jinjur
RMS Regular
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- 2,014
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- 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
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
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.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
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