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Smart Parking Ltd PCN - Should I Pay?
penexpers
post Fri, 16 Nov 2018 - 17:08
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Hi all, hoping you can help me with this PCN.

The driver parked at a small retail park which requires you to buy a ticket, which is then refunded when you purchase something in any of the shops within the retail park.

The driver was in a rush and knew exactly what the driver was going to buy as they phoned ahead, so skipped buying a ticket, bought the items, and was out again.

A PCN from Smart Parking Ltd with CCTV timestamped images of the car entering and leaving the car park having not bought a ticket has arrived in the post.

The driver still has the receipt from the shop, showing them purchasing something within the window of this PCN. Will this be enough to overturn the PCN?

Here is the PCN: https://imgur.com/a/vJECC7U

This post has been edited by penexpers: Fri, 16 Nov 2018 - 17:32
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post Fri, 16 Nov 2018 - 17:08
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ostell
post Fri, 16 Nov 2018 - 17:27
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So edit your post so that the identity of the driver cannot be inferred. Use "the driver......." etc Do it now.

Then send this to Smart

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 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 you 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



They may not cancel but you will get a POPLA code and when you appeal to POPLA they will tell Smart to cancel.

This post has been edited by ostell: Fri, 16 Nov 2018 - 17:30
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Jlc
post Fri, 16 Nov 2018 - 17:30
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First of all it’s smart. So laugh.

Then laugh some more and tell them that they’ve issued a non-PoFA compliant PCN and cannot hold you liable.

Don’t think they’ll uphold any reasonable appeal. They won’t.

You have an easy win if you play it right. Look at recent smart threads for some typical wording.

Then await their cancellations. And don’t forget to laugh. Oh, and get a ticket next time to save the hassle.


--------------------
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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penexpers
post Fri, 16 Nov 2018 - 17:33
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Of course, thank you folks.

So you're saying by virtue of them not including that one line the PCN is null and void?
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Jlc
post Fri, 16 Nov 2018 - 17:35
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EDIT: ostell has supplied the wording - so easy peasy.

QUOTE (penexpers @ Fri, 16 Nov 2018 - 17:33) *
So you're saying by virtue of them not including that one line the PCN is null and void?

Not null and void - but they can only pursue the driver but have written to the keeper. How will they know who was driving?


--------------------
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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penexpers
post Fri, 16 Nov 2018 - 17:39
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QUOTE (Jlc @ Fri, 16 Nov 2018 - 17:35) *
EDIT: ostell has supplied the wording - so easy peasy.

QUOTE (penexpers @ Fri, 16 Nov 2018 - 17:33) *
So you're saying by virtue of them not including that one line the PCN is null and void?

Not null and void - but they can only pursue the driver but have written to the keeper. How will they know who was driving?


I see, so then the natural response if they ask "who was driving?" is "I don't know"?
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ostell
post Fri, 16 Nov 2018 - 17:44
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The response is ignore.
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penexpers
post Fri, 16 Nov 2018 - 17:48
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Wow. What a racket, haha!

You folks are doing great work by the way.

Do you have an official charity I can donate some of this fine to? I've already written it off as an unforeseen expense this month now haha
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SchoolRunMum
post Mon, 19 Nov 2018 - 19:19
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You can donate to support the forum here, when you win:

http://www.pepipoo.com/Site_info.htm

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markey164
post Tue, 4 Dec 2018 - 17:48
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Just to add my recent experience, I used the template on MSE to appeal a similar case for SMART Parking, and after 3 weeks I finally received a reply that "having noted the points raised, they would be cancelling the Parking Charge Notice".

So I didn't even get to POPLA stage!!
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