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Smart ANPR PCN - Appeal Refused - overstay - WELCOME GYM, MAIDSTONE ME16 0DT


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Posted (edited)

Smart Parking LTD - overstay - WELCOME GYM, MAIDSTONE ME16 0DT
Arrival Time: 17:03:03
Departure Time: 18:10:15
Date of Contravention: 28/10/2023
Date Issued: 15/11/2023

On the 28th of October, I was parked at the gym for only 67 minutes to use the spa facilities. I had only recently joined the gym, I was a new member at the time.
I was using the gym facilities at the duration of the stay.
Contacted the gym and they have also refused to help as I have now cancelled the membership. 
They also have photographic evidence of the car.

After an internal appeal with the company Smart Parking LTD, they have now said it must be appealed through POPLA

"Thank you for your recent communication.
Having considered your appeal in detail we have decided to uphold the Parking Charge Notice (PCN) as we believe that it was correctly issued in accordance with the terms and conditions advertised within the area concerned. 
We note the comments made in your appeal, however we cannot rescind the PCN on this basis. Please note, it is the motorist's responsibility to ensure that their full and correct registration details are registered to ensure that their vehicle is made exempt from the terms and conditions of the car park. We can confirm, having checked our systems, no validation was made against your vehicle registration therefore your vehicle was not made exempt from the terms and conditions stated on the signs in the car park on the date of contravention.
We would like to make you aware that a new contract is formed between yourself and the parking site, with each that you make and complete, entering and exiting. Motorist must ensure that their vehicle is registered whilst it remains on site, and covers each visit on site/ the duration of their stay on site.
The contravention in question is in regards to unauthorised parking. As your vehicle remained on site for 67 minutes we can confirm that this PCN has been issued correctly and we have made the decision to uphold the charge.  The Terms and Conditions of the car park are clearly advertised around the site and must be adhered to by all drivers."

Are there any grounds to fight this parking Charge?

Thank you.
 

Edited by dx100uk
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Hi cromorojo and welcome to CAG,

Yes, there will be numerous grounds to fight this "invoice" (it isn't a fine).

Please complete the below sticky and we'll offer our help from there...

https://www.consumeractiongroup.co.uk/topic/391121-have-you-received-a-parking-ticket-please-fill-this-out/#comment-4683610

 

We could do with some help from you.

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You'll see in the sticky that Nick linked to that we don't recommend appealing, which I see you did. Still, we are where we are.

Please don't contact Popla, it will be a waste of your time because they hardly ever grant appeals. Smart won't want to because they lose money if they allow appeals.

Perhaps you could also show us what you said in your appeal?

HB

Illegitimi non carborundum

 

 

 

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Never ever appeal to the PPC, remember this next time.

Not and never will be a fine, private parking company invoice, calling it a fine gives it authority when it has none.

What is the maximum parking time they have said is permitted as you were only there for 67 minutes and that doesn't seem long enough to use a gym to me?

If it is a maximum stay of one hour then by they own 'rules' they must allow a minimum 10 minute grace period.

Ignore everything else they send you unless you get a Letter Before Action then you reply to that with a good old snotty letter telling them you can't wait to see them in court when you point out the glaring error they have made.

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Thank you for the reply and the warm welcome.

1 The date of infringement? 28/10/2023 at 17:03:03 to 18:10:15
 
2 Have you yet appealed to the parking company yet? Yes.
I sent them a screenshot of the gym membership and said I parked there because I am member of the welcome gym.
Appealed on the
https://www.smartparking.com/uk/appeal-a-parking-charge-notice

Has there been a response? I posted the response in the initial thread which was sent via email from Smart Parking Limited.

Have you received a Notice To Keeper? Yes

What date is on it? 15/11/2023

Did the NTK provide photographic evidence?  Yes, two images of the car displaying the number plate

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA)? Yes

4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? Yes, to appeal through POPLA.

5 Who is the parking company? Smart Parking LTD
 
6. Where exactly [Carpark name and town] did you park?  WELCOME GYM, MAIDSTONE ME16 0DT

@honeybee13 Thank you, I sent the screenshot of the welcome gym membership and told them I parked there because I am member of the welcome gym.

However, they said the registration was not registered with the Welcome Gym reception and the gym have refused to help with the appeal.

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Could you upload the NTK they sent in the post please?

It also sounds from the above that you "outed" yourself as the driver in your appeal?

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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I understand. The trouble is that a lot of people who appeal out themselves as the driver at the time of the ticket, which helps the PPC. If they don't know who was driving [and you don't have to tell them], it makes their lives harder.

Sorry, crossed posts with Nicky Boy.

HB

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Illegitimi non carborundum

 

 

 

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Posted (edited)

Thank you! It was my girlfriend driving, English isn't her first language and she struggles with these types of issues.

They have her name, address, and number plate.

I've uploaded a copy of the NTK taken with a mobile phone.

