Author Topic: Smart Parking - OK Diner- Parking Charge  (Read 2479 times)

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Smart Parking - OK Diner- Parking Charge
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Good Morning,

Got following parking charge - https://imgur.com/a/8XxCgB2

I have appealed Stansted drop off charges succesfully in the past, just wanted to double check what is the best wording for appeal for Smart Parking?
Thank you

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Re: Smart Parking - OK Diner- Parking Charge
« Reply #1 on: »
Welcome to FTLA.

To help us provide the best advice, please read the following thread carefully and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide.

From a quick look at the notice, they appear to have complied with the requirements of Schedule 4 of the Protection of Freedoms Act, which allows them to seek to recover the charges from you as the registered keeper. It would be useful to see the signage at the site, as well as a quick summary of what happened on the occasion in question.

Re: Smart Parking - OK Diner- Parking Charge
« Reply #2 on: »
Thank you for promt reply.

Long story short, we went on fishing trip, this was random stop to get some drinks and food. After getting drinks in the petrol station, the diner had quite a lot of people waiting in the queue, therefore we decided to move on.
To be honest I didn't notice any parking signs there, but checking google maps now, it states that parking is for customers only, only thing to note down the google maps updated in 2022.

https://imgur.com/a/12id3ie

Re: Smart Parking - OK Diner- Parking Charge
« Reply #3 on: »
Any help would be greatly appreciated.

Re: Smart Parking - OK Diner- Parking Charge
« Reply #4 on: »
That photo is out of date. Do customers of the diner have to pay for parking? Did the driver park in the OK Diner car park, walk over to the garage to purchase something or was the stop at the garage a separate incident?

I am trying to figure out how the alleged contravention was recorded. Do patrons of the diner have to enter their VRM in order to register their stay in the car park?

The alleged contravention of "05A - paid for insufficient time", on its own, makes no sense. It suggests that this is a pay to park car park. If so, how come the driver was not aware of this?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Smart Parking - OK Diner- Parking Charge
« Reply #5 on: »
Hi,

I have done some diggin and looks like when you order food they ask you to enter your reg number, lots of posts on internet about their parking practice, as far as driver was aware there was no way to pay for the parking.

That is correct, driver stopped at OK Dinner parking, went over to garage to grab a drink, then went to diner, but there was a lot of people waiting in line, the queue was up to the enterance.
 

Re: Smart Parking - OK Diner- Parking Charge
« Reply #6 on: »
Without seeing the signage, it is difficult to advise fully. Is the car park at the diner advertised as "pay to park"? If it is not and is only a customer validation model, the PCN reason implies a pay-to-park model, but the site operates on a “customer validation” basis. This misrepresentation invalidates the alleged breach.

The driver attempted to use the facilities but was deterred by excessive wait times. This is a reasonable consumer decision and does not constitute misuse of the car park. Of course, this depends on the signage.

I suggest you appeal for now with the following:

Quote
I am the registered keeper of the vehicle and I dispute your Parking Charge Notice. The reason stated—“paid for insufficient time”—is factually incorrect, as this site does not operate on a pay-to-park basis. The car park is validated via VRM entry at the till upon purchase of food. No such purchase was made due to excessive queue times, and therefore no opportunity to register the vehicle existed. No contract was formed, no consideration exchanged, and no signage indicated any alternative method of registration.

Should you refuse to cancel this PCN, you are hereby put to strict proof of how you allege any contract was formed—specifically by signage—and how that signage communicated that failure to register a VRM without making a purchase constitutes a contractual breach.

The PCN is therefore invalid and must be cancelled.

Let's see what they come back with.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Smart Parking - OK Diner- Parking Charge
« Reply #7 on: »
Quote
Of course, this depends on the signage
If your aim is to fight this all the way, signage will certainly be important.

Re: Smart Parking - OK Diner- Parking Charge
« Reply #8 on: »
Thank you, appriaciate the help. I have sent appeal through, will see what will be response.

The place is almost an hours drive from home, but if needed could go to take some photos.