Residents accuse Rhyl car park operators of ‘brutal bullying tactics’

A total of six people told the Journal that they have been fined after using Morfa Hall car park on Church Street, which has been run by Smart Parking Ltd since November 2018.

The car park has been owned by Gamlins Law, who are based at Morfa Hall, since it bought the land from Wales Council for Voluntary Action in October 2020.

Complaints about the car park include:

• Parking fine tickets being issued automatically based on automatic number plate recognition (ANPR) cameras.
• Its positioning adjacent to the disability parking at Rhyl Library, which is operated by Denbighshire County Council.
• Faulty ticket machines.

The council-ran disabled parking spaces were part of a 'Free After Three' scheme. (Image: Kerry Roberts)

The residents’ comments can be read in full below:

Anonymous resident

“It's totally separate from the library car park, which is disability parking only, and which has a separate machine, signs and rules.

“The barrier between the two car parks always seems to be open, which leads to confusion, as there is no obvious way of knowing you've driven from council-owned land to Gamlins Law-owned land.

“Parking fine tickets are sent automatically based on number plate recognition, by which time, most people have got rid of any evidence, e.g. their receipts etc, to prove they paid.

“Fines are approximately £60, rising to £100. If you refuse to pay, they raise that to £170, and issue with threats to take you to court.

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“It's my belief that the positioning of the car park being adjacent to the council’s disability-only library car park causes the amount of fines to be more than they would if you simply knew you were entering a private car park.

“Both car parks have separate machines and signs, but it isn't always obvious when you're in a rush; the barrier is down, and you could be mistaken about the library car park being simply the 'disability area'.

“They don't seem to honour the parking legislation regarding a 10-minute grace period of time (to get change, enter your registration number etc), instead going by the entry/exit times on the time-stamped ANPR cameras.

“This car park can't silently threaten people with court action anymore. Their brutal bullying tactics to get people to pay these unjust fines need to be made public.”

Michelle Hughes (Totalled £340 of unpaid debts from three parking fines)

“I got three tickets at Morfa – one was when we had a massive storm, where trees fell and sand covered Rhyl promenade. I parked there, and realised the machines were not working.

“It was impossible for me to buy a ticket with no machines. I thought there would be some kind of leeway, or maybe a letter sent to my address, stating I owed for the ticket that day.

“I moved the car after an hour, but got a fine through the post for that.

“I told them the ticket machines were not working due to the storm. How am I supposed to pay for something if the payment option does not work?

“Another ticket which I got was because I had paid at the wrong machine. I paid at the machine next to the library, which I know now is for the council. That, again, was because the machines were not working correctly.

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“I didn't understand the signs properly, so I paid for a ticket and placed it in my car, but it turns out that I paid the council, rather than the company, so I got a ticket for that.

“They didn't care that I paid at the wrong machine. I told them I had bought a ticket, and that the signs should be more understanding, but they took no responsibility in that, either.

“The third time (£60 fine if paid within 14 days, £100 fine if not), I had a ticket. Paid and displayed.

“I had my then-six-year-old with me. I got back to the car in time, had to strap him in, place my bags in the boot, and reverse out while other drivers and pedestrians were wandering.

“By the time the camera had seen my car exit, it was nine minutes after the ticket had expired.

“I emailed and explained all of these situations, but they refused any acknowledgement and told me to pay.

“They didn't care I had to make sure my child was secure and with it being Christmas, so many people were in and out of the car park, so it took longer than usual to exit.

“I assumed I would get a letter saying that I owed the parking ticket, but I didn’t think I would get a fine for not paying, when it was impossible to do so at that time.

“All three tickets went to debt collectors.”

Mrs Caffrey (Used Morfa Hall car park on December 30, 2022, fined a reduced £20)

“The machine wasn't fully compliant at the time, and didn't let me finish putting in my car registration.

“I deliberately kept this ticket, and received a fine about a month later, so I sent them proof (of not being able to put in my full car registration).

“They agreed it matched, but still want to fine me a reduced fine of £20.

“I don't intend on paying it, as they stated that I had paid, but due to fault, or speed of machine process, I didn't get to put my number full plate in.

“I think they are greedy bullies taking money from vulnerable people. It (car park) is attached to the library - why does the council not control these premises?

Anonymous resident 2 (Fined £120 roughly 12 months ago)

“I parked in the car park twice within the same week, and thought I had paid using an app.

“I then got two letters, a few days apart from each other, to say that I had parked at the car park and didn’t pay.

“I still had the payment information on the app that I paid on, so I emailed them with screenshots of my receipts for my parking time, and they emailed back to say that what I had paid for wasn’t for the correct car park.

“When I looked into it, I had paid for the separate, disabled library car park without realising.

“I was too scared to not pay it, so I ended up £120 out of pocket, which no-one can afford to be at the best of times.

“It’s absolutely ridiculous to have effectively the same car park with two different payment methods and apps.

“Signage is there, because I have been back to look, but it is very unclear and misleading. It should be entirely clear when you pull up in that car park.

“It’s a complete money-making process that’s taking advantage of people.

Maria Guarino (fined roughly 18 months to two years ago)

“I would not pay it (the fine), but my daughter was worried, so paid it for me.

“I had already appealed it, and because my daughter had paid, they said that was admission to guilt, although on the fine letter, they had threatened to keep adding to the cost – which is why she paid.

“We never spoke to an actual person; just emails and threat letters.

“I vowed never to use this place again, as have so many others. Thousands of illegal pounds have been made from this company.”

Natasha Harper (Fined £60 in January)

 “I received a parking ticket for pulling into Morfa Hall car park to take a call.

“It was an emergency call from the hospital and obviously, knowing the laws with driving and phoning, and not being able to leave the call as I had been waiting all day for it, I pulled off the road and into Morfa Hall car park.

“I was there for 12 minutes and didn’t leave my car. The car park was empty.

“I did appeal, but they upheld the charge.

“I have paid the fine as I have been stung by Smart Parking before, but I’m really not happy.”

Responses

Gamlins Law confirmed that, while the firm owns the land, the management of the car park is contracted out to Smart Parking.

A Denbighshire County Council spokesperson added: “Denbighshire County Council owns the land in which the disabled bays sit on and the access road leading up to the boundary wall only, and has no legal interest in the land in which Smart Parking operate on.”

James Davies, MP for Vale of Clwyd, said he would be happy for constituents who can empathise with the aforementioned residents to contact him about their predicaments.

Dr Davies said: “I have received a range of different concerns about parking fines relating to the Morfa Hall car park and have spent some time trying to assist with these, as well as determining what further general action might be taken.

“Complaints have ranged from broken parking machines and incorrect time stamping on tickets to user error and unclear signage.

“Unfortunately, I have found Smart Parking to be poorly responsive, but liaison with the company and the county council did lead to improved signage being installed, and I understand the machines accept cash and cards and are currently functioning correctly.

“I am happy to hear from and to try to assist any constituents affected by unfair parking fines at this car park. If possible, this should be done before any fine payment is made.”

Attempts were made to contact Smart Parking for comment.