 

Smart Parking LTD PCN.pdf

Edited by dx100uk
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  • dx100uk changed the title to Smart ANPR PCN - Appeal Refused - overstay - WELCOME GYM, MAIDSTONE ME16 0DT

the NTK is out of date +14 days

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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@Nicky Boy Yes, she is the owner of the car. I was in the car with her.

I told her to ignore the parking company until they send a letter to action.

Will they take her to court?

@dx100uk I only learned about the PCN from my girlfriend last weekend.

I was going to appeal with POPLA today but a friend of mine recommended this forum to me.

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a letter of claim.

as for court , no (not so) smart dont do court as they never manage ever to get everything right...like the NTK being outside of 14days.

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Posted (edited)

This site has been in existence for 18 years and in all that time we haven't seen Smart ever take a motorist to court.

Of course they huff and puff that they are going to burn your house down if you don't pay, but ultimately they don't do court.

Edited by FTMDave
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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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EXCEPT a Letter OF/Before Claim.

Tell her to show you everything that arrives.

If in any doubt please ask...

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • 2 months later...

There are many things that the private parking companies have to get right before that can win should they go to court. Smart have fallen at the first hurdle-getting the PCN to your g/f within 14 days of the alleged breach. That means that the registered keeper is not liable to pay the charge oly the driver can be pursued.

As your g/f actually used the gym and maybe she has not thrown away her old membership card [?} there is no reason for the case. Black marks to the gym. i would have taken them a phone call to cancel it. if it was me I would go on Trust Pilot to complain about their lack of help and warn others to avoid a company that treats their recent ex customers so badly.

 

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Thank you, I will leave them a trustpilot review stating that they refused to help with the case.

I tried to look up the owner of the London Retail Park in Maidstone but to no avail, I can´t find the owner. In that case, should I contact the manager of Welcome Gym with the following letter?

 

"I hope this letter finds you well. My name is [Your Name], and I am writing to bring to your attention a concerning issue related to my recent experience with the parking facilities at Welcome Gym, Maidstone ME16 0DT, which is managed by Smart Parking LTD.

On the 28th of October 2023, I utilized the parking services at Welcome Gym for a duration of 67 minutes while using the gym's spa facilities. As a new member at the time, I was genuinely looking forward to enjoying the amenities provided by the gym. However, my experience has been marred by an unjustified overstay charge imposed by Smart Parking LTD.

The details of my visit are as follows:

Arrival Time: 17:03:03
Departure Time: 18:10:15
Date of Contravention: 28/10/2023
Date Issued: 15/11/2023
It is important to note that during my stay, I was actively using the gym facilities as a legitimate member. Subsequently, I reached out to the gym in an attempt to resolve this matter, but regrettably, they were unable to assist me as I have since cancelled my membership. Furthermore, I understand that the parking management company possesses photographic evidence of my car during the specified time frame.

Despite my efforts to address this issue through an internal appeal with Smart Parking LTD, they have insisted that any further appeals must be directed to POPLA. I find it disheartening that a company, which should prioritize customer satisfaction, is unwilling to reconsider a charge that I believe is unfounded and unreasonable.

My primary concern is the damage this incident may inflict on the reputation of your esteemed establishment. I am puzzled as to why Welcome Gym would be associated with a parking management company that appears to treat its customers as adversaries rather than valued patrons. I respectfully question the decision to allow a third-party entity to jeopardize the positive image of the Welcome Gym brand.

Furthermore, I urge you to consider the economic impact of such practices on your business. The £160 charge that Smart Parking LTD seeks to extract from me could be better spent within the confines of your establishment, contributing to the growth of a productive and customer-friendly environment rather than benefiting a non-productive entity such as Smart Parking LTD.

I kindly request your intervention in this matter to rectify the situation and maintain the trust of your customers. I trust that you will investigate this issue thoroughly and consider the potential repercussions for both your patrons and the reputation of Welcome Gym.

Thank you for your attention to this matter, and I look forward to a prompt resolution."

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Hi. I think you're right to contact the gym.

I don't want to be offensive though, but did you use AI to write the letter? It sounds very American and in my world, nobody starts a letter 'I hope this finds you well'. They could have seen loads of these.

I would write something shorter, in your own words like you explained to us here, nothing complicated. The AI version could be useful to you in knowing how to lay out a letter.

Post it up here if you like and we'll help you to refine it. :)

HB

 

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Illegitimi non carborundum

 

 

 

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I'd be binning everything past the bit about the unreasonable charge and rewriting the rest.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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i disagree with both views above. it was polite and reasoned and any decent company would acknowledge that they owe their customers their help in cancelling the PCN. 

If they don't then help you can follow up with the Trust Pilot  report.

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Posted (edited)

Thank you, I used ChatGPT to write the letter.

The gym previously refused to help with the charge and I can't find the owner or the car park which is the London Road Retail Park in Maidstone.

Edited by cromorojo
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