Smart Parking ANPR PCN - only there 15mins - Havens Bank Retail Park Exeter

[brightfrog]

Hi everyone,

 

I know this car park, operated by Smart Parking, has been the subject of many threads here. I nevertheless thought I'd find out whether my situation is different from others.

 

I got a PCN for failing to pay for the time (15min) I spent on the car park.

I had no idea I had to pay to park, as I thought it was a regular retail car park.

 

I received three documents: I

one PCN (pay £54 within 14 days or £90 thereafter)

one reply to my appeal (which was rejected) and

one DRP letter.

 

Here are the details of the PCN:

 

1 Date of the infringement - 20/04/18

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 03/05/18

 

3 Date received - can't remember

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] It refers to the possiblity of appealing through POPLA on the back of the letter

 

5 Is there any photographic evidence of the event? - Yes, 2 pictures with my number plate and time stamps

 

6 Have you appealed? {y/n?] post up your appeal] - Yes

Have you had a response? [Y/N?] post it up - YES - I claimed I did not see any sign and they replied: 'several signs are situated around the car park that advise of the terms and conditions and we can confirm that all signage on site are BPA approved'

 

7 Who is the parking company? Smart Parking

 

8. Where exactly [carpark name and town] - Heavens Bank Retail Park, Exeter

 

I have not responded since my appeal.

 

Can you help at all?

 

Cheers!

Edited July 17, 2018 by dx100uk
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[DragonFly1967]

OK, let's start by telling us exactly what you wrote in your appeal

[brightfrog]

Here it is:

 

I was shocked to receive the penalty charge, not least because I do not recall seeing anywhere that I'd have to pay to be able to park on that car park.

 

In an out-of-town car park of that kind, you'd expect to see a barrier or clear pay machines

. I do not recall seeing any of them

. I simply went shopping to the Range outlet store, thinking it was their car park.

 

After some research online, I realised that many users have already expressed their anger at your company for what appear to be rather deceptive ways of making people pay.

 

It is also my understanding that the ruling Parkingeye vs. Beavis does not apply to pay and display car parks.

 

They held that a clause will be regarded as a penalty only if it 'serves a legitimate purpose' and is not 'manifestly excessive'. Given you are asking me to pay £54 for a £15min stay on the car park, I cannot accept to pay that amount.

 

I am nevertheless willing to pay the £1 fee.

Edited July 17, 2018 by dx100uk
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[dx100uk]

Oopps bang..shot yourself in the foot there...

[brightfrog]

How so?

[DragonFly1967]

Unfortunately, you've effectively named yourself as the driver at the time of the event. This removes a lot of the protection you'd get (as keeper) under the POFA 2012.

 

Plus the fact that you would have probably received that out of time (just about) to create any keeper liability, which would have left Daft Parking with absolutely no where to go.

 

 

But oh well, it is what it is.

 

They still don't stand any real chance of winning this in court if they decide they want to go there, so all is not lost.

[brightfrog]

Thanks very much for your help!

 

Would you suggest I ignore it all for now?

[DragonFly1967]

For now, yes. Wait and see what they do (although you're due a few more letters from Desperate Recovery Plus yet).

 

If they're at all "Smart", they'll realise where your defence will be heading if they want to waste money on a court case. It's highly unlikely that they'd be able to win.

 

Hopefully, Gladrags (their "solicitors" of choice) won't be able to talk them in to wasting even more money on this. You'd think/hope that they'd learned that lesson by now

[brightfrog]

Actually, I managed to find out about the day I received the PCN: 05/05/18 (saw it on the document I saved the text of the appeal on).

 

It is 15 days following the suspected contravention.

 

Is that any help for my case or too late since I have named myself as driver?

[DragonFly1967]

It was in time then, just, but it's too late to worry about that now anyway.

 

Under the POFA, it's 14 days from the day after the parking event (for ANPR captures) so yes, effectively 15 days.

[brightfrog]

Ah ok - well thanks a lot for your help!