Smart parking PCN ANPR - Haven Banks retail park, EXETER

[jcjon]

Hi All,

 

I recently received a parking notice from Smart parking ltd for unauthorised parking to the sum of 54 pounds and I would like your advice as to whether I am liable to pay considering this is a private parking company?

 

So the back drop...

my Japanese friend arrived late Saturday night (30/09/17)

still wanted to show him a bit of the city

Decided to take him down to the quay on the River Exe here in Exeter

 

Not knowing this part of the city well I parked in this car park opposite the bowling alley,

 

The time was 8.45pm and presuming it was late that the car park operating time had finish as I knew this to be a council car park in the past operating from 8am to 6pm (or along those lines).

 

Upon entering the car park I didn't see any signs as it was very dark and the area was not well lit, again presuming it was closed I did not purchase a ticket.

Our stay was only an hour

 

when I returned a few days later to check the signs within the car park it does state its 24hrs..

 

.it also mentions up to two hours parking is 1 pound which can be refunded at one of the retail sites,

if I knew this I would have purchased a ticket.

 

I find it disgusting that they are charging me 54 pounds for one hour in which the ticket is only one pound anyway.

 

As its a private company and not a police or council parking charge how much authority do they have and am I liable to pay this charge or would it be worth appealing?

 

1 Date of the infringement[30/09/17]

 

2 Date on the NTK [05/10/17]

 

3 Date received 07/10/17

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [No]

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? [No]

Have you had a response? [No]

 

7 Who is the parking company? Smart parking Ltd

 

8. Where exactly [Haven banks retail park, Exeter]

 

For either option, does it say which appeals body they operate under. IAS

 

Any advice would be greatly appreciated.

Many thanks

Jon

Smart Parking Notice (2).pdf

[ericsbrother]

well, it is an offer of a contract for parking so if worded correctly they can make you pay the £54 but before that charge sticks there are many hurdles they have to clear.

 

Were all the shops and facilities closed?

if so then they have a problem with what is know as performance to a contract as how are you supposed to get you money back from a retailer.

 

Although this may not prevent parking it does mean that the charge is not a contractual consideration but a method of deterrence and this then means it is a penalty and they cant do that.

 

Knowing what the signs say and what lighting there is at the site so you can read the signs would help enormously.

[jcjon]

Thank you for replying to my post, at the time of entry all the shops were closed but the bowling alley was open.

 

I have photos of the signage but I am having trouble uploading them via the attachemnts link?

[dx100uk]

Read upload

One multi page PDF please

[ajjm]

Was about to upload photo of the signage, which I finally got, to my thread on the same carpark. A friend took the pic and, as far as I understand, there was no sign at the entrance, just this sign all over the carpark. Unfortunately when I tried to upload it, I got an error message - something about the font being red?

[dx100uk]

read the upload guide use pdf!

[ajjm]

Best I could get

Havens bank signage pdf.pdf

[ericsbrother]

well at least we have a start,

no signage at the entrance is enough for some judges to throw a claim out regardless of any other signs and their content.

 

This will of course be used against the parking co when need be along with the fact it was dark.

 

Obviously they will explain how you can read a nonexistent sign in the dark.

[jcjon]

Sorry guys its been a while, managed to get some pictures. In the attachements are pictures I took at a similar time of the evening when I first entered the car park. As you can see its pretty hard to make out until I got a close up shot with the flash on my phone. Also, pictures of the signs within the carpark and the T&C sign.

 

Thanks for your help.

convert-jpg-to-pdf.net_2017-10-16_13-11-18.pdf

convert-jpg-to-pdf.net_2017-10-16_14-03-14.pdf

convert-jpg-to-pdf.net_2017-10-16_14-08-25.pdf

convert-jpg-to-pdf.net_2017-10-16_14-14-04.pdf

convert-jpg-to-pdf.net_2017-10-16_14-20-24.pdf

[ericsbrother]

the signage in big letters isnt a contract but an invitation to treat at best.

The blurb about the start and end periods are just plain untrue becasue you can drive in, read the signs and then decide that you wont be bound by the terms offered and then leave and they claim that you are bound by them.

 

Bit like me running a shop and you coming in and saying "how much are the trousers in the window" and me saying "£100" and you saying "no thanks" and me charging you for them anyway.

 

Now as you are supposed to feed a mahine it is the wording on the machine that actually forms thwe contract and you accept it when putting your money in.

 

We need to see the machine's terms as the signs arent worth a damn to the parking co as they

1) arent a contract despite what they say and

2) breach the consumer rights act by not only what is included in the wording but by its omissions from the big letter signs negating the contract if you choose not to accept.

 

All a bit complicated but Smart are supposed to know this and make it clear exactly what is being offered.

 

I also note that there are other signs in the photographs you havent taken pictures of that are again different to the ones you have posted up.

 

DO not leave anything out, we need to see them all.

The big sign with just a P visible may be your best friend yet

[Tillee]

My son has just received a ticket for the same car park. He also believed being late that the car park was free - as it was previously. He was at the Bowling Alley clocked going in at 21.10pm - so also dark & he didn't notice the signs saying he needed to pay as it was now 24 hour parking.

[dx100uk]

go start a new thread this thread is for jcjon

[ajjm]

I have a thread from same carpark. We need pictures of the payment machine signage. I live in London! Any chance you could get a pic and post here? Thanks

[ericsbrother]

then that is an argument on its own. Start a new thread with all the necessary details

My son has just received a ticket for the same car park. He also believed being late that the car park was free - as it was previously. He was at the Bowling Alley clocked going in at 21.10pm - so also dark & he didn't notice the signs saying he needed to pay as it was now 24 hour parking.