recieved pcn from smart parking, wife replied |
recieved pcn from smart parking, wife replied |
Tue, 21 May 2019 - 04:34
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#1
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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 |
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Tue, 21 May 2019 - 04:34
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Tue, 21 May 2019 - 06:56
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#2
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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. |
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Tue, 21 May 2019 - 08:05
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#3
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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.
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Tue, 21 May 2019 - 08:29
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#4
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New Member Group: Members Posts: 8 Joined: 21 May 2019 Member No.: 103,964 |
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. 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. |
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Tue, 21 May 2019 - 09:04
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#5
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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 |
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Tue, 21 May 2019 - 09:27
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#6
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New Member Group: Members Posts: 8 Joined: 21 May 2019 Member No.: 103,964 |
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Tue, 21 May 2019 - 09:32
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#7
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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,
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Tue, 21 May 2019 - 10:41
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#8
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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.
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Tue, 21 May 2019 - 11:23
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#9
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New Member Group: Members Posts: 8 Joined: 21 May 2019 Member No.: 103,964 |
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 |
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Tue, 21 May 2019 - 11:59
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#10
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Member Group: Members Posts: 2,053 Joined: 20 May 2013 Member No.: 62,052 |
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 |
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Tue, 21 May 2019 - 13:56
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#11
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New Member Group: Members Posts: 8 Joined: 21 May 2019 Member No.: 103,964 |
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? |
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Tue, 21 May 2019 - 14:11
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#12
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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.
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Mon, 3 Jun 2019 - 21:18
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#13
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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. |
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Tue, 4 Jun 2019 - 07:10
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#14
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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
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Wed, 12 Jun 2019 - 08:40
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#15
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New Member Group: Members Posts: 8 Joined: 21 May 2019 Member No.: 103,964 |
Thanks all - sorted
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Wed, 12 Jun 2019 - 08:55
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#16
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
What is sorted? Don'keep us in suspenders!
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Thu, 13 Jun 2019 - 09:11
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#17
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New Member Group: Members Posts: 8 Joined: 21 May 2019 Member No.: 103,964 |
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Thu, 13 Jun 2019 - 09:27
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#18
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Good result then.
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