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Smart Parking, Invoice at Airport Pub Manchester
syncii
post Mon, 21 Jan 2019 - 12:49
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Hi,

Family member visited Airport Pub Manchester for children's party. Paid for 2 hours but overstayed by 16 minutes (party overran, kids to get in the car etc. etc).

Parking managed by Smart Parking Ltd.

Parking "infringement" was on 15/12/18. Notice sent to Registered Keeper on 14/12/19 and received on 16/1/19.

Contacted Pub directly and was asked to send email to Pub Manager. He has ignored email and is never available on the phone.

Any comments on next steps?

Thanks

This post has been edited by syncii: Mon, 21 Jan 2019 - 12:51
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post Mon, 21 Jan 2019 - 12:49
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Redivi
post Mon, 21 Jan 2019 - 13:15
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Dear Smart Parking
Re: PCN No. xxxxx, VRM No: xxxxx

I refer to the above Notice to Keeper.

I note that you have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 including, but not limited to:

- failing to serve the Notice in accordance with Paras 9.4(b) and 9.5

You cannot therefore transfer liability for the alleged charge from the driver at the time to me, the keeper.
You will no doubt be aware that there is no legal requirement for me to name the driver, and I will not be doing so.

I look forward to receiving conformation that this matter is closed, after which I do not expect to hear from you or your debt collectors or agents.

Yours faithfully,

Registered Keeper.


One star reviews on Trip Advisor usually get a manager's attention

This post has been edited by Redivi: Mon, 21 Jan 2019 - 13:17
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syncii
post Mon, 21 Jan 2019 - 13:46
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Many thanks for the prompt response.

Do I mention the exceeding 14 days or is it not necessary?

Thanks
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Ollyfrog
post Mon, 21 Jan 2019 - 13:50
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(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.


You already did.
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syncii
post Mon, 21 Jan 2019 - 15:09
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Thanks for the explanation. Much appreciated.
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syncii
post Tue, 5 Feb 2019 - 11:55
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Letter (as advised) sent 1st class signed for on 25th Jan. Signed for received by Smart Parking Ltd on 28th January. No letter of cancellation or POPLA appeal number yet.

Any idea what happens now or am I just being impatient?

Thanks.
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Glacier2
post Tue, 5 Feb 2019 - 11:58
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Smart will eventually cancel the charge. They will often take the full 35 days to respond.
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syncii
post Tue, 5 Feb 2019 - 15:27
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QUOTE (Glacier2 @ Tue, 5 Feb 2019 - 11:58) *
Smart will eventually cancel the charge. They will often take the full 35 days to respond.


Thanks I'll try an be patient.
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Ollyfrog
post Tue, 5 Feb 2019 - 15:30
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QUOTE (syncii @ Tue, 5 Feb 2019 - 11:55) *
Letter (as advised) sent 1st class signed for on 25th Jan. Signed for received by Smart Parking Ltd on 28th January.


Wow! Lucky they signed for it then. Usual advice is 1st class, free certificate of posting and never, ever signed for.
They are known to refuse to accept signed for mail as it's usually bad news for them, then all you're left with is proof that a letter wasn't delivered.
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syncii
post Thu, 7 Feb 2019 - 19:22
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QUOTE (Ollyfrog @ Tue, 5 Feb 2019 - 15:30) *
QUOTE (syncii @ Tue, 5 Feb 2019 - 11:55) *
Letter (as advised) sent 1st class signed for on 25th Jan. Signed for received by Smart Parking Ltd on 28th January.


Wow! Lucky they signed for it then. Usual advice is 1st class, free certificate of posting and never, ever signed for.
They are known to refuse to accept signed for mail as it's usually bad news for them, then all you're left with is proof that a letter wasn't delivered.


Phew didn't realise that. I had also done the appeal on line as a back up. So they couldn't refute the appeal as it happens.

Anyway, received notice of cancellation today so result.

Thanks all for the excellent advice.

Oh and don't visit the Airport Pub, Manchester until they stop playing a part in this disgraceful scam. The food really isn't worth it.
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Ollyfrog
post Thu, 7 Feb 2019 - 21:09
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