PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Smart Parking Ltd - The Solent Centre Whiteley, PCN Help please ....
Cuff Em &Stu...
post Thu, 6 Dec 2018 - 21:49
Post #1


Member


Group: Members
Posts: 14
Joined: 5 Dec 2006
Member No.: 9,438



Hi All

I received yesterday a PCN from Smart Parking saying that a vehicle that I own had been parked in a Business and Office Car Park for over 6 hours!

It is a licensed vehicle (I have a license document) and can be used by various licensed drivers.

On checking with the office on the work done by that particular vehicle it did indeed enter The Solent Centre at 11.24.36 to drop a passenger at a Dentist located there but left within a couple of minutes.

At 17.13.41 the vehicle drove through the car park that is open at both ends (no barriers) to go and pick a passenger up from a business that is located the other side of the road.

This is a classic case of what you guys I gather call a "double dip"

How should I reply to this PCN - I have a copy of the licence and can obtain a detailed copy of the work done by that vehicle and the places it went to on that day - or is there a standard letter that I can adapt.

Cuff Em &Stuff Em

p.s. Thanks in advance - I have been registered on this forum for over 12 yrs (05.12.2006) and have had two successes over PCN's using your knowledge and formats
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 8)
Advertisement
post Thu, 6 Dec 2018 - 21:49
Post #


Advertise here!









Go to the top of the page
 
Quote Post
ostell
post Thu, 6 Dec 2018 - 22:18
Post #2


Member


Group: Members
Posts: 11,821
Joined: 8 Mar 2013
Member No.: 60,457



It's the usual SMART non POFA PCN. They cannot transfer liability to the keeper and they don't know the driver so they are up that creek. Unless the required bits are on the reverse but probably not. When I get back to the desktop I'll add an appeal

Ok, Here's the appeal:


Dear Sirs,

I have received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with many of 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



They may just cancel or may refuse your an appeal but then all the POFA fails will make make POPLA accept your appeal later.

This post has been edited by ostell: Thu, 6 Dec 2018 - 22:28
Go to the top of the page
 
+Quote Post
cabbyman
post Fri, 7 Dec 2018 - 09:43
Post #3


Member


Group: Members
Posts: 6,814
Joined: 15 Dec 2007
From: South of John O'Groats, north of Cape Town.
Member No.: 16,066



Know it well!

Can you post the back of the PCN to be certain that we are dealing with a non-PoFA document.

Do some research on the forums for suitable POPLA appeals and post a draft here for checking. Better to be prepared than scrabbling about when time is tight later.

EDIT: Remove the PCN number and barcode, bottom right!

This post has been edited by cabbyman: Fri, 7 Dec 2018 - 09:44


--------------------
Cabbyman 10 PPCs 0
Go to the top of the page
 
+Quote Post
Cuff Em &Stu...
post Fri, 7 Dec 2018 - 21:28
Post #4


Member


Group: Members
Posts: 14
Joined: 5 Dec 2006
Member No.: 9,438



Hi Guys

I attach edited version of front page and back page of the PCN - it appears non-POFA to me but there again you guys are the experts.

I will draft letter using the "ostell" appeal proforma- but using my own words.

A couple of questions before I draft letter - do I complete the online appeal or send the appeal by 1st Class post (proof of posting or signed for delivery?)

I also assume at this stage I do not mention it is a registered licensed vehicle or the detailed copy of work done by that vehicle on that particular day - save that for popla if necessasy?

Thanks

Cuff Em &Stuff Em

This post has been edited by Cuff Em &Stuff Em: Fri, 7 Dec 2018 - 21:55
Attached thumbnail(s)
Attached Image
Attached Image
 
Go to the top of the page
 
+Quote Post
SchoolRunMum
post Fri, 7 Dec 2018 - 22:02
Post #5


Member


Group: Members
Posts: 18,728
Joined: 20 Sep 2009
Member No.: 32,130



I would NOT use your own words. That's why we post templates for people, to stop them shooting themselves in the foot. Ostell's version nails it.

QUOTE
do I complete the online appeal or send the appeal by 1st Class post (proof of posting or signed for delivery?)
Online without a doubt, no letter.

QUOTE
I also assume at this stage I do not mention it is a registered licensed vehicle or the detailed copy of work done by that vehicle on that particular day - save that for popla if necessasy?
NOne of that will even be needed at POPLA. It's a non POFA PCN so Smart are likely to cancel in the New Year, but if not, POPLA will be won on 'no keeper liability' as long as you don;t use your own words or talk about work done on the vehicle.
Go to the top of the page
 
+Quote Post
ostell
post Fri, 7 Dec 2018 - 22:27
Post #6


Member


Group: Members
Posts: 11,821
Joined: 8 Mar 2013
Member No.: 60,457



If you appeal online then screen print and save your input into the web pages, especially the final one confirming input, if there is one.

If by mail then first class and free certificate of posting from a post office.
Go to the top of the page
 
+Quote Post
Cuff Em &Stu...
post Mon, 24 Dec 2018 - 20:34
Post #7


Member


Group: Members
Posts: 14
Joined: 5 Dec 2006
Member No.: 9,438



[attachment=60378:Smart_Parking_3.jpg]An early Christmas present for me and another success story for you guys !!

Many Thanks for your advice and template -much appreciated !!!




These PPN sharks have been Cuffed and Stuffed again biggrin.gif biggrin.gif

This post has been edited by Cuff Em &Stuff Em: Mon, 24 Dec 2018 - 20:41
Attached thumbnail(s)
Attached Image
 
Go to the top of the page
 
+Quote Post
cabbyman
post Mon, 24 Dec 2018 - 20:40
Post #8


Member


Group: Members
Posts: 6,814
Joined: 15 Dec 2007
From: South of John O'Groats, north of Cape Town.
Member No.: 16,066



Well done! Enjoy your Christmas! wink.gif

I hope to have one coming as well. I 'double-dipped' that rat run the other day!

This post has been edited by cabbyman: Mon, 24 Dec 2018 - 20:41


--------------------
Cabbyman 10 PPCs 0
Go to the top of the page
 
+Quote Post
Cuff Em &Stu...
post Mon, 24 Dec 2018 - 20:47
Post #9


Member


Group: Members
Posts: 14
Joined: 5 Dec 2006
Member No.: 9,438



Thanks Cabbyman - you have a good one as well.

p.s I will now try to add this add this to Parking Case Success Stories !! rolleyes.gif



Done

This post has been edited by Cuff Em &Stuff Em: Mon, 24 Dec 2018 - 20:53
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 21st November 2019 - 23:28
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.