Parking Fine but no ticket issued when paying. Help please Options

[Fine Mess]

On 6th April the driver visited a retail park which used smart parking meters. The driver only had £1 in the car (the parking was, if remembered correctly, 80p/hour). The driver went to the machine, typed in the registration, put in £1 and pressed the button for a ticket but it threw out the £1. The driver repeated this 3, possibly 4 times and on the final time, it took the money but didn't print a ticket. Assuming that it had either run out of paper or didn't give tickets, the driver went shopping and was back in the car in less than an hour.

A few weeks later a charge notice for £60 was received from Smart Parking. I read online that the first step in appealing is to request the store owners step in. This was Nike so after tracing down a customer services email I contacted them. They messaged back and said I'd need to contact the local store. We then went on holiday and forgot all about it :-o .

This morning DRP (debt recovery) has sent a letter to the driver stating an outstanding debt of £160.

Is the driver able to appeal this do you think? And if so, how?


This post has been edited by Fine Mess: Sat, 26 May 2018 - 11:05

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[ostell]

Edit your post so that the identity of the driver cannot be inferred. Use "the driver......" etc

Yes, still go back to the store and complain to the manager, not the customer disservice people.

And you just ignore DRP as toothless debt collectors.

Post up the PCN you got from Smart, suitably redacted to remove identifying details but leave the dates.

[Fine Mess]

Thanks for your reply. I have now edited the post.

Here is a photo showing the letter received.

[ostell]

No Picture. Post the picture on an external site and provide the link here. Read the READ THIS FIRST sticky at the head of the forum

[Fine Mess]

I did. I followed the instructions and used tinypic. I can see the picture.
Here is the link

photo

This post has been edited by Fine Mess: Sat, 26 May 2018 - 15:24

Attached thumbnail(s)

 

[ford poplar]

Still no pic - try again!

[ostell]

You don't seem to have picked up the full link. you have i67.tinypic.com/5d1j7m.jpg have you set it to secure perhaps?

Looks like TinyPic server is down. It would also seem that it is owned by Photobucket who could be killing ti off to get people to use their intrusive advert infested site.

This post has been edited by ostell: Sat, 26 May 2018 - 16:35

[Fine Mess]

Sorry. I can't see what I'm doing wrong. I can see the picture. I've checked the link and it contains the "http" at the start.

I'll try adding it as an attachment to this post.

[ostell]

Looks like it was tinypics causing the problems!

Looks like Smart have done it again:- they have failed tyo comply with the requirement of POFA and therefore cannot hold the keeper liable. Here's a link to POFA ,especialy paragraph 9 (2) which defiens all the wording that must be present. A simple BOGOFF is called for

Sirs

I am the keeper of car xxxx and have received your NTK 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 include the required wording of section 9 (2) (f). I can therefore not be held liable for the actions of the driver at the time. There is no legal requirement for me to identify the driver and I will not be doing so. I do not expect to hear from you again other than to confirm that no further action will be taken against me in this matter and my personal details have been removed from your files.

Love and XXXX

See what sort of response you get back. I hope I'm correct, I had trouble reading the PCN

[SchoolRunMum]

Yes but he/she has missed the deadline to appeal and is getting DRP letters now, to ignore. I would just ignore this now.

A silly mistake, because Smart are SO DAMN EASY to beat at POPLA 100% of the time.

Instead, complain to the Retail Park and/or the Retail Store Manager(s) to push for a Manger to cancel it. Again, very easy to do.

[ostell]

No, still respond to SMART as well as the stores. SMART may have time limits for appealing but this is a limit of their own invention. They cannot really argue with the fact that they have failed to comply with the requirements of POFA to be able to hold the keeper liable no matter what bluff and bluster comes back.

[Macapaca]

Ask Smart for a copy of their machine logs. Reiterate that the driver paid and that the driver or RK will not be paying any more to them. It is a deficiency on their part that the machine failed to issue a ticket.

[ostell]

No need to get into an argument about whether payment was made or not they have simply not complied with POFA and therefore without knowing the driver they can go no further.

[Macapaca]

No need to get into an argument about whether payment was made or not they have simply not complied with POFA and therefore without knowing the driver they can go no further.

It is a statement of fact not an argument. There is no harm reiterating facts whilst arguing about whether they are compliant with POFA.