will get ignored and the situation will escalate,
costing me even more money in the long run (I did some googling
and found that this was the case with some people).
So it looks like have 6 days left to pay the reduced charge or
make an appeal?
Any help or advice would be very much appreciated.
Thank you in advance,
Lateman
#Post#: 45313--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: DWMB2
Date: November 12, 2024, 4:06 pm
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The good news is that Smart Parking never (so far) comply with
Schedule 4 of the Protection of Freedoms Act. This means that
they cannot recover the charges from the registered keeper of
the vehicle - only the driver, who they do not know. I don't
like advising blind though, so please share a copy of the notice
you have received, redacting only your name, address, vehicle
registration mark, and PCN number. Please also confirm that you
are the registered keeper of the vehicle. Once you've done that,
I'll be able to provide an appeal that will almost certainly get
the charge cancelled.
There's a guide to uploading images here: READ THIS FIRST -
Private Parking Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
--- Quote ---
> did not really take much notice of any signs on entry (does
anyone?!) but I don't think that is unreasonable
--- End Quote ---
For future reference, you should always check the conditions of
parking when entering private land, to determine under what
conditions you are allowed to park (if at all). Private parking
charges are contracts - and failing to read the terms, provided
they are there to be seen/sufficiently displayed, is no defence.
These horrible companies are rife, and not reading signage could
make you an easy target, so keep your eyes peeled.
#Post#: 45320--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: lateman
Date: November 12, 2024, 4:21 pm
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thank you so much for your prompt reply.
before i upload anything though, should i delete, re-word and
repost my query, as my post looks like it could imply that i was
the driver?
#Post#: 45328--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: DWMB2
Date: November 12, 2024, 4:32 pm
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It is sometimes wise to refer to 'the driver' just in case. I
think the chances of Smart trawling these forums is relatively
low for simple cases like this, and especially not at 22:30 at
night so no need to delay uploading, but if you wish to modify
your post you should still be able to, so don't delete and
re-post, just edit (there is a time limit to prevent the feature
being abused).
#Post#: 45329--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: lateman
Date: November 12, 2024, 4:34 pm
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thank you so much once again. I'll do that now.
i might upload the notice tomorrow though, as i have to get up
very early for work in the morning!
one more thing if you don't mind.. what happens if my appeal
gets ignored and i get another demand for an increased charge?
#Post#: 45332--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: DWMB2
Date: November 12, 2024, 4:39 pm
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--- Quote from: lateman link ---
>
> what happens if my appeal gets ignored and i get another
demand for an increased charge?
>
--- End Quote ---
Cross that bridge in the very unlikely event that happens. Their
code of practice requires them to respond, and if they don't
within the relevant timeframe, you can chase them up.
Where you hear of people having appeals 'ignored', I'd wager
that more often than not what actually happened is one of the
following:
- Their appeal did not send due to a technical error of some
sort
- Their appeal was rejected, but the email informing them of
this went to their spam folder, which they didn't check
- They didn't appeal before the deadline
#Post#: 45333--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: lateman
Date: November 12, 2024, 4:41 pm
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ok thank you again.
oh, and yes, I am the registered keeper of the vehicle
#Post#: 45338--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: lateman
Date: November 12, 2024, 4:44 pm
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when i post the notice, should i also redact any barcodes or QR
codes?
#Post#: 45339--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: DWMB2
Date: November 12, 2024, 4:45 pm
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To save me digging it out in the morning, here's the usual
appeal template I use with Smart Parking:
[indent]Dear Sirs,
I have received your Parking Charge Notice (Ref: ________) for
vehicle registration mark ____ ___, in which you allege that the
driver has incurred a parking charge. I note from your
correspondence that you are not seeking to hold me liable as the
registered keeper, under Schedule 4 of the Protection of
Freedoms Act 2012 ("The Act"). You have chosen not to issue a
Notice to Keeper in accordance with The Act, and it is now too
late for you to do so.
There is no obligation for me to name the driver and I will not
be doing so. I am therefore unable to help you further with this
matter, and look forward to your confirmation that the charge
has been cancelled. If you choose to decline this appeal, you
must issue a POPLA code.
Yours,[/indent]
Do show us the notice before sending anything though. You can
redact barcodes if you wish - we need to see both pages, all
dates, times and boilerplate etc., but redact your name and
address, vehicle reg, and the PCN number.
#Post#: 45343--------------------------------------------------
Re: Smart Parking (unfair) charge notice
DIR By: lateman
Date: November 12, 2024, 4:53 pm
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again, thank you so much for your prompt, excellent advice.
i will try to upload the notice before i go to bed, but failing
that, I'll do it after work in the afternoon tomorrow
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