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  • FIRST POST
    • roxannemorgan123
    • By roxannemorgan123 15th Jul 17, 1:36 PM
    • 2Posts
    • 0Thanks
    roxannemorgan123
    help!! smart parking ticket
    • #1
    • 15th Jul 17, 1:36 PM
    help!! smart parking ticket 15th Jul 17 at 1:36 PM
    I got a parking ticket back in May 2017, and I recieved a notice to keeper in June for £60, stupidly ignored it for too long before consulting mse and pepipoo, but didnt recieve any further notices or final notcies, now in the last couple of days recieved a debt recovery letter for £160! I've got a draft Ive compiled and i was wondering if anyone could say if it sounds right or if I need to take away or add anything. I know a lot of these threads have said smart parking doesn't have a leg to stand on due to not complying with the pofa, which they didnt do in my case, but im wondering if i messed up not replying to them sooner! Thank you

    To whomever it may concern,

    Re: PCN No. xxxxxxxx


    Without Prejudice.
    I was the registered keeper of a xxxxxxxxx registration number xxxxxxx, and was issued with an invoice from your company for a Parking Charge Notice, for a suspected breach of contract on the 25/05/2017. I challenge this 'PCN' as keeper of the car.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.
    Not only were the signs not clear, but my Notice to Keeper letter (dated 01/06/2017) was received on the 9/06/2017, and no Notification letter or Final reminder letter was received before you passed my details onto a debt recovery company.

    As you have failed to comply with the schedule 4 of the Protection of Freedoms Act 2012 (“POFA”), particularly paragraph 9 2(e) and 2(f). You have forfeited your right to keeper liability.

    There will be no admissions as to who was the driver and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court, for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this challenge and look forward to your reply.

    Yours faithfully,
Page 1
    • Fruitcake
    • By Fruitcake 15th Jul 17, 1:47 PM
    • 39,742 Posts
    • 79,538 Thanks
    Fruitcake
    • #2
    • 15th Jul 17, 1:47 PM
    • #2
    • 15th Jul 17, 1:47 PM
    They will no doubt tell you that you are too late to appeal, but you have nothing to lose by sending in a late one. They would be stupid to try court once they know you know they have failed to transfer liability to the keeper, but then there are some pretty stupid parking scammers out there.

    So yes, send that appeal.

    What happened when you complained to the landowner?
    Last edited by Fruitcake; 15-07-2017 at 2:04 PM.
    I married my cousin. I had to...
    I don't have a sister.

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    • roxannemorgan123
    • By roxannemorgan123 15th Jul 17, 1:53 PM
    • 2 Posts
    • 0 Thanks
    roxannemorgan123
    • #3
    • 15th Jul 17, 1:53 PM
    • #3
    • 15th Jul 17, 1:53 PM
    I didnt complain to the landowner because i wasnt sure who that might be, its a shared car park between quite a few shops, i presume maybe its owned by matalan, but my first thought was to just ignore it because a few people said it wasnt enforcable, this was before i knew about the pofa 2012, and after I'd missed their appeal dates! So i havent contacted the landowner, smart parking or the debt collection company yet!
    • Coupon-mad
    • By Coupon-mad 15th Jul 17, 6:45 PM
    • 48,285 Posts
    • 61,764 Thanks
    Coupon-mad
    • #4
    • 15th Jul 17, 6:45 PM
    • #4
    • 15th Jul 17, 6:45 PM
    Matalan Managers are quite good at cancelling these, if not Google the place to find the site agents.

    No-one is telling you to contact a debt collector firm, so don't. No phone calls to anyone either.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

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