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pcn, pcn from smart parking
stephen1994
post Sat, 12 May 2018 - 12:01
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Hi all,new to this forum.
Just received a letter from smart parking for not paying.
the driver still has the ticket,Do they just appeal to them on their website.
Any help would be grateful never .
Thanks

This post has been edited by stephen1994: Sat, 12 May 2018 - 20:10
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post Sat, 12 May 2018 - 12:01
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ostell
post Sat, 12 May 2018 - 14:11
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Lets see the NTK that you received redacted so that identifying details are removed. Leave dates.

Edit you first post so that the identity of the driver cannot be inferred. Use "the driver......" etc. perhapes received a ticket for the driver not paying? It is important that they don't get a hint of the driver and they read these forums.
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Jlc
post Sat, 12 May 2018 - 14:13
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Yes, the driver identity is critical here as Smart do not use keeper liability. The notice only says the driver is liable?


--------------------
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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stephen1994
post Sat, 12 May 2018 - 16:32
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Parking Charge Notice

PCN details
Vehicle Registration Number
Parking Charge Notice
Contravention Date 11/04/2018
Contravention Time 10:17
Issue Date 08/05/2018
Make Unknown
Colour Unknown
Was seen in FANTASY ISLAND EXTRA, SKEGNESS
Contravention Insufficient Paid Time

the driver paid the actual parking ticket from the meter,but not sure how to upload it.

Which shows the driver bought ticket at 10.20 and expires at expires 23.59 on 11 april 2018

This post has been edited by stephen1994: Sat, 12 May 2018 - 20:06
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Pensioner
post Sat, 12 May 2018 - 16:36
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Remove the ticket number and reg
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stephen1994
post Sat, 12 May 2018 - 16:39
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Pensioner
post Sat, 12 May 2018 - 16:46
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Looks like they jumped as soon as you left the car to buy the ticket.

I'd be referring them to the reply given in the Pressdram v Arkle episode.
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stephen1994
post Sat, 12 May 2018 - 16:49
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on the paperwork it says entered at 10.17 and exited at 11.12
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ManxRed
post Sat, 12 May 2018 - 18:06
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Edit post #4.

I assume the driver bought the ticket.


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Jlc
post Sat, 12 May 2018 - 18:08
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I'm wondering if the O in WOC is actually been typed in as a zero?


--------------------
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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stephen1994
post Sat, 12 May 2018 - 18:18
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yes,driver bought the ticket
would it still be worth appealing against if the o is wrong?
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ostell
post Sat, 12 May 2018 - 20:02
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Why do peple ask for help and then ignore the advice to not identify the driver? And those that comment the same rules apply.

Read the READ THIS FIRST sticky at the top of the thread list to find out how to attach items to the forum.

Was there a windscreen ticket? I assume not so therefore it is imperative that the driver is not identified as the Notice to Keeper was not delivered within the required 14 days and therefore there can be no keeper liability. Forget about the ticket

Get editing or be prepared to snatch defeat from the jaws of victory. That includes other contibutors

This post has been edited by ostell: Sat, 12 May 2018 - 20:12
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stephen1994
post Sat, 12 May 2018 - 20:11
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i have now edited my posts
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ostell
post Sat, 12 May 2018 - 20:20
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So now go searching the forum for a BOGOFF response for failing to deliver. Post it here for critique before you send
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stephen1994
post Sat, 12 May 2018 - 20:34
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something on the lines of this
I am the keeper of vehicle VRN xxx and refer to PCN xxxx that you sent to me on the (date). As the notice was not sent within 14 days.The notice fails to meet the requirements of Schedule 4 of the Protection of Freedoms Act 2012 namely, but not limited to, 9 (4) (b) failing to deliver within the 14 day relevant period and therefore cannot create any liability for the keeper and I therefore cannot be held liable for the actions of the driver on that day. As I have no liability in this matter I do not expect to hear from you again other than to confirm cancellation of the ticket. You are now required to cease processing my personal details and remove them from your database. Any further contact will be considered harassment.
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ostell
post Sat, 12 May 2018 - 20:55
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That will do. Easy wasn't it?

You could add that there is no legal requirement to identify the driver at the time and you will not be doing so.

This post has been edited by ostell: Sat, 12 May 2018 - 20:59
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stephen1994
post Sat, 12 May 2018 - 21:02
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thank you
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stephen1994
post Fri, 15 Jun 2018 - 18:11
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So 35 days have passed since i appealed the pcn and heard nothing back from smart.
Do i just send them a email asking them to cancel the charge?
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ostell
post Fri, 15 Jun 2018 - 20:03
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Tell them that since they have not responded to your appeal within the 35 days required by their Code of Practice then you are assuming that your appeal was successful and you do not expect to hear from them again other than to confirm no further action.

This post has been edited by ostell: Fri, 15 Jun 2018 - 20:06
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stephen1994
post Fri, 15 Jun 2018 - 20:12
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Sent them email
Thanks
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