Smart Parking' penalty' for entering 1 digit wrong reg no. !!

[Harddoneto1]

Smart Parking have just taken over the parking at the local retail park

and the cost is the same as before, 50p for two hours and £1 for 4 hours.

 

 

They have introduced a new system whereby your reg is photographed on entry and exit

and you need to put your full reg into the pay machine and display the ticket.

 

 

However, if you use the gym in the retail park then there is no charge,

there is a Smart Parking computer in the gym where you have to input your reg,

but you get no ticket, the message simply says parking validated.

 

I went to the gym but input my reg incorrectly by one digit i.e.64 instead of 63.

I subsequently received a fine for £60 reduced to £36 if paid promptly.

 

 

I appealed stating that I had no intention of avoiding the cost as it was in fact free to park.

I pointed out that they could check that I had entered the wrong reg as they could see that on their system

and also no car with the incorrect reg had entered or left.

 

I assumed my appeal would be upheld as it seemed a fairly simple mistake that could easily be checked.

Of course I left the car park in plenty of time.

 

 

My appeal was dismissed on the grounds that I had failed to validate the vehicle

and the parking charge was issued within the terms and conditions.

 

Can it be that I must pay £60 for car parking that is free to users of the gym

just because of an error that can easily be checked?

 

 

Any views would be appreciated.

 

 

Thanks for your help in advance.

[dx100uk]

firstly its not a penalty nowhere do they use that word

neither is it a FINE, you wont see them using that word either.

 

 

its a speculative invoice

 

 

you got caught by an anpr camera and a slip of the finger

and they are trying to spoof you.

 

 

dx

[ericsbrother]

by contacting them first you have made their life easier to persecute you. When you get another demand from them please come back adn we will advise how to respond. Smart dont live up to their name so their rejection of your appeal means nothing when it comes to the law. They simply dont have a right to claim and the arrangement with the gym is one of convenience and not contracual obligation.

[Harddoneto1]

Thanks ericsbrother.

 

Should I not go to the independent appeals body as I think I have an open and shut case?

 

I'm retired and I don't really want the stress of this hanging over me for weeks and months with various degrees of threatening letters.

 

I just don't believe they can demand £60 for a slip of the finger and surely an independent appeal panel will see this?

[DJ67]

Common sense doesn't really come into it.

 

From my experience

 

, I suggest that you follow the advice of Ericsbrother to the letter and that will take the stress out of things.

 

You're in great hands with the people on this forum so hang in there and listen to the experts.

[ericsbrother]

If you want to by all means do as they are members of the BPA you will get some sense.

It will also cost Smart money so that is worth it on its own.

 

in their letter of rejection did they give you a POPLA code?

if not then you ignore them,

if they did you can go online and enter this and then the outline of your appeal

 

. Your appeal will say that:

the ANPR system covers the entrance to land not managed by Smart parking and nothing to do with them

 

. This means that your use of that other land does not create a contract between yourself and Smart so there was no breach of contract.

 

Their claim that they have an arrangement to create a whitelist of vehicles using that other land doesnt itself create an authority to offer contracts to users of that land but is merely an administrative convenience to prevent Smart from harassing to those who have a reason to be there as they are unable to identify those persons who are not subject to an contractual conditions imposed upon those who use the land they do manage.

 

For this reason ther has been no contract formed between yourself and Smart so there can be no breach of contract to give rise to a claim by them.

 

Also demand sight of the contract between Smart and the owner of the land you parked on (they wont have one otherwise they wouldnt need this convoluted number plate entry scheme) if they wish to claim that the sign in system is binding.

 

They will probably prefer to drop the matter than admit they are in the wrong publically.

 

The POPLA decision will be binding on Smart but not on you, it will carry no weight in a court should POPLA find for the operator as their remit is very limited.

 

It is not worth going on about the input of the wrong reg as this wont win you the appeal

 

. It will be useful in a court as a second point as there are cases where this has been brought up and the parking co have lost because of proportionality.

 

always a toss of the coin though if that is your only defence.

[Harddoneto1]

Thanks again Ericsbrother.

 

 

You mention parking on different land but this is not the case.

The retail park has one large car park and you can park anywhere and pay the 50p and enter your reg number.

But if you use the gym in the retail park you use the machine located in the gym, there is no separate land involved.

 

 

I guess the gym somehow pays for its members using the car park through the gym membership fee?

I had pinned my hope on simply putting in the wrong reg by a single digit and the fact that Smart Parking could easily check but chose not to.

 

 

Are you saying that that this has no chance?

I was also hopping that £60 was a penalty as for members of the gym it was free parking?

[Oddfellow]

Pardon my ignorance, but wouldn't supremacy of contract (between OP and the gym) apply in this case?

[ericsbrother]

if there is a whitelist for gym members then there is a whitelist

and that is between you and the gym and nothing to do with Smart parking.

 

 

essentially you are allowed to negotiate your own contract that trumps their blanket ANPR.

 

Smart will know this but will hope that you dont and are scared enough just to apy up rather than argue.

 

So, let us know when they write again andwe will advise what to say then.

 

 

No point giving them hope by writing now.

[Harddoneto1]

Great news.

 

 

Smart Parking took over this retail car park six weeks ago

and the retail park management company has already decided to end the contract with them.

 

 

There have been so many complaints to the management company that it is having an adverse affect on business.

There are signs in the car park put up by the retail management saying everyone should appeal

or re-appeal and that all tickets will be cancelled.

 

 

I think the management company realize they have got into bed with a money grabbing cowboy firm and now regret it.

 

Thanks for the advice given on this forum.

 

I think the answers to car parking cowboys are political.

 

 

What is the incentive for these companies to consider an appeal fairly?

 

 

For the cost of a stamp they can turn down 100% of appeals

and threaten to increase the charge if not paid,

 

 

what have they got to loose - their reputation!!

 

 

Either people pay up or not but all its costs the company is the price of a stamp.

[Oddfellow]

What great news! If only more management companies of this sort of facility realized the impact on their businesses, and kicked these cowboys into touch! Argos take note!

 

 

Thanks for making my afternoon!