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FightBack Forums _ News / Press Articles _ Smart Parking told to close illegal car park and refund moneys.

Posted by: buttonpusher Fri, 6 Oct 2017 - 13:22
Post #1321368

http://forums.moneysavingexpert.com/showthread.php?t=5723002

http://www.thetelegraphandargus.co.uk/news/15576452.Firm_ordered_to_shut_down_car_park_and_re fund_controversial_fines/

Could get interesting.Council seem to be very wimpish (is that a word?)

Posted by: The Rookie Sat, 7 Oct 2017 - 05:48
Post #1321507

Told smart they 'expect' them to refund......good luck with that, not least that Smart could claim them back from the council for leasing them something that they didn't actually provide - a legal to operate car park.

As for not parking as 'appeals could take months' ha, I wish I lived nearby, public highway, not relevant land simple POPLA kill.

Posted by: ManxRed Sun, 8 Oct 2017 - 12:15
Post #1321758

And no 'reasonable cause' to obtain RK details from the DVLA?

Is that a whiff of a few DPA claims going in?

PS - The usual ignoramous comments at the bottom of the article.

Posted by: The Rookie Mon, 9 Oct 2017 - 04:25
Post #1321878

I would say they did have reasonable cause, they had a reasonably held belief they could use it as a car park based on its previous use. The law doesn't require them to jump through every hoop for that to be reasonable. The situation once they were informed of course is very different!

Posted by: buttonpusher Tue, 10 Oct 2017 - 18:43
Post #1322387

As the council were responsible for incorrectly letting the parking out to Smart, would they be responsible for the refund to the parkers?

Posted by: bama Tue, 10 Oct 2017 - 20:35
Post #1322410

if Smart were their Agent and Smart was doing as instructed by the Council then I think yes the council should be on the hook for the refunds.

Posted by: The Rookie Wed, 11 Oct 2017 - 15:23
Post #1322566

I don't read it like that, I read that the council leased it to smart.

Posted by: bama Wed, 11 Oct 2017 - 19:22
Post #1322643

err, thats the press...
the actual relationship/deal is yet to be ascertained.
(And if leased what does the lease say exactly...)

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