Smart Parking Charge - help-won

[dizzi]

Re: Smart Parking Charge - help-won

M1 are you still looking at this thread?

Enterprise are refusing to give me the money back:

Dear Enterprise Rent-A-Car,

R.E. Your letter dated 23/09/2015

On the above date I was sent a letter to inform me of an alleged violation and that I consequently have been charged the sum of £35.00 by Enterprise Rent-a-Car for an admin fee.

This so called violation has been successfully appealed as the issuing agency did not have, or has not shown, the necessary authority to issue a parking violation.

Please find attached your original letter, the "parking charge notice" as received by Enterprise Rent-a-Car, a Smart parking letter containing relevant information and the POPLA decision notification. I draw your attention to the parking charge notice number (XXXXXXXXX) and the independent appeals verification code (XXXXXXX) which can be seen on the various attachments.

I would like the amount of £35.00 to be refunded. If Enterprise Rent-a-Car wish to pursue any admin fee may I direct you toward Smart Parking LTD for reimbursement. If you require further evidence to the "parking charge" then you can contact POPLA on 03301 596126 quoting the verification number and assessor, P T.

Regards

D


From: C R
Subject: RE: Invalid Violation Notice - Refund of Admin Fee

Good morning
This fine hasn’t been cancelled and this says in the letter from smart parking. We would only refund the admin fee if the fine is officially cancelled and this is not the case.

Kind regards

[Kati]

Re: Smart Parking Charge - help-won

:bump: for [MENTION=5354]mystery1[/MENTION] xx

[ostell]

Re: Smart Parking Charge - help-won

When you write back to them would you care to point out to them that it was not a "Fine". Looks like someone at Enterprise doesn't know what they are talking about and a POPLA decision in you favour means that the charge must be cancelled by the PPC.

[dizzi]

Re: Smart Parking Charge - help-won

I gave them a call, the person who replied was not willing to get on the phone with me, they are now going to call POPLA.

They want a letter from Smart Parking saying the charge has been cancelled with the registration number.

[Openlaw15]

Re: Smart Parking Charge - help

My appeal was successful!

Decision
Successful

Assessor Name
P T

Assessor summary of operator case
The operator states that it issued the Parking Charge Notice (PCN) on the basis that the appellant’s vehicle was parked in excess of the permitted free time.


Assessor summary of your case
1. The charge is a penalty 2. Unfair charges 3. Locus Standi 4. Signage 5. Keeper liability


Assessor supporting rational for decision
The appellant has raised several grounds for appeal. However, my findings will focus on landowner authority, as this ground has persuaded me to allow the appeal. Section 7 of the British Parking Association (BPA) code of practice requires operators to own the land or to have written authority from the landowner to operate on the land. As the operator has failed to provide any evidence in response to this ground of appeal, it has failed to prove that it has the required authority to operate on the land in question. I have not considered any other grounds for appeal, as they do not have any bearing on my decision.



- - - Updated - - -

Now I can get back my money from enterprise !

Well done Mystery1/ Dizzi.

Rather than to keep re-inventing the wheel, things may be resolved much earlier than an appeal to POPLA by sticking to the likely salient points (main argument) rather than many points, which may not be necessary. If the OPs were to cite the land-owner's permission is required it seems this alone would be a cogent argument where the OP defends the contractual claim to the company in the first instance. I would hazard a guess and say that unscrupulous companies charging either unfairly or charges on private land likely know what the outcome would be on an appeal (it's foreseeable). It costs the company money to appeal too so in my view it's economics versus poker in that if the Op is confident with their set of cards, confident to challenge the company in the correct manner it seems likely the company will back down if it knows its chances of winning are slim especially the loss of what the appeal costs them.

[mystery1]

Re: Smart Parking Charge - help-won

Dear Enterprise,

As previously advised my appeal against this charge was allowed by the British park association appeals system "popla" which means no charge is payable.

https://www.popla.co.uk/faqs-and-advice

What happens after I receive my decision?


After POPLA has considered your appeal and issued a decision, it will issue the decision to both you and the parking operator. If your appeal has been allowed, you will not need to do pay the parking charge and the parking operator will not be able to pursue you for it.



Aside from this, i note conditon 3 g from your own terms and conditions and point out that this is not a fine. I refer you to http://www.britishparking.co.uk/writ...update_V6..pdf

"14.2 You must not use terms which imply that parking is
being managed, controlled and enforced under statutory
authority. This includes using terms such as ‘fine’, ‘penalty’
or ‘penalty charge notice’.
14.3 The abbreviation ‘PCN’ is also used to mean a ‘penalty
charge notice’ in the regulated environment. Unless
you have previously defined a PCN as a ‘parking charge
notice’ on your signs and notices, you must avoid using the
term ‘PCN’ to avoid confusing drivers about the
nature of your parking enforcement.


It is clear that no "offence" has been committed or indeed could be committed on private land. If your staff have been duped that is your problem, not mine. Please return the fee you took immediately.

Yours etc

M1

[dizzi]

Re: Smart Parking Charge - help-won

I sent a message similar to your template here M1, and did not receive a reply. I am not sure if legally they need to reply, they have my money and that may be good enough for them?

Not sure where to go from here, I have tried calling them and the person responsible for the decision refused to speak to me. I would not recommend Enterprise rent-a-car.

[mystery1]

Re: Smart Parking Charge - help-won

Was it a credit card ?

M1

[dizzi]

Re: Smart Parking Charge - help-won

Was it a credit card ?

M1

Bank debit card

[mystery1]

Re: Smart Parking Charge - help-won

http://www.which.co.uk/consumer-righ...use-chargeback

If they will not communicate, i'd do that.

M1

[dizzi]

Re: Smart Parking Charge - help-won

http://www.which.co.uk/consumer-righ...use-chargeback

If they will not communicate, i'd do that.

M1

Will Smart parking cowboys or POPLA send me something through the post that I can forward to Enterprise? I hope so.

[mystery1]

Re: Smart Parking Charge - help-won

Popla send the result and that's it as far as i'm aware. You could ask them though ?

M1