Help with PCN from Smart Parking |
Helping the motorist get justice 
Helping the motorist get justice
Help with PCN from Smart Parking |
 Sun, 22 Jul 2018 - 08:32
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#1
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Member Group: Members Posts: 36 Joined: 28 Sep 2007 Member No.: 14,104  |
Looking for some advice about a PCN I received from Smart Parking recently.
The car park is a private affair off the high street of my local village. The majority of the car park is managed by them, but there is other parking, not owned by the same landlord in the same location (an estate agents has a number of spaces accessed via the car park entrance but not owned/managed by the car park) and that is where I normally park. On this occasion, it was not me driving the car and the PCN I have is a simple vehicle entering site / vehicle exiting site photos from ANPR camera. My question is, would I be better issuing an appeal based on the fact that I didn’t park in a location managed by them or is there another proven way to go with this? I can post up a copy of the PCN if that helps? [attachment=56815:parking.jpeg] This post has been edited by cashmax: Sun, 22 Jul 2018 - 12:43 |
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Sun, 22 Jul 2018 - 08:32
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Sun, 22 Jul 2018 - 09:07
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#2
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Post up the NTK and see if Smart got it right, they often don't.
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Sun, 22 Jul 2018 - 12:43
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#3
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Member Group: Members Posts: 36 Joined: 28 Sep 2007 Member No.: 14,104 |
Added the NTK above.
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Sun, 22 Jul 2018 - 12:47
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#4
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 Member Group: Members Posts: 41,585 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
They never get it right - for some bizarre reason none of their charges could be enforced (at least without showing the keeper was driving). If only everyone knew to tell them that they are not relying on the protection of Freedoms Act and they cannot pursue the keeper.
Simply tell them this and they crawl back into their hole. -------------------- 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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Sun, 22 Jul 2018 - 13:25
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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 one:
Sirs Ref PCN xxxxx VRM yyyyyy I am the registered keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to give the warning to the keeper, contrary to section 9 (2) (f) of the Act. You cannot therefore transfer liability from the driver at the time to me. I was not the driver at the time of the alleged breach. There is no legal requirement to identify the driver at the time and I will not be doing so. Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct. Yours etc. See how that gets on. There are lots more that they have missed. This post has been edited by ostell: Sun, 22 Jul 2018 - 13:27 |
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Sun, 22 Jul 2018 - 16:40
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#6
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Member Group: Members Posts: 36 Joined: 28 Sep 2007 Member No.: 14,104 |
Thanks guys, I will respond with that. Should I simply do it online under their own contesting link?
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Sun, 22 Jul 2018 - 17:55
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#7
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
That's the easiest way
Take a screenshot before sending I can't remember if Smart has an "Appeal received" page |
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Wed, 22 Aug 2018 - 10:53
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#8
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Member Group: Members Posts: 36 Joined: 28 Sep 2007 Member No.: 14,104 |
Just an update to say thanks guys.
Got a letter from Smart Parking today, letting me know they have decided to cancel my ticket. |
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Lo-Fi Version | Time is now: Tuesday, 16th April 2024 - 23:55 |
