Smart Parking Holiday Inn Options

[DJ1]

Sorry if this info is already on here. I’ve tried reading the stickies but I have Adhd and struggled to get through them and find the info I’m looking for. The driver parked in the holiday inn express royal docks whilst visiting a friend. The driver paid for 3 hours which He remember was really expensive. I think The driver was about 15-30minutes late back to the cab. A parking company asked the rental company who was hiring (I don’t know when) and I’ve had a PCN from Smart Parking. It’s passed the 14 days as I work away from home and only pick up my mail every month. What do I do? Shall I ignore it or challenge it? If I do challenge it on what grounds shall I do so? Thanks.

This post has been edited by DJ1: Fri, 21 Sep 2018 - 11:56

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[kommando]

NA

This post has been edited by kommando: Fri, 21 Sep 2018 - 09:01

[DJ1]

Ok?

[ostell]

With rental car it is usually easy and combined with SMART should be easier.

You should now have a Notice to hirer/keeper in your own name as the hirer. Did the letter also contain additional items like a copy of the Notice to the hire company and copies of portions of the rental agreement? If they did not, and most don't, then the following to be sent:

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the hirer/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 supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to me, the hirer keeper..

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.

Send this so that it arrives on about day 19 after the date on their letter. This is so they don't have time to issue a corrected notice with attachments. Here's POFA for you to look at. For a hire car it's paragraph 14 that is relevant in the main.

You may also have the problem that the hire company will be charging you for the privilege of giving out your details. If they do thencheck the T & Cs. It will probably mention charge for penalties and fines. This Notice is a mere invoice and therefore not in their terms. You can fight this when you win.

If the additional documents were provided then post up the notice received, bith yours and the hire companies suitably redacted, but leave the dates.

This post has been edited by ostell: Fri, 21 Sep 2018 - 08:58

[kommando]

Ok, but the rental company cannot know who the driver was, only who hired the vehicle so change that.

Ostell has it covered on next steps

[DJ1]

Thanks very much. I have sent it online. It’s been over a month since the letter so the 19 day thing shouldn’t be a problem.

Another thing, earlier in the year I accepted 3 points for a speeding ticket. At the time I didn’t think I had much defence and with the ADHD I didn’t want to deal with it at the time. But in hindsight I realise that I did actually have a defence. There are no road signs around the area depicting the speed limit. And that was a genuine reason why I was speeding. I didn’t know what the speed limit was in that area. I think I know what you’re going to say, and that’s once I’ve accepted the points there’s nothing I can do about it. Am I right?

[nosferatu1001]

Yes, of course thats the end of it. Youve accepted guilt

BTW if it was a restricted road by virtue of the street lights, then THOSE are the signs. So for example if it was for 35 in a 30, then the 30 limit would have almost certainly been signposted as a 30 limit by a system of street lights no more than 200 yards apart from each other.