PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Smart Parking - Incorrectly Issued PCN as didn't park on their car park
Antpin
post Sat, 10 Nov 2018 - 20:52
Post #1


New Member


Group: Members
Posts: 9
Joined: 24 Jun 2013
Member No.: 63,054



Hi, I'm after some help please. My partner received a PCN from Smart Parking stating that she had parked on their car park for a period of time and as such had to pay £60 or appeal as she didn't pay any parking fee. They attached evidence of her vehicle 'entering' and 'leaving' their car park. We appealed the PCN based on the fact that the vehicle was parked on a private car park where my partner has a parking permit. We parked our vehicle in the parking space adjacent to the entrance to their car park . The photo evidence they have provided shows that the photo is taken whilst not on their land. I can back this up with photos of my own that show the different road surfaces leading to their car park are different to those within their car park. I personally am fuming but my partner wants to just pay the fine as she cannot be bothered with the stress and hassle of fighting it. Can anyone give any advice. Has anyone encountered this where an invoice has been issued without any actual evidence of actually entering let alone parking in the car park. If anyone can help it would be appreciated. Thanks
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 10)
Advertisement
post Sat, 10 Nov 2018 - 20:52
Post #


Advertise here!









Go to the top of the page
 
Quote Post
SchoolRunMum
post Sat, 10 Nov 2018 - 21:10
Post #2


Member


Group: Members
Posts: 18,728
Joined: 20 Sep 2009
Member No.: 32,130



QUOTE
I personally am fuming but my partner wants to just pay the fine as she cannot be bothered with the stress and hassle of fighting it.


She should have sent the template appeal from MSE, or ostell's usual template about the POFA/no keeper liability, and Smart would have cancelled first try.

I WISH PEOPLE WOULD COME HERE OR TO MSE BEFORE APPEALING!

Anyway this can still be easily won at POPLA simply by appealing as registered keeper (the person named on the PCN) and stating that the PCN was not capable of holding the registered keeper liable...as long as the driver was not given away, in the first appeal. I hope you said in appeal:

QUOTE
We parked our vehicle in the parking space adjacent to the entrance to their car park


and not

QUOTE
I parked our vehicle in the parking space adjacent to the entrance to their car park
Go to the top of the page
 
+Quote Post
The Slithy Tove
post Sat, 10 Nov 2018 - 21:14
Post #3


Member


Group: Members
Posts: 2,437
Joined: 5 Jan 2012
Member No.: 52,178



QUOTE (Antpin @ Sat, 10 Nov 2018 - 20:52) *
my partner wants to just pay the fine as she cannot be bothered with the stress and hassle of fighting it.

Does she always pay someone who demands money with absolutely ZERO right to do so, based on flimsy/fabricated evidence? Good grief!
Go to the top of the page
 
+Quote Post
ostell
post Sat, 10 Nov 2018 - 21:15
Post #4


Member


Group: Members
Posts: 11,816
Joined: 8 Mar 2013
Member No.: 60,457



No "The vehicle was ......"
Go to the top of the page
 
+Quote Post
Antpin
post Mon, 12 Nov 2018 - 06:57
Post #5


New Member


Group: Members
Posts: 9
Joined: 24 Jun 2013
Member No.: 63,054



Thanks School Run Mum, the words used referred to the vehicle and not I.
I know it's about getting the PCN cancelled, but what frustrates me is the fact that the vehicle was never on their land.

Thanks for your help too The Slithy Tove
Go to the top of the page
 
+Quote Post
nosferatu1001
post Mon, 12 Nov 2018 - 08:41
Post #6


Member


Group: Members
Posts: 21,799
Joined: 27 Nov 2007
Member No.: 15,642



If it never entered the area they are contracted, there was never any right to request your personal data, and you have a claim against them for breach of the DPA2018

This would be £250 upwards
Go to the top of the page
 
+Quote Post
Antpin
post Mon, 12 Nov 2018 - 10:00
Post #7


New Member


Group: Members
Posts: 9
Joined: 24 Jun 2013
Member No.: 63,054



QUOTE (nosferatu1001 @ Mon, 12 Nov 2018 - 08:41) *
If it never entered the area they are contracted, there was never any right to request your personal data, and you have a claim against them for breach of the DPA2018

This would be £250 upwards


Thanks, how do I 'fight'/claim this. Do we let it go to court?
Go to the top of the page
 
+Quote Post
nosferatu1001
post Mon, 12 Nov 2018 - 10:19
Post #8


Member


Group: Members
Posts: 21,799
Joined: 27 Nov 2007
Member No.: 15,642



1) Smart dont do court as a general rule, so you will be waiting a long time for it to "go" to court (it doesnt just "go" there, it requires them to file a claim!)
2) Youve been told how to appeal so thats howyou fight this PCN
3) The entirely separate matter of ytheir breach of the DPA is up to you in temrs of what you do. the only way to claim from them, is, surprisingly enough, to lodge a claim in the County Court, same as for any civil dispute. It would be a real shock for them to simply pay up once you send a Letter Before Action.

None of this is free of effort, and obviously if you are contemplating filing a claim against them you cant just sit on this thread hoping all the info will make its way here, you have to get out int othe parkjng forum, do sensible searces etc.
Go to the top of the page
 
+Quote Post
SchoolRunMum
post Mon, 12 Nov 2018 - 21:16
Post #9


Member


Group: Members
Posts: 18,728
Joined: 20 Sep 2009
Member No.: 32,130



QUOTE (Antpin @ Mon, 12 Nov 2018 - 11:00) *
how do I 'fight'/claim this. Do we let it go to court?

Already told you:

QUOTE
Anyway this can still be easily won at POPLA simply by appealing as registered keeper (the person named on the PCN) and stating that the PCN was not capable of holding the registered keeper liable...as long as the driver was not given away, in the first appeal.


Search the forum, and MSE parking forum, or simply Google:

Smart POPLA no keeper liability
Go to the top of the page
 
+Quote Post
Antpin
post Mon, 12 Nov 2018 - 21:58
Post #10


New Member


Group: Members
Posts: 9
Joined: 24 Jun 2013
Member No.: 63,054



Thanks all for your help.
I'll start googling and appealing.
Go to the top of the page
 
+Quote Post
Antpin
post Tue, 27 Nov 2018 - 13:16
Post #11


New Member


Group: Members
Posts: 9
Joined: 24 Jun 2013
Member No.: 63,054



Thanks all for your help. Just recieved an email today from popla saying Smart Parking don't want to contest my appeal.
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 21st November 2019 - 03:14
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.