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SMART PARKING - Parking Charge Notice.
J4G3D
post Sat, 24 Jun 2017 - 11:29
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Received this recently for the alleged offence on 7/06/2017, this PCN only came through today 24/06/2017.

I am the owner but i wasn't actually driving on this day.

I am waiting for my partner to find the parking ticket she paid for to see if she over stayed her welcome or not.

Advice on a parking charge such as this?

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post Sat, 24 Jun 2017 - 11:29
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Jlc
post Sat, 24 Jun 2017 - 12:15
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QUOTE (J4G3D @ Sat, 24 Jun 2017 - 12:29) *
I am the owner but i wasn't actually driving on this day.

...as they don't rely upon the Protection of Freedoms Act for 'keeper liability' then they have no claim on you. Tell them that you were not driving and you are under no obligations to name the driver.


--------------------
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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ostell
post Sat, 24 Jun 2017 - 14:02
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Some of the PPCs seem to have moved the POFA stuff off the main body of the letter, perhaps to cause confusion.

OP, is there any mention of POFA on the letter, footnote, on the back?
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J4G3D
post Sat, 24 Jun 2017 - 17:44
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QUOTE (ostell @ Sat, 24 Jun 2017 - 15:02) *
Some of the PPCs seem to have moved the POFA stuff off the main body of the letter, perhaps to cause confusion.

OP, is there any mention of POFA on the letter, footnote, on the back?

No mention of POFA no.
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SchoolRunMum
post Sat, 24 Jun 2017 - 18:39
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QUOTE
I am waiting for my partner to find the parking ticket she paid for to see if she over stayed her welcome or not.


No need, send an appeal like the Highview ones and Smart will either fold immediately, or will issue a POPLA code then you will win, as keeper.

http://forums.moneysavingexpert.com/showthread.php?t=5612169

Easy one to win as long as the keeper appeals, not the driver.
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J4G3D
post Sun, 25 Jun 2017 - 00:50
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QUOTE (SchoolRunMum @ Sat, 24 Jun 2017 - 19:39) *
QUOTE
I am waiting for my partner to find the parking ticket she paid for to see if she over stayed her welcome or not.


No need, send an appeal like the Highview ones and Smart will either fold immediately, or will issue a POPLA code then you will win, as keeper.

http://forums.moneysavingexpert.com/showthread.php?t=5612169

Easy one to win as long as the keeper appeals, not the driver.


Thank you.

The link you've provided, would that chaps appeal wording reflect exactly that of mine? In other words, can i steal that wording in my appeal?.

Not sure what POFA is or schedule 4..etc.
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Jlc
post Sun, 25 Jun 2017 - 07:49
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POFA=Protections of Freedoms (sic) Act.

Schedule 4 is the part about keeper liability for private parking charges - but doesn't apply here as Smart don't bother. (And is their Achilles heel)


--------------------
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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ostell
post Sun, 25 Jun 2017 - 07:49
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QUOTE (J4G3D @ Sun, 25 Jun 2017 - 01:50) *
Not sure what POFA is or schedule 4..etc.


Here's a link to POFA Schedule 4. As there was not a windscreen notice then paragraph 9 is appropriate. To hold the keeper liable they have to conform to everything with everything. As they have no mentioned POFA at all then they can only chase the driver, who they do not know and you will not be telling them as there is no legal requirement to do so.

Use the appeal given in the link by SRM. Perhaps post here for critique first, with identifying details removed.

This post has been edited by ostell: Sun, 25 Jun 2017 - 07:50
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The Slithy Tove
post Sun, 25 Jun 2017 - 07:53
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May be a bit paranoid, but Smart could identify you from the posted image, as you have left the timestamps in (and not fully obscured the barcode).
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J4G3D
post Sun, 25 Jun 2017 - 10:23
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QUOTE (The Slithy Tove @ Sun, 25 Jun 2017 - 08:53) *
May be a bit paranoid, but Smart could identify you from the posted image, as you have left the timestamps in (and not fully obscured the barcode).


They've already identified me, hence receiving this PCN in the post. I was only blanking parts of it out to protect my identity on a public forum.

