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Smart Parking ANPR PCN - Havens Bank Retail Park Exeter

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Hi

whilst getting advice about a different ticket,

my husband now received one from Smart parking.

 

We were away for a weekend somewhere we don't know and parked outside a bowling alley.

 

Didn't even occur to us we'd have to pay (even in London we don't pay in such locations!)

 

It was pouring

we rushed inside without looking at notices.

 

Is this another dodgy private company or not?

 

As we are going away this Thurs need to deal with it asap.

 

Many thanks.

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Have a read of the forum. Same advice there applies to you too :) Very easily sorted. As for dodgy... all PPC's are dodgy. Theyre ex cowboy clampers, so because they got shut down years ago, theyre trying something else. And who said you need to deal with it asap? Plenty of time to appeal if they are ran by BPA.

 

Even if theyre not, still plenty opf time, as its easily defeated anyway.

 

Smart arent exactly smart at all. They always mess up.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hello there.

 

I've amended the title of your thread to show the PPC.

 

HB


Illegitimi non carborundum

 

 

 

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1 Date of the infringement 21/7/17

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

Parking charge notice dated 27/7/17; it doesn't say "notice to keeper" anywhere on the letter.

 

3 Date received 31/7/17

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] no

 

5 Is there any photographic evidence of the event? photos of the car entering and leaving; they have typed times under each picture

 

6 Have you appealed? {y/n?] post up you appeal] not yet

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company? Smart Parking

 

8. Where exactly [carpark name and town] Havens Bank Retail Park Exeter

 

For either option, does it say which appeals body they operate under. It says POPLA

 

Can I add that we did not see any signs about paying for parking.

It was pouring and we parked near the entrance to the bowling.

 

 

We have looked on Google maps street view at the car park and it seems that the signs are designed not to be seen.

We have just looked at the bowling alley facebook posts and they tell people that it is now a paying car park

- clearly they don't think the signs are noticeable.

 

 

Given that the charges are low (£2) and apparently the bowling alley refunds this, there would be no reason not to have bought a ticket!

 

 

We are off on holiday in a few hours and don't want to stress over this!

Do I need to appeal within the 14 days?

I can do it from abroad if necessary.

Thank you!

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troops will be along soon.

 

watch for alerts to your email

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Thanks. Been having trouble with getting internet access whilst away but don't see any responses to my 2(!) pcn queries recently. Have I missed something.

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If you look at Trust Pilot's customer reviews of Smart Parking you will see how useless and greedy they are.

 

 

You could quite easily go away for your holiday and not worry.

They don't appear to go to Court they just huff and puff.

 

Have you looked at any other Smart parking thread on the Forum?

The reason I ask is that only a few days before you posted your query, some one else also posted their complaint about Smart here-

http://www.consumeractiongroup.co.uk/forum/showthread.php?478429-Smart-Parking-Ravensdale-car-park-Clacton-On-Sea

 

You haven't posted up your NTK but if it is the same as the one in Clacton you have nothing to worry about.

There is no way that it would stand up in Court.

 

 

Ericsbrother mentioned a couple of things that are wrong and there is at least one other that would mean it would fail at the first hurdle in Court.

 

So go away and enjoy yourself.

I doubt that they will send you a Letter Before Action,

but if they do come back and we will give you advice that should if they have any sense withdraw their suit against you.

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Post the NTK up please. However from your info it definitley isnt compliant.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yes, when we have seen the NTK we will suggest a response if one is necessary-probably not though!

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Hi thank you so much.

I couldn't see any of these posts while I was away so pleased to be reassured now.

 

I have looked at the post of the letter to the Clacton cagger and it is the same as mine.

 

I have managed to scan a redacted copy to my computer but can't work out how to upload it to this site (sorry!).

 

I will come back to this thread if I get a letter before action, as suggested.

 

I will also check out the progress of my other private parking ticket thread a bit later.

Very grateful to you all.

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click upload


please don't hit Quote...just type we know what we said earlier..

 

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they fail to say who the creditor is so not POFA compliant.

