Author Topic: Smart Parking - Mecure Hotel Tunbridge Wells  (Read 52 times)

0 Members and 0 Guests are viewing this topic.

Martyn21uk

  • Newbie
  • *
  • Posts: 13
  • Karma: +0/-0
    • View Profile
Smart Parking - Mecure Hotel Tunbridge Wells
« on: February 08, 2024, 08:43:32 am »
Good morning,

I have had some wonderful help by the guys over in the council tickets forum but now is my first time to trouble you all with a private parking charge notice.

I have received the below as the registered keeper of the vehicle in question.  I have just sent an email to the hotel in question to request they cancel the ticket as below but I am not overly hopeful as they state on their website that they "can't" cancel tickets from Smart Parking.

Email sent to hotel
Quote
Good morning,

I write to you as the Registered Keeper of the above mentioned vehicle that has received a Parking Charge Notice from Smart Parking.  I understand that on the evening in question for this notice, the driver of the vehicle was enjoying the facilities of your hotel and bar but it would appear that on this occasion they forgot to enter the car registration into the tablet at reception. 

As this was merely an innocent oversight, could I please ask you to arrange to cancel this Parking Charge Notice from Smart Parking.

Many thanks



Assuming this is unsuccessful in the first instance, would the following apply to me in this case and should this be my next line of approach?



Quote
I appeal as keeper.  I am not obliged to identify the driver and I decline to do so.

You cannot transfer the driver's liability (if any) to me as keeper because:

1 your PCN was not delivered within the 'relevant period' as defined in paragraph 9(5) of Schedule 4 to the Protection of Freedoms Act 2012 ('POFA'); and
2. your PCN does not contain the mandatory warning required by POFA paragraph 9(2)(f).

Either one of the above failures to comply with POFA is alone sufficient to require cancellation of the PCN.  I require you to cancel the PCN or to issue a POPLA Code so POPLA can order you to cancel it.


Thanks in advance!


Share on Facebook Share on Twitter


DWMB2

  • Moderator
  • *****
  • Posts: 646
  • Karma: +17/-0
    • View Profile
Re: Smart Parking - Mecure Hotel Tunbridge Wells
« Reply #1 on: February 08, 2024, 09:16:23 am »
Smart are generally one of the easier parking companies to beat - be sure not to miss any appeal deadlines whilst waiting for the hotel to respond. The appeal template you posted should do the trick. Smart do not even attempt to comply with PoFA, so I generally suggest the below wording, but either that or the one you suggested should do the trick.

Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver is liable for 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,

Any appeal should be submitted ideally online, being sure to do so as the registered keeper, not telling them who was driving. If they do not respond within 35 days, then chase them up.

Martyn21uk

  • Newbie
  • *
  • Posts: 13
  • Karma: +0/-0
    • View Profile
Re: Smart Parking - Mecure Hotel Tunbridge Wells
« Reply #2 on: February 08, 2024, 01:46:21 pm »
Thanks very much DWMB2.

The hotel came back to me pretty quickly this morning to say

Quote
I am very sorry to hear that,

we have signage through out the Hotel as we are unable to assist.  unfortunately you will have to deal with Smart Parking directly, I nor anyone in the Hotel can assist you.

Parking is managed by Smart Parking and it is at their discretion where the fine will be waved.



Kind regards

So I have submitted an appeal as per your post just now and will make a diary reminder for 35 days time.  Thanks

b789

  • Full Member
  • ***
  • Posts: 199
  • Karma: +3/-0
    • View Profile
Re: Smart Parking - Mecure Hotel Tunbridge Wells
« Reply #3 on: February 08, 2024, 02:18:38 pm »
The hotel are spouting bovine excrement about any fact that can't assist in getting their agent to cancel a speculative invoice for an alleged breach of a term. You should remind them that it is likely to affect their future turnover if you, your family and friends decide to choose a different venue in future because of the threat of an additional charge of 100 from an unregulated private parking company after spending money with them.

A robust complaint to the management at the location and also to the CEO of the chain should not go amiss. That aside, the appeal by the keeper without revealing the drivers identity should get this quashed. However, probably not before (not so) Smart Parking refuse the initial appeal. POPLA should shoot them down as (not so) Smart cannot hold the keeper liable.


DWMB2

  • Moderator
  • *****
  • Posts: 646
  • Karma: +17/-0
    • View Profile
Re: Smart Parking - Mecure Hotel Tunbridge Wells
« Reply #4 on: February 08, 2024, 02:40:42 pm »
The hotel are spouting bovine excrement about any fact that can't assist in getting their agent to cancel a speculative invoice for an alleged breach of a term.
They might not be - there have been examples in the past of all sorts of bizarre contracts signed by landowners limiting their control over the cancelling of charges, despite the parking company ostensibly being there on the landowner's behalf.

However, probably not before (not so) Smart Parking refuse the initial appeal.
These days Smart usually do cancel on receipt of a PoFA based appeal along the lines of the one above. They seem to have largely given up their previous tactic of rejecting, then pulling out at the POPLA stage.

b789

  • Full Member
  • ***
  • Posts: 199
  • Karma: +3/-0
    • View Profile
Re: Smart Parking - Mecure Hotel Tunbridge Wells
« Reply #5 on: February 08, 2024, 03:12:08 pm »
They might not be - there have been examples in the past of all sorts of bizarre contracts signed by landowners limiting their control over the cancelling of charges, despite the parking company ostensibly being there on the landowner's behalf.

I'd still complain to the hotel and suggest to them that allowing an unregulated agent of theirs to operate without recourse for them to get their agent to cancel a PCN is likely to cost the hotel in lost future business and shows an intellectually malnourished approach to customer satisfaction. You should let them know that you, your family, friends and colleagues will from now on be exercising your right to take your business elsewhere in future if they think that treating their customers as cash-cows for their unregulated agent is somehow "good business".
Agree Agree x 1 View List