PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

recieved pcn from smart parking, wife replied
RedBlueGreen
post Tue, 21 May 2019 - 04:34
Post #1


New Member


Group: Members
Posts: 8
Joined: 21 May 2019
Member No.: 103,964



Hi,

Got a PCN for overstaying at a smart parking operated car park (had extended but not enough, so about 40 minute overstay. These are the letters received. My wife replied to the first one, that was rejected




Is there anything wrong here, or should we pay it?

Thanks

This post has been edited by RedBlueGreen: Tue, 21 May 2019 - 04:39
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 17)
Advertisement
post Tue, 21 May 2019 - 04:34
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Jlc
post Tue, 21 May 2019 - 06:56
Post #2


Member


Group: Members
Posts: 41,505
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



Dead easy to beat just as long as the driver wasn’t revealed?


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
ostell
post Tue, 21 May 2019 - 08:05
Post #3


Member


Group: Members
Posts: 17,088
Joined: 8 Mar 2013
Member No.: 60,457



I can't actually read the PCN, more detail required, but if it the usual Smart then will not be POFA compliant.
Go to the top of the page
 
+Quote Post
RedBlueGreen
post Tue, 21 May 2019 - 08:29
Post #4


New Member


Group: Members
Posts: 8
Joined: 21 May 2019
Member No.: 103,964



QUOTE (Jlc @ Tue, 21 May 2019 - 07:56) *
Dead easy to beat just as long as the driver wasn’t revealed?

I asked her whether she had stated who the driver was and she claimed she hadn't. I don't see why she would have but hard to absolutely confirm as she replied through their online form.

I've been trying to work out whether it would be pofa compliant but have found it hard to understand exactly.

QUOTE (ostell @ Tue, 21 May 2019 - 09:05) *
I can't actually read the PCN, more detail required, but if it the usual Smart then will not be POFA compliant.

Sorry, not sure why you are unable to view (or is the picture quality too bad?)
Can you see here?

https://imageshack.com/i/plPvzdnvj
https://imageshack.com/i/plvRepc2j

Thanks.
Go to the top of the page
 
+Quote Post
ostell
post Tue, 21 May 2019 - 09:04
Post #5


Member


Group: Members
Posts: 17,088
Joined: 8 Mar 2013
Member No.: 60,457



Try this:

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 notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You have also failed to give the invitation to keeper as required by 9 (2) (e) of the same Act.

You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

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


Shame someone's appealed already but now you know the status of their PCN.

Try sending in another appeal, this time by first class and a free certificate of posting at a post office.

Give them the chance to withdraw or you send the same failures to POLA and you should succeed. There are more fails so check POFA against the PCN, especially 9 (2).

This post has been edited by ostell: Tue, 21 May 2019 - 09:08
Go to the top of the page
 
+Quote Post
RedBlueGreen
post Tue, 21 May 2019 - 09:27
Post #6


New Member


Group: Members
Posts: 8
Joined: 21 May 2019
Member No.: 103,964



QUOTE (ostell @ Tue, 21 May 2019 - 10:04) *
Try this:

Thanks!

So why do they send out none-compliant notices?
I suppose the original appeal doesn't change the 'legal status' of them not complying in any way?
Will print out and get this done at the post office tomorrow.
Go to the top of the page
 
+Quote Post
ostell
post Tue, 21 May 2019 - 09:32
Post #7


Member


Group: Members
Posts: 17,088
Joined: 8 Mar 2013
Member No.: 60,457



They will probably reject as they have already rejected but start preparing your POLA appeal as you only have a limited time to send it in. The legal staus , of course, remains the same as long as the driver has not been identified,
Go to the top of the page
 
+Quote Post
Sheffield Dave
post Tue, 21 May 2019 - 10:41
Post #8


Member


Group: Members
Posts: 2,053
Joined: 20 May 2013
Member No.: 62,052



Does your wife still have the text of her appeal? It's very easy to inadvertently reveal the identity of the driver. A simple "I didn't see the signs" is enough.
Go to the top of the page
 
+Quote Post
RedBlueGreen
post Tue, 21 May 2019 - 11:23
Post #9


New Member


Group: Members
Posts: 8
Joined: 21 May 2019
Member No.: 103,964



QUOTE (Sheffield Dave @ Tue, 21 May 2019 - 11:41) *
Does your wife still have the text of her appeal? It's very easy to inadvertently reveal the identity of the driver. A simple "I didn't see the signs" is enough.