I am the registered keeper, but i don't drive the car. I have my own daily car.
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Jlc
post Sun, 25 Jun 2017 - 10:28
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QUOTE (J4G3D @ Sun, 25 Jun 2017 - 11:23) *
I am the registered keeper, but i don't drive the car.

...which is why you have a bulletproof way of getting rid of the charge.


--------------------
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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J4G3D
post Sun, 25 Jun 2017 - 22:37
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QUOTE (Jlc @ Sun, 25 Jun 2017 - 11:28) *
QUOTE (J4G3D @ Sun, 25 Jun 2017 - 11:23) *
I am the registered keeper, but i don't drive the car.

...which is why you have a bulletproof way of getting rid of the charge.


Thanks, i have submitted an appeal and i shall let you all know.
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J4G3D
post Tue, 4 Jul 2017 - 11:14
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9 days on, still no reply to the appeal.

Do SMART parking usually reply to appeals?.
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Jlc
post Tue, 4 Jul 2017 - 11:17
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Yes, they have 14 days to respond. If you don't hear in that timeframe chase them again as you wouldn't want to them to claim they didn't receive an appeal...


--------------------
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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J4G3D
post Thu, 20 Jul 2017 - 10:20
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QUOTE (Jlc @ Tue, 4 Jul 2017 - 12:17) *
Yes, they have 14 days to respond. If you don't hear in that timeframe chase them again as you wouldn't want to them to claim they didn't receive an appeal...


I emailed them as it had been what felt like a lifetime.. Here is there response...

We can confirm an appeal has been logged onto the system for you and it is in the process of being reviewed by our appeals team, once they have done so they will contact you via email or post. In the meantime the PCN has been frozen at the discounted amount until it has been reviewed and responded to by our appeals team. The appeals team have 35 days to review your appeal however we can confirm they are working on them at a much quicker time frame.
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ostell
post Thu, 20 Jul 2017 - 10:30
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I recollect that the BPA code stated that if no response is received within 35 days then any appeal is considered as accepted. But then they have a habit of changing things that are helpful to the motorist
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J4G3D
post Sat, 22 Jul 2017 - 10:43
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========================================================================
Dear Mr xxxxxxxx

Thank you for your recent communication received.

We have noted the points you raised and would like to confirm that we are cancelling the Parking Charge Notice.

=======================================================================


P.S
Thank you to all that helped.






This post has been edited by J4G3D: Sat, 22 Jul 2017 - 10:44
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Bobby Bland
post Sat, 19 Aug 2017 - 14:35
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Hello People
Sorry to tag onto an existing thread but I know someone who has received Smart Parking LTD pcn via anpr photos (15 mins over) .It was from Febuary they have received advice to ignore and did .However a letter from Zenith Collections july then a letter in early August from Gladstones ( although with the Debt recovery plus payment online details) with the 14 days limit etc.

I would like some advice to pass on is it too late to appeal to Smart Parking using the wording from MSE thread ?
Any help greatly appreciated
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mdann52
post Sat, 19 Aug 2017 - 18:50
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QUOTE (Bobby Bland @ Sat, 19 Aug 2017 - 15:35) *
Hello People
Sorry to tag onto an existing thread but I know someone who has received Smart Parking LTD pcn via anpr photos (15 mins over) .It was from Febuary they have received advice to ignore and did .However a letter from Zenith Collections july then a letter in early August from Gladstones ( although with the Debt recovery plus payment online details) with the 14 days limit etc.

I would like some advice to pass on is it too late to appeal to Smart Parking using the wording from MSE thread ?
Any help greatly appreciated

Probably, however if you want a concrete answer, I'd recommend starting a new thread of your own
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SchoolRunMum
post Sat, 19 Aug 2017 - 19:12
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QUOTE (Bobby Bland @ Sat, 19 Aug 2017 - 15:35) *
Hello People
Sorry to tag onto an existing thread but I know someone who has received Smart Parking LTD pcn via anpr photos (15 mins over) .It was from Febuary they have received advice to ignore and did .However a letter from Zenith Collections july then a letter in early August from Gladstones ( although with the Debt recovery plus payment online details) with the 14 days limit etc.

I would like some advice to pass on is it too late to appeal to Smart Parking using the wording from MSE thread ?
Any help greatly appreciated

I would send it anyway - but not to the debt collector.
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