Smart Parking - Machine Rebooted / faulty - won

[bluemoonste]

This is an unusual one which has been appealed against but the deadline for paying the £50 is on 07/01/16, so would appreciate some advice asap before it goes up to £95.

The driver parked at Matalan in Stockport, but as he put his £1 in the machine and typed in his registration the machine rebooted and took about 90 seconds to restart. After this period it issued his tickets which the driver displayed on his window.

Of course he didn't keep them because he'd done nothing wrong but now he has no evidence that the fee was paid and displayed and has been issued with a charge.

The dilemma is does the driver pay the £50 ( unfairly in his opinion ) knowing he has have lack of evidence ?

The letter is dated 25/12/15.

Kind regards & many thanks
Steve

[ostell]

Re: Smart Parking - Machine Rebooted / faulty

You could try going into Matalan and complaining to the MANAGER.

What was the reason for issuing the PCN? Date of "Offence" and date you received the PCN?

Edit your post so that the driver is not identified, ie the driver did this, the driver did that.

Not unusual, just money grabbing PPCs.

[bluemoonste]

Re: Smart Parking - Machine Rebooted / faulty

Can the manager reverse / cancel the charge ?

The date of the 'offence' was 20/12/15 and the letter was received on 2/1/16

It was issued for 'unauthorised parking of the vehicle on the land on the relevant date as owner of the land, on the basis of a contractual right to occupy or to have possession of the land, or acting as agent of the landowner'.

'By either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted, in accordance with the terms and conditions set out in signage, the Parking Charge is now payable to Smart Parking ( as the creditor )'

[mystery1]

Re: Smart Parking - Machine Rebooted / faulty

Can the manager reverse / cancel the charge ?

They can arrange it.

If not i'd certainly appeal even though it does raise the amount. Generally though this discount amount is extended following a failed appeal as they don't want a follow up appeal to popla to deal with which is costly for them.

M1

[bluemoonste]

Re: Smart Parking - Machine Rebooted / faulty

The driver has just spoken with the store manager who suggested that the appeal should be launched in the first instance but if it fails, to contact them.

Sounds interesting !

[bluemoonste]

Re: Smart Parking - Machine Rebooted / faulty

Today the driver received a debt collection letter from Debt Recovery Plus demanding £155. The called the manager at Matalan who said they cannot write parking fines off any more.

The driver appealed against it on 18/1/16 by email and received acknowledgement of the email on 20/1/16 from SmartParking but has since had no correspondence by letter or email from Smart Parking until receiving the DRP demand today.

The driver therefore has no POPLA code or evidence of the appeal failure. What are the next options please ?

regards
Steve

[mystery1]

Re: Smart Parking - Machine Rebooted / faulty

Dear sirs,

I refer you back to your client and the fact this is subject to appeal and that continuing to pursue whilst said appeal is outstanding is a breach of the BPA code of practice. I trust this is a misunderstanding on your/their part and i await the appeal result.

Yours etc

Email the scum and cc the other scum.

M1

[bluemoonste]

Re: Smart Parking - Machine Rebooted / faulty

I assume the above is to go to DRP ? Should I also chase up the appeal decision via Smart Parking ?

Many thanks

[mystery1]

Re: Smart Parking - Machine Rebooted / faulty

That's who i meant by scum (drp) and other scum (smart).

M1

[bluemoonste]

Re: Smart Parking - Machine Rebooted / faulty

much appreciated :-)

[bluemoonste]

Re: Smart Parking - Machine Rebooted / faulty

Just received the following email following your advice - thank you soooooooooooooo much for your help and for the help you give everybody else against these 'people' !!



Dear Sir/Madam,

Thank you for your recent communication.

We can confirm this PCN has now been cancelled.

Kind Regards,

Smart Parking