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Live cases legal advice => Private parking tickets => Topic started by: idontliketickets on July 01, 2024, 07:26:48 pm

Title: Re: Smart Parking Ltd - Southampton - PCN while car at garage
Post by: idontliketickets on August 06, 2024, 11:38:41 pm
This would be correct :)
Title: Re: Smart Parking Ltd - Southampton - PCN while car at garage
Post by: DWMB2 on August 02, 2024, 10:30:42 am
Quote from: Dave65 on August 02, 2024, 10:23:53 am
Can you tell us why it was cancelled by Smart, their reply?
If I were a betting man, I'd wager:
Thank you for your recent communication.

I have noted the points you raised and would like to confirm that we are cancelling the Parking Charge Notice.

If I can be of any further assistance please do not hesitate to contact me.

Yours sincerely,

Smart Parking Ltd
Title: Re: Smart Parking Ltd - Southampton - PCN while car at garage
Post by: Dave65 on August 02, 2024, 10:23:53 am
Can you tell us why it was cancelled by Smart, their reply?
Title: Re: Smart Parking Ltd - Southampton - PCN while car at garage
Post by: idontliketickets on August 02, 2024, 07:29:25 am
Keeping to my word and finally have an update.
The ticket has been cancelled!

Truly thank you for all your help and advice :)
Title: Re: Smart Parking Ltd - Southampton - PCN while car at garage
Post by: DWMB2 on July 02, 2024, 12:25:00 am
Quote from: idontliketickets on July 01, 2024, 11:51:27 pm
so shall try contact the garage tomorrow and if they don't agree shall go with your recommendation.
Agree to what, exactly? At the moment, you are the one in receipt of a parking charge from a private parking company, which you currently have not paid, and which Smart are unable to recover from you as the registered keeper. On that basis, there is nothing for the garage to reimburse you for, as you have not currently suffered any loss. If you pay, then the garage subsequently refuse to reimburse you, then you'd need to sue the garage to get the money back, and they're likely to argue that you voluntarily paid the charge when you were not required to, and that they therefore owe you nothing.

You could ask them to pay it directly, but that requires you to trust that they will - given that they couldn't even be trusted to park your car in a suitable place, that seems like a gamble.

You could provide the name and address of the business with whom you left the car, and tell Smart Parking that they should ask the garage who was driving, but there too you risk the matter becoming protracted.

I can understand the desire to make the garage pay, as it is their incompetence that has caused this. However, if you submit the appeal suggested, there is a near certain chance that Smart Parking will cancel the charge, and you can simply get on with your life, and choose an alternative garage for future repairs (and perhaps leave a negative Google review if you are so minded).
Title: Re: Smart Parking Ltd - Southampton - PCN while car at garage
Post by: idontliketickets on July 01, 2024, 11:51:27 pm
Thank you for your response this looks super helpful!
I am indeed the registered keeper, so shall try contact the garage tomorrow and if they don't agree shall go with your recommendation.
Shall update if anything changes and thanks again!
Title: Re: Smart Parking Ltd - Southampton - PCN while car at garage
Post by: DWMB2 on July 01, 2024, 08:46:50 pm
With this being Smart Parking, you have a very easy way to get out of this. They choose not to make use of Schedule 4 of the Protection of Freedoms Act 2012 to be able to recover charges from the registered keeper*. As such, you have no liability. You could therefore appeal along the lines of the below as the keeper:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,

If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, and keep a close eye on your spam folder for their response. If they do not respond within 35 days, chase them.

* If you are not the registered keeper, tell us before submitting anything, as the approach will need to be different.
Title: Smart Parking Ltd - Southampton - PCN while car at garage
Post by: idontliketickets on July 01, 2024, 07:26:48 pm
Dropped off my car near the beginning of June at a local garage and received it back on the 10/06/24. Had multiple problems with the garage as they handed it off to someone who kept on delaying the completion date but eventually got it back and fixed after a lot of hassling and getting them to wave the labour cost. Received a PCN today (links below) and it seems either the garage or the person they handed it off to drove the car into central Southampton and left it there for a few hours, resulting in a PCN.


I have proof of when I picked up the car (a receipt) and possibly proof of when I dropped it off (location data from my blackbox but not sure how admissible that actually is).


As I'm not in Southampton at the moment, I plan on calling the garage tomorrow to ask for payment but they will most likely deny any responsibility. So my question is, if they do so, what should be my next course of action?

Thanks in advance for any advice :)

https://ibb.co/dWFj1wg
https://ibb.co/NtzTrD7