Smart Parking Limited parking fine

jinjur

RMS Regular
Drives
Clio 172
Hi gang, looking a little legal advice

Wife parked in a Smart Parking Limited enforced car park in Lisburn for an appointment. Once she arrived, the girl seeing her checked with her to make sure she had paid and advised that they have cameras etc and my wife confirmed that she had paid. So she did. That's all i need to know.

Roll on a few weeks later, a beautiful Smart Parking Limited letter arrives in the post saying "blah-de-blah, you didn't pay, here's a picture etc" and "pay £60".

The pic shows our car going in and out.

Now, obviously, my wife does not have the ticket, as she had paid fair and square (and I also bust her head about leaving them littered around the car) so she can obviously not prove that she paid. It was paid with cash.

The only proof that we have to date that she didn't pay is Smart Parking Limited saying so.

We went back to them to that effect and they came back with

Thank you for your recent communication.
Having considered your appeal in detail we have decided to uphold the PCN as we believe that it was correctly issued in accordance with the terms and conditions advertised within the area concerned. As your appeal was received within the initial discount period we have extended the discount period until 05/09/2018.
We note the comments in your appeal advising that when visiting the site in question on the day of contravention, you had purchased a ticket for your vehicles stay. Please be advised that having thoroughly checked our payment system we can confirm that there was no payment made for the correct Vehicle Registration Mark (VRM) of VO14ZGH for the 47 minutes stay the vehicle was on site, which subsequently resulted in no payment being assigned to the correct VRM.
Please be advised that as detailed on the car park signage motorists must enter the full and correct VRM into the payment machine, and ensure payment is made for the full required duration. Furthermore, we can confirm that the tickets are printed after the motorist has confirmed that the details they have entered are correct.
Subsequently, as you have failed to pay for your visit for the correct VRM you have breached the advertised Terms and Conditions and as a result we can confirm that we have no option but to uphold the PCN. The Terms and Conditions of the car park are clearly advertised around the site and must be adhered to by all drivers.
Your 3 payment options are:
* By Post: Please send a cheque or postal order, payable to Smart Parking Ltd to Smart Parking Ltd, Unit 43, Elmdon Trading Estate, Bickenhill Lane, Marston Green, Birmingham B37 7HE.
* By Web: To make a payment online with a debit or credit card, please visit www.smartparking.com and have your Parking Charge Notice Number to hand.
* By Phone: Pay via our 24 hour automated telephone payment service on 0845 805 4802. Please have your Parking Charge Notice Number to hand.

Yours Sincerely
Smart Parking Limited
The only thing that we can think of is that she might have put the reg in wrong as the car was new to us (i.e. perhaps putting a "0" instead of an "O" but again, we are not sure.

I am honestly not down with paying the fine to be honest so would I be within my rights to ask them to provide a list of all of the cars that were parked in the car park at that time along with all of the register number plates around that time. This would obviously show a simple character mistake if indeed there was one.

If i told them i would rather take the matter to court (out of principle and I don't have spare 60 sheets etc) would I be within my rights to do so, how would that go down, would a court be reasonable and accept a mistake, does anyone have any experience of the same scenario/company etc?

Sorry for the brain fart

J
 

stevieturbo

RMS Regular
Location
Antrim
Drives
Old Ford
Be easier to reply to them telling them to **** off ?

And any further letters sent to you, will be charged at £200 per letter for you to read them and return them with another "**** off" response
 

DaddyC

RMS Regular
Drives
Golf V5
If they really wanted to they could persue you even in this jurisdiction. But the cost would far outweigh the monies brought in by the fine.

Up to you whether ti risk it but i would personally as have many others on here in the past as it isnt worth the companies time really. Unless they wanna make an example of you :p
 

Terry

RMS Regular
Drives
Carefully
Since you’ve already opened a dialogue with them, I would ask them to check the vrm with a zero instead of the ‘O’ (or the other way about). You should have the approximate time on the photo of entry.

I had the same issue a few months ago. I wrote to them stating that I had paid money in good faith and I didn’t believe any penalty would be in the spirit of the law (something to that effect). They responded a few weeks later and agreed to withdraw the fine.
 

davey-dimples

RMS Regular
Drives
E90 330D
Since you’ve already opened a dialogue with them, I would ask them to check the vrm with a zero instead of the ‘O’ (or the other way about). You should have the approximate time on the photo of entry.

I had the same issue a few months ago. I wrote to them stating that I had paid money in good faith and I didn’t believe any penalty would be in the spirit of the law (something to that effect). They responded a few weeks later and agreed to withdraw the fine.
So basically a fancy **** off then? lol
 

Gaz

This space available for rent
Location
Belfast
Drives
eHorse
As above, you should probably have just binned their letter first day and not even entered any dialogue. Regardless, I would ignore them from this point on.

These companies (note that word - they are businesses - not police or the like) have no legal power anywhere in the UK, and thanks to legislation they can do nothing in NI as Keeper Liability is not applicable. I would look upon their fine with as much worry and stress as I would getting a fine from McDonalds. I've had a few tickets in the past and even tore up one on Boucher in front of the clown who issued it, and told him he was wasting his paper by issuing me any more.

Also, Smart Parking have a history of issuing bogus fines. See here.

Parking Prankster: Smart Parking issuing bogus tickets
 

jinjur

RMS Regular
Drives
Clio 172
So now we have the DRP - Debt Recovery Plus Ltd letter advising of a notice of court action for an unpaid parking charge of £160

Still ignore?
 

AC

RMS Regular
Location
X
Drives
Magic Carpet
Those court letters are smartly worded but full of weasel words. Had a few in the past with the same. Unlieky you’ll hear again after this one.
 

Daviddunlop83

RMS Regular
Location
N.Ireland
I’ve just got one from smart parking for parking over the allowed time in Shane retail park (one opposite Charles hurst)

Best to ignore it or pay the £60?

Can they send debt recovery?
 
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