3. Messages

Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - InnocentDriver

Pages: [1]
1
Private parking tickets / Re: Predatory PCN from SmartParking (OK Diner, Oswestry)
« on: July 29, 2024, 04:54:27 pm »
Thanks to both of you. Lesson learn regarding self-identification... :/

Sorry, file.io decided to remove my submission for some reason. Here's a dropbox link to the appeal and Smart's response: https://www.dropbox.com/scl/fo/6qo2l3vf23i4umvvqa4p5/AAk-MT03oqyUY6GOAdujFwU?rlkey=kfs5yr1rdlwy5onyfsu3z7gog&st=034iuiit&dl=0.

Regarding the contract between SmartParking and the landowner. What is it exactly that we are looking for? As far as I understand from public communications by OK Diner management it seems that they have some agreement with Smart, so what would make their agreement invalid, specifically?


2
Private parking tickets / Re: Predatory PCN from SmartParking (OK Diner, Oswestry)
« on: July 29, 2024, 02:22:32 pm »
Yes, after reading on here for a while I have realised that I have messed up by not going here first.

Please find the PCN I got from the car rental here: https://imgur.com/a/hG67jLQ

I believe the car rental had already told Smart that I am the driver, since they gave them my name and (old) address (I have since moved from the address, so never received the physical mail). But, to top it off, I have also identified myself as a driver in my appeal letter. The appeal was rejected without counter-evidence. Please find the appeal and response files here: https://file.io/YzAlxq6GSnJt.

So I don't think I can play this unidentified driver card.

Do you think it is still possible to appeal? My appeal was mainly due to lack of signage (no signage on entry, no signage where parked, and not clearly distinguished from a nearby Starbucks parking lot), so I was hoping to go on that. They rejected it, of course, without providing evidence.

One thing I have noticed is that SmartParking is a new thing at most OK Diner locations (many complaints online), and I am worried that they may have installed signs _after_ they issued the PCN to me. Unfortunately, I do not have any more recent photos since I don't live nearby, and in fact have moved abroad since. Can POPLA request Smart provides evidence at the time of the offense? What is the downside if I appeal and lose and would I owe anything else besides this fine?

Here are also some complaints of other people getting the charges (some were customers and some aren't) at different locations, where a portion of them also specify lack of signage.

And thanks for the tip about Smart contract issues!

3
Private parking tickets / Predatory PCN from SmartParking (OK Diner, Oswestry)
« on: July 29, 2024, 01:09:30 pm »
Hi all, I would appreciate advice on what is the best course of action against a parking charge from SmartParking.
I've travelled to North Wales on the 10th of June with a rental car. On the way back I stopped at a Starbucks to get coffee and use the bathroom. I parked at what I thought was a shared parking lot between the Starbucks and OK Diner, and left after 11 minutes (https://maps.app.goo.gl/cN7JjiVxk2P7CefW8). (The parking lot was empty so I could have parked anywhere, but I didn't think much of it.)
One month later I have received a parking charge notice (PCN) that was forwarded to me by the car rental, issued by SmartParking. The PCN has photos of my rental car entering and leaving the parking lot, and the reason for the charge is "Parked without authorisation". The fine is £100 (+£40 for admin from the rental).

I remember I looked around for parking signs when I parked, and as I didn't see any I thought it was ok to park there. I have submitted an appeal with SmartParking due to insufficient signage and have provided the following proof:


I have submitted all this to SmartParking, but they have rejected it. They say that their signage is BPA approved "There are several signs situated around the car park that advise of the terms and conditions and we can confirm all signage on site is BPA approved.", but didn't provide any evidence to the contrary of my evidence.

Unfortunately, the Google Street View images are about 2 months older than the PCN, so it probably does not hold as evidence, and since I have since moved abroad I am unable to go there to take the pictures for evidence myself.

They are essentially giving us two options:

1. Pay the fine. (If paid within 14days pay only £60 instead of £100.) + the £40 from the rental.
2. Appeal to an independent appeals service (POPLA), and:
a) If the appeal succeeds - pay nothing
b) If the appeal gets rejected then I must pay the £100 (no discounts).

I would like some advice on whether appealing to POPLA is likely to succeed. Would POPLA even go there to take evidence or will they simply believe what SmartParking says? What are the best steps to take against this possibly predatory charge?

Pages: [1]