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Smart parking
Artesia
post Thu, 16 Aug 2018 - 21:42
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Need some advice please

I received a parking charge notice by a company called smart parking on 22/07/2018 for parking in a car park, on the letter they said it was at night at 2 am. I have 5 people on my insurance driving the car and I have no idea who was driving it, is there anyway out of this
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post Thu, 16 Aug 2018 - 21:42
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Dave65
post Thu, 16 Aug 2018 - 21:47
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More details needed?
Date of event, date of PCN received
Copy of the PCN with all personal details redacted would help.

This post has been edited by Dave65: Thu, 16 Aug 2018 - 21:48
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Jlc
post Thu, 16 Aug 2018 - 21:54
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Not needed.

Piece of cake to beat. They call themselves smart but are anything but...

They choose not to use the protection of freedoms act to hold the keeper liable. So they can only pursue the driver and you’re not going to tell them.

You have to simply appeal that they have not complied so there’s no liability. Remind them to provide a POPLA code if they disagree.


--------------------
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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Artesia
post Thu, 16 Aug 2018 - 22:01
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QUOTE (Dave65 @ Thu, 16 Aug 2018 - 21:47) *
More details needed?
Date of event, date of PCN received
Copy of the PCN with all personal details redacted would help.



Date of event 22-07-2018
PCn received 31/07/2018



QUOTE (Jlc @ Thu, 16 Aug 2018 - 21:54) *
Not needed.

Piece of cake to beat. They call themselves smart but are anything but...

They choose not to use the protection of freedoms act to hold the keeper liable. So they can only pursue the driver and you’re not going to tell them.

You have to simply appeal that they have not complied so there’s no liability. Remind them to provide a POPLA code if they disagree.


Ty where can I find an example of what to write in my email to them on the appeal
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Eljayjay
post Thu, 16 Aug 2018 - 22:17
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Do not run away with the idea that all parking companies are so easy to beat, but thanks to regular poster ostell in another thread, here is a ready-made letter...

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.

This post has been edited by Eljayjay: Thu, 16 Aug 2018 - 22:19
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Artesia
post Fri, 17 Aug 2018 - 00:54
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QUOTE (Eljayjay @ Thu, 16 Aug 2018 - 22:17) *
Do not run away with the idea that all parking companies are so easy to beat, but thanks to regular poster ostell in another thread, here is a ready-made letter...

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.



Thank you for your help, I will email them tomorrow
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Jlc
post Fri, 17 Aug 2018 - 07:59
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QUOTE (Eljayjay @ Thu, 16 Aug 2018 - 23:17) *
Do not run away with the idea that all parking companies are so easy to beat

Good point. One should always look for signage and comply on private land as many companies will issue court claims - they are potential enforceable contrary to popular belief.


--------------------
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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Critical_Mass
post Fri, 17 Aug 2018 - 12:46
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QUOTE (Artesia @ Fri, 17 Aug 2018 - 01:54) *
QUOTE (Eljayjay @ Thu, 16 Aug 2018 - 22:17) *
Do not run away with the idea that all parking companies are so easy to beat, but thanks to regular poster ostell in another thread, here is a ready-made letter...

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.



Thank you for your help, I will email them tomorrow


I used this very template recently and have had a response back from them stating they are cancelling the ticket. Good luck
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Artesia
post Tue, 11 Dec 2018 - 10:30
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Hi , sorry for late reply but only just got the actual pictures with a popla code, is there anyway out of this ticket

Picture of back
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Ollyfrog
post Tue, 11 Dec 2018 - 10:53
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This isn't the same PCN is it?

Smart Parking 22/07/18 & Parking Eye 12/08/18
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bearclaw
post Tue, 11 Dec 2018 - 10:57
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Yes - you have a parking eye golden ticket it seems... But wasnt the original one from Smart Parking? Are we talking about two events? In which case this needs to be a new thread - ask a moderator to split this off.

Regarding the Parking Eye one.

It was issued on the 12th, so they have to have the Notice to Keeper back inside of 14 days. They posted it on the 25th, so it will be two days after that - remember it's august bank monday, that will therefore be the wed at least before it could arrive. About 16 days late. Notice that the rear has nothing about the Protection of FReedom Act...

So write back/appeakl online WITHOUT revelaing who the driver is, be careful when entering the details online as they try to trick you into saying you were driving.

Dear Parking Eye

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 issue the warning to the keeper within 14 days, contrary to section 9 (5) of the Act. You cannot therefore transfer liability from the driver at the time to me.

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, whose wasted costs will be yours to bear.

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Artesia
post Tue, 11 Dec 2018 - 11:16
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QUOTE (Ollyfrog @ Tue, 11 Dec 2018 - 10:53) *
This isn't the same PCN is it?

Smart Parking 22/07/18 & Parking Eye 12/08/18



Apologies I think I posted on the wrong one, let me try find the correct one
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