Smart Parking PCN |
Smart Parking PCN |
Fri, 19 Apr 2019 - 16:38
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#1
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New Member Group: Members Posts: 5 Joined: 19 Apr 2019 Member No.: 103,496 |
Hi,
Hope someone can advise. I have received a PCN from Smart Parking for a overstay of 1 Hour on a 3 hour Max. Another insured driver used my car for the trip, I was not in the vehicle at all. However the car is in my name so the PCN came to me. The driver went to the Gym which is on a large business park for over 2 hours. The GYM has it's own small car park around the back of a Building and the driver parked there. The cameras are at the entrance to the business park. (uploaded map of the Car park GYM car park no 1) The driver came out of the gym then drove to another car park which is on the same business park opposite end however the driver didn't realise it was all under the same parking regulations and then went shopping. The Driver has full receipts for the supermarket shop and another shop and Evidence from the GYM of being there for 2 hours. Can anyone advise best way. Thanks in advance. cheers Patrick This post has been edited by PHendo1999: Fri, 19 Apr 2019 - 19:38 |
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Fri, 19 Apr 2019 - 16:38
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Fri, 19 Apr 2019 - 17:48
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#2
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Member Group: Members Posts: 1,887 Joined: 16 Jul 2015 Member No.: 78,368 |
First edit your post and give no indication as to who drove, it`s "the driver" did this or that.
It is you who is the keeper and do any appeal. |
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Fri, 19 Apr 2019 - 18:29
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#3
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New Member Group: Members Posts: 5 Joined: 19 Apr 2019 Member No.: 103,496 |
Apologies Dave, I have corrected, I was not driving or in the vehicle during this time.
This post has been edited by PHendo1999: Fri, 19 Apr 2019 - 18:37 |
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Fri, 19 Apr 2019 - 19:02
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#4
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Member Group: Members Posts: 2,053 Joined: 20 May 2013 Member No.: 62,052 |
Edit further. All references to the person driving the car should be "the driver", e.g. "The driver took my car", "the drvier went to the Gym" etc.
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Fri, 19 Apr 2019 - 19:29
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#5
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New Member Group: Members Posts: 5 Joined: 19 Apr 2019 Member No.: 103,496 |
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Fri, 19 Apr 2019 - 20:21
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#6
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Is this how the appeal should look ? As they do not rely on the Protection of Freedoms Act to hold the queue liable then the appeal is quite simple: QUOTE Dear Sirs, I have just received your Parking Charge Notice xxxxx for vehicle VRM xxxx 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 your 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 etc -------------------- 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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Fri, 19 Apr 2019 - 20:49
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#7
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New Member Group: Members Posts: 5 Joined: 19 Apr 2019 Member No.: 103,496 |
Thanks Mickey.
I don't quite understand what this means. Does the charge not fall back to me if I refuse to name the Driver of the vehicle ? I found the below on guidance for guidance-unpaid-parking-charges.pdf The registered keeper has 28 days after receiving a notice from the landholder in which to provide the driver’s details, pay the parking charge, or appeal against the ticket. If the registered keeper fails to do any of these things the landholder may begin proceedings to recover the parking charge from the registered keeper Cheers Patrick |
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Fri, 19 Apr 2019 - 21:36
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#8
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
No, they can only pursue the keeper IF they comply with Protection of Freedoms Act. They don't.
Send the appeal. Wait for their cancellation... -------------------- 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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Fri, 19 Apr 2019 - 21:39
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#9
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
To hold the keeper liable they have to comply with the requirements of POFA. Here's POFA. Have a particular look at 9 (2) and the statements that MUST be there. Miss one, or get it wrong and no keeper liability
Your guidance must have been written by the parking companies, and it's wrong for many reasons. POFA is the LAW and overrides any guidance |
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Sat, 20 Apr 2019 - 09:20
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#10
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New Member Group: Members Posts: 5 Joined: 19 Apr 2019 Member No.: 103,496 |
Thanks Everyone for the response. Much appreciated.
I will take this route. Regards Patrick |
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