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Smart Parking - Parking Charge Notice, £60 for 15 minutes wait time at Portsmouth Ferry Port
KnightofNii
post Wed, 14 Feb 2018 - 20:00
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A parking penalty notice for £60 from Smart Parking Ltd. They want to charge the driver for the time they were in the car park opposite the Portmouth ferry port on the afternoon of the 21st January. The period for which the driver was in the car park was 15:40:32 until 15:55:18. It should be obvious to Smart Parking given the location of the car park that the driver was either dropping off or picking up. Since their own rules made it impossible for the driver's passenger to use the car park for the weekend the passenger had little choice but to park nearby. This of course meant the driver had to wait for him whilst the passenger collected his vehicle so that they could unload his kit on their return from the IOW.

The driver intends to appeal this as £60 for 15 minutes is nothing short of usurious.


Many thanks

KofN

This post has been edited by KnightofNii: Wed, 14 Feb 2018 - 23:16
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post Wed, 14 Feb 2018 - 20:00
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Redivi
post Wed, 14 Feb 2018 - 20:37
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Never tell Smart who the driver was

Their paperwork is defective and doesn't meet the legal requirements to recover payment from the registered keeper instead
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KnightofNii
post Wed, 14 Feb 2018 - 21:31
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In what way is Smart's paperwork defective?



KofN

This post has been edited by KnightofNii: Wed, 14 Feb 2018 - 23:17
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Jlc
post Wed, 14 Feb 2018 - 21:37
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QUOTE (KnightofNii @ Wed, 14 Feb 2018 - 21:31) *
What should I be saying to Smart in order to make them see sense?

The only thing that will make them see sense is their 'defective' paperwork. They will reject anything you say however genuine it is.

They do not use the Protection of Freedoms Act to pursue the keeper. So you appeal this. If they do reject, POPLA will uphold.

If you try anything else they will reject, POPLA will agree and you have 6 years to see if they raise a claim.

QUOTE (KnightofNii @ Wed, 14 Feb 2018 - 21:31) *
...not going to compound matters by lying.

There's no lying involved. Simply that they've failed to engage keeper liability - they would have to show who was driving. You're not going to tell them, are you?


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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bobthesod
post Wed, 14 Feb 2018 - 21:39
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Oh Dear

Change all your posts to delete who was driving. they CAN chase the driver. If they dont know who the driver was they chase the RK but if you read the post above you will note that their notices are defective in that respect.

Just change it to The DRIVER did this...the DRIVER saw that

DO NOT in any way shape or form either written verbal or email tell them who was behind the wheel. They rely on people like you to stay in business
You are not lying when you use the third person ? ( English grammar not my strong point) BUT dont offer yourself up with out a fight. You came on here for advice. Please take a while to see what the guys on here tell you to do AND do it by the letter. otherwise your wallet will take the hit

Others more learned than i in these matters will set you straight

HTH
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ostell
post Wed, 14 Feb 2018 - 22:39
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Have you even bothered to read other threads on here where everybody is told to not identify the driver? Just use the words "the driver...." etc.

You have a winnable case but will forfeit the win if you continue to identify the driver.

Post up the NTK you received, then get editing. You will lose the chance to edit in a short time.

This post has been edited by ostell: Wed, 14 Feb 2018 - 22:43
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KnightofNii
post Wed, 14 Feb 2018 - 23:23
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OK, the keeper will scan and upload the NTK (with all identifying information removed)

KofN

This post has been edited by KnightofNii: Thu, 15 Feb 2018 - 18:03
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nosferatu1001
post Thu, 15 Feb 2018 - 08:41
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No, the driver does ABSOLUTELY NOTHING

The KEEPER, you, does everything

Again, get out your thread and READ.
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ostell
post Thu, 15 Feb 2018 - 09:43
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Leave the dates visible
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