Unfortunately not, but I think it unlikely she would have referred to anything more than paying for parking, but not for long enough
Go to the top of the page
 
+Quote Post
Sheffield Dave
post Tue, 21 May 2019 - 11:59
Post #10


Member


Group: Members
Posts: 2,053
Joined: 20 May 2013
Member No.: 62,052



QUOTE (RedBlueGreen @ Tue, 21 May 2019 - 11:23) *
I think it unlikely she would have referred to anything more than paying for parking, but not for long enough


Even a "I paid for parking" (or "my husband paid for parking" etc) in the appeal associates the writer of the appeal with the driver of the car
Go to the top of the page
 
+Quote Post
RedBlueGreen
post Tue, 21 May 2019 - 13:56
Post #11


New Member


Group: Members
Posts: 8
Joined: 21 May 2019
Member No.: 103,964



QUOTE (Sheffield Dave @ Tue, 21 May 2019 - 12:59) *
QUOTE (RedBlueGreen @ Tue, 21 May 2019 - 11:23) *
I think it unlikely she would have referred to anything more than paying for parking, but not for long enough


Even a "I paid for parking" (or "my husband paid for parking" etc) in the appeal associates the writer of the appeal with the driver of the car


Ah, that might but be good. I suspect she'll have said she paid for parking, even though I'm fairly sure she wasn't driving. She paid through an online app I believe.
Does this cause major issues?
Go to the top of the page
 
+Quote Post
Sheffield Dave
post Tue, 21 May 2019 - 14:11
Post #12


Member


Group: Members
Posts: 2,053
Joined: 20 May 2013
Member No.: 62,052



Well if she can truthfully tell the court that she paid but wasn't driving, then that's good.
Go to the top of the page
 
+Quote Post
RedBlueGreen
post Mon, 3 Jun 2019 - 21:18
Post #13


New Member


Group: Members
Posts: 8
Joined: 21 May 2019
Member No.: 103,964



Hi,

So I sent my letter on the 22nd. Still not received a reply. I apparently have 28 days from the date of their letter, which would then be this Wednesday to appeal to POLA.
Should I do this now, just referring to the fact that smart parkings letter was not POFA compliant?

Thanks.
Go to the top of the page
 
+Quote Post
ostell
post Tue, 4 Jun 2019 - 07:10
Post #14


Member


Group: Members
Posts: 17,088
Joined: 8 Mar 2013
Member No.: 60,457



YES appeal to POPLA using the same failure to comply with POFA. Question their right to issue charges and ask for a copy of the contract to confirm that right
Go to the top of the page
 
+Quote Post
RedBlueGreen
post Wed, 12 Jun 2019 - 08:40
Post #15


New Member


Group: Members
Posts: 8
Joined: 21 May 2019
Member No.: 103,964



Thanks all - sorted biggrin.gif
Go to the top of the page
 
+Quote Post
ostell
post Wed, 12 Jun 2019 - 08:55
Post #16


Member


Group: Members
Posts: 17,088
Joined: 8 Mar 2013
Member No.: 60,457



What is sorted? Don'keep us in suspenders!
Go to the top of the page
 
+Quote Post
RedBlueGreen
post Thu, 13 Jun 2019 - 09:11
Post #17


New Member


Group: Members
Posts: 8
Joined: 21 May 2019
Member No.: 103,964



QUOTE (ostell @ Wed, 12 Jun 2019 - 09:55) *
What is sorted? Don'keep us in suspenders!

Smart parking didn't want to contest the popla appeal so the charge has been cancelled.
Go to the top of the page
 
+Quote Post
ostell
post Thu, 13 Jun 2019 - 09:27
Post #18


Member


Group: Members
Posts: 17,088
Joined: 8 Mar 2013
Member No.: 60,457



Good result then.
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 14:49
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here