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PCN issued by Smart Parking, Advice please
Jam-bot
post Tue, 19 Nov 2019 - 17:00
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Hello all

I've registered because somene has been issued with a PCN from the other week when he/she/it was attending a event.

He/she/it tells me that parking was paid for and a flimsy receipt was issued. The PCN shows images of a car entering and leaving the car park which is fine, it was parked there. That is not to be disputed.

The issue is, how can we prove parking was paid if we can't find the receipt? And do we have to? I mean, the reg no should be on the system since he/she/it typed it in - presumably their system is designed to 'accidentally' go wrong occasionally.

First step is of course to appeal to the landowner which we'll do. The appeal letter might need to be quite specific so if anyone can give any advice, it will be gratefully received.

The company is 'Smart Parking'.

I've never paid one of these fines and I don't intend to start now - it's an abysmal system.

Thanks for reading!

Jim

This post has been edited by Jam-bot: Wed, 20 Nov 2019 - 17:24
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post Tue, 19 Nov 2019 - 17:00
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Jlc
post Tue, 19 Nov 2019 - 18:18
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First confirm the notice only states the driver is liable - no mention of keeper liability (or protection of freedoms act)?

If so, there’s magic words that see them crawl away.


--------------------
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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ostell
post Tue, 19 Nov 2019 - 22:27
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Edit so that the identity of the driver cannot be inferred. Use "the driver ......" etc.

Post up a redacted copy of the PCN, suitably redacted but leave dates
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Jam-bot
post Wed, 20 Nov 2019 - 16:25
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Hello again

Thanks for the helpful replies

I'm attaching a redacted copy of the PCN with all identifiable details removed.

Alright I'm going to find out how to attach an image. Bear with me please smile.gif

Jim


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The Rookie
post Wed, 20 Nov 2019 - 16:31
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EDIT the post, use 'the driver' only, no I, we, they, he or even the dog........


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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Jam-bot
post Wed, 20 Nov 2019 - 16:56
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Sorry for the enormous image. I'm hungry and will try to resize after stuffing my face. Oh wait - it's automatically resized. Hoorah!

I edited the original post too, hope that's what was meant.

Thanks again!

This post has been edited by Jam-bot: Wed, 20 Nov 2019 - 17:26
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Jlc
post Wed, 20 Nov 2019 - 20:47
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Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

You have also failed to give the warning to keeper required by 9 (2) (f) of the same act

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


First class post with free certificate of posting from any Post Office.


--------------------
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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Jam-bot
post Wed, 20 Nov 2019 - 21:59
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Thanks so much!

I'm tired, it's been a really long day. Please could you clarify what I'm supposed to replace the xxxs with?

It's probably obvious...

Thanks again in advance Jlc, you rock

Jim
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Jlc
post Wed, 20 Nov 2019 - 22:36
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Their reference and your registration plate.


--------------------
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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Jam-bot
post Fri, 22 Nov 2019 - 18:27
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Thanks again. The letter's in the post.

Have a great weekend!

Jim
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MrSlaphead
post Tue, 10 Dec 2019 - 19:24
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Sorry I’ve deleted comment and made a new topic

This post has been edited by MrSlaphead: Tue, 10 Dec 2019 - 21:38
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Jlc
post Tue, 10 Dec 2019 - 19:40
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QUOTE (MrSlaphead @ Tue, 10 Dec 2019 - 19:24) *
Sorry do you mind if I jump on this post please

Yes we do.


--------------------
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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