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Smart Parking - ANPR Parking Charge notice - Grounds to appeal/defend?, Looking for advice and help on whether to pay this parking charge
Dubble-u
post Tue, 28 May 2019 - 20:34
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Hello Everyone,

I received the attached parking notice charge in the post today. First time I have ever received one so got onto Google and this is clearly the place to come. Having spent a few hours looking through forum threads, there seems to be a myriad means of pushing back on these and the suggestion seems to be to provide a copy of what I have been sent - as attached.

To be clear, this was an ANPR capture and there was no parking ticket etc placed on the car. I received the notice to keeper - which seems to have arrived within the prescribed period. I wonder, however, if the notice may be faulty? They don't reference who the landowner is or details of the contract they have with them to enforce this? I am the keeper, but do not know if I was the driver.

I also wonder if there is any merit in suggesting the vehicle may of not parked during the time? They have my car on ANPR entering and exiting, but no images of my vehicle parked? The driver could have been visiting the delivery yards of the retail outlets which this car park accesses?

Hands up - whoever the driver was did not see the signs warning of the parking charges but on review of street view images - they are there and visible. Ignorance is no defence etc.

So, looking for some advice as to how to play this. Any help gratefully received and I hope I have followed the forums code.

Thanks in advance

Attached File(s)
Attached File  Smart_Parking.pdf ( 622.99K ) Number of downloads: 19
 
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post Tue, 28 May 2019 - 20:34
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Jlc
post Tue, 28 May 2019 - 20:39
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Dear Not-so-smart Parking,

I have just received your Parking Charge Notice *** for vehicle *******.

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 give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or from any debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours

The keeper


--------------------
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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ostell
post Tue, 28 May 2019 - 21:55
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Send first class post and get a free certificate of posting from a post office.

Look at POFA and make a note of all the other fails they have made with regard to para 9
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Dubble-u
post Thu, 30 May 2019 - 10:48
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QUOTE (Jlc @ Tue, 28 May 2019 - 21:39) *
Dear Not-so-smart Parking,

I have just received your Parking Charge Notice *** for vehicle *******.

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 give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or from any debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours

The keeper


Thanks for this. Should I send now or should I wait until after the period they have to send a correct letter - to avoid them trying to send a compliant one at that time?
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Jlc
post Thu, 30 May 2019 - 10:51
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Now.


--------------------
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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Dubble-u
post Mon, 10 Jun 2019 - 07:47
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Hi Everyone

Just to say, a big thank you. Received a letter from Smart Parking over the weekend in which they simply say

"Thank you for your correspondence. I have noted the points you raised and would like to confirm that on this occasion we are cancelling the parking charge notice"

The fact they were so quick to cancel speaks volumes (to me at least) that these types of charges are simply fraudulent.

Keep up the good work.

Thanks again



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Jlc
post Mon, 10 Jun 2019 - 08:21
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Not fraudulent but speculative...


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