Therdfore no keeper liability.

 

 

They also say they have a contract OR may be the agent of the landowner.

If the latter they have no locus standi,

a bit like an estate agent cant tell you that your offer on a property is unacceptable, they have to put it to the seller.

 

They say the money due is for unauthorised parking.

Now is this a breach of contract or a contractual term?

there is a difference as one allows them to claim the £90 contractual fee and the other only their lossess.

 

 

The Beavis decision decided that £90 was a reasonable guess at their recoverable costs

but they still have to make their minds up about what it is as they want to add a tenner to this if you pay late so if a breach of contract they cant.

(they cnat add it to any keeper liability either and they havent cretaed one so their use of this is stupid.

 

Now, the signage will determine whether it is a contract or a brach of contract that has caused this money to be due

- or there again, if their signs are like their paperwork neither as the signage may well be confusing or contratictory or even prohibitive rather than on offer at all.

 

Now all parking co's are greedy and not exactly honest so what you do next depends on your own strength of character.

You can ignore them but if doing this you would be wise to have the extra knowledge about exactly what the signs say and where they are or at least the knowledge you can get that information fairly soon.

 

 

Alternatively, you can tell Smart that the keeper denies having any contractual relationship with them and that their NTK fails to create a liability on their part.

They will continue to write but the wording of the threatograms will change slightly at first.

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Thanks (again). I will be visiting the area again this weekend and will try and get photos of all the signage to post up next week. The saga continues and I'm so grateful for your help.

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good, get pictures of the entrance to the land from the public highway, any sign at the entrance

 

the content of any signs that are different in the car park.

 

also get a picture of the parking meter as that is the actual contract if different from the signs.

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Unfortunately I wasn't able to get to the car park after all.

 

Googling this particular car park to check any signs there seem to be lots of difficulties with it - lots of people with tickets getting fined,

 

people being fined because the machine which asks for number plate doesn't work etc etc.

 

I am aware that I haven't made any response to the pcn at all and am concerned if that may cause a problem.

 

wondering whether I should write the letter ericsbrother suggests in the last sentence of the post of 25 Aug?

 

I will attach a screen shot of the pic I took off google street view but don't suppose this will help!

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Where does any of their paperwork use the word FINE please?


please don't hit Quote...just type we know what we said earlier..

 

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Sorry, it doesn't but that's how people talk about the charges they've received from them relating to this car park.

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Only the council/police can fine you for parking

 

Private operators can only issue a speculative invoice for a supposed contract


please don't hit Quote...just type we know what we said earlier..

 

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not here they dont.

 

We are particular about this for 2 reasons,

the use of the word fine bigs up the demand for their point of view

so people imagine that they are the same as council PCN's (again, not strictly fines either but penalty charges)

 

 

It is like mistaking dca's for bailiffs.

dca's have no rights or powers,

bailiffs do

so the former like to insinuate that they are similar and have magic powers to decide what courts think and do ect

when all they do is write letters when paid to.

 

Ignorance is their ally so make yourself aware of them,

the law as it relate to your position and where they have to do things in a certain way or lose out.

 

In this case their NTK isnt POFA compliant so they cant claim anything from you as the keeper of the vehicle and if you dont identify the driver they have no one to bite.

 

 

You have already shot yourself in the foot with another parking co so why are you so keen to reload and do it again?

 

 

before you do write anything read up the Protection of Freedoms Act 2012 and make note of the requirements they have to create a claim and also note the wording the companies are obliged to use but this lot have failed to do.

 

then come back here when they write to you again, as they surelly will.

 

 

The law wont have changed so no harm waiting and thus giving yourself the opportunity to get the pictures we need to really get stuck into this.

 

Sorry, it doesn't but that's how people talk about the charges they've received from them relating to this car park.

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Tells you what to do with dca letters in post 21


please don't hit Quote...just type we know what we said earlier..

 

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Had to hide you uploads you've not redacted them


please don't hit Quote...just type we know what we said earlier..

 

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Just confirming it is the letter requesting confirmation of assignment I should be writing?

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