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Parking Charge Notice Astle Retail Park, West Bromwich, Used to be a free parking after 6pm now its 24 payment
motorist007
post Fri, 21 Oct 2016 - 10:37
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Hello,

I parked in Astle Retail Park, West Bromwich. Which is a retail park and all the shops close by 6pm the only thing that is open is Pure Gym which is 24 hours.

I've been using Pure gym there for years and its always been free parking after 6pm. So i've parked there after 6pm as usual on my gym days. I noticed the barriers were removed, but thought nothing of it as I was parking there during the late evening anyway and the car park is frequented by a handful of gym members.

I then receive two notices attached.

I am stunned they would even change the car park to 24 hours, which effectively targets the gym members. All other car parks in the areas are free after 6pm.

What can I do to successfully dispute this? Or should I ignore it?
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post Fri, 21 Oct 2016 - 10:37
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emanresu
post Fri, 21 Oct 2016 - 10:54
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Go back to the Gym. There is usually a means of getting these cancelled if you press them. When is your membership up? Go heavy on the using the gym for years.


--------------------
Where there is a claim - there is a counterclaim.
Are Parking companies misusing your personal data or interfering with your lease? Counterclaims are only £25. Makes them sit up and take notice. For leaseholds, join in the Managing agents too. Since the purpose of these claims is to frighten you, give them something to be frightened of.
Subject Access Requests to the DVLA?Find out who accessed your data and when. Try SubjectAccess.Requests@dvla.gsi.gov.uk. [Apologies if it does not work]
Double Dip / ANPR FaultsThe BPA Report on ANPR Double Dips is here. Ideal case for a counterclaim (see above).
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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motorist007
post Fri, 21 Oct 2016 - 12:40
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I did check with the gym. They said they do not own the car park and do not have any control over it. They said they have advised alll member to park in the car park across the road. Which really doesn't help with the current parking notice.
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Jlc
post Fri, 21 Oct 2016 - 12:59
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So they did this then:

QUOTE
18.11 Where there is any change in the terms and conditions that
materially affects the motorist then you should make these
clear on your signage. Where such changes impose liability
where none previously existed then you should consider
a grace period to allow regular visitors to the site to adjust
and familiarise themselves with the changes.


No? Thought not...

QUOTE (motorist007 @ Fri, 21 Oct 2016 - 11:37) *
What can I do to successfully dispute this? Or should I ignore it?

Well Smart will reject anything you say as they just want the cash. We don't recommend ignoring... One key point is that they don't comply with the Protection of Freedoms Act for 'keeper liability' so they can only pursue the driver. Don't reveal or imply the driver.

We have seen a few similar cases where previous barriers (which can actually be far more effective) being replaced with ANPR cameras - which just capture genuine 'customers' unawares. Welcome to private parking - you can be sure the landholder gets a cut of paid tickets...


They aren't known for issuing court claims in any numbers but there's 6 years for these things to be pursued.

Whilst the gym may not have contracted them directly, the are leasing from the landholder who obviously has introduced these controls to the detriment of the gym... I suggest you advise the gym that and cancel your membership (if/when you can).

This post has been edited by Jlc: Fri, 21 Oct 2016 - 13:02


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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motorist007
post Fri, 21 Oct 2016 - 18:27
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Thanks for the reply. Is there a template letter I can use to dispute and lodge a appeal with Smart.

I think I can appeal via their website.
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SchoolRunMum
post Fri, 21 Oct 2016 - 18:53
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QUOTE (motorist007 @ Fri, 21 Oct 2016 - 19:27) *
Thanks for the reply. Is there a template letter I can use to dispute and lodge a appeal with Smart.

I think I can appeal via their website.

Yes indeedy, here on MSE:

http://forums.moneysavingexpert.com/showthread.php?t=4816822

Smart often cancel when they see the appeal shown there in blue writing. Submit it online and do not say who was driving. If they do reject then Smart are a cinch to beat at POPLA as long as the keeper has not said who parked, nor implied it. Hence why there is a template, to stop people writing their own words.
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motorist007
post Sat, 22 Oct 2016 - 22:05
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Thanks so much. I have just lodged the appeal online. I will update their response. Fingers crossed.
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SchoolRunMum
post Sat, 22 Oct 2016 - 22:09
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Well yes, but you don't need that - they are a cinch to beat at POPLA, by a keeper appellant. It's their own fault for not using POFA wording on the PCN.
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