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    • theleonardsmiths
    • By theleonardsmiths 8th Sep 17, 8:39 AM
    • 5Posts
    • 1Thanks
    theleonardsmiths
    Help with a SmartParking PCN
    • #1
    • 8th Sep 17, 8:39 AM
    Help with a SmartParking PCN 8th Sep 17 at 8:39 AM
    So I received a postal PCN from SmartParking about a week and a half ago and want to know how best to appeal it.


    I have read the sticky posts, but am not 100% sure whether I have understood them correctly and whether the process described applies in this situation so am seeking further guidance.


    Background about the PCN:


    It said the vehicle entered at 14:05 and left at 18:28. The driver spent about 10 mins driving round the car park trying to get a space. Then bought a ticket from the machine for 4 hours. I believe they were approx. 10-15mins late back to the car. I don't know whether SmartParking have a 'grace period' but if they do the driver can't have been far outside it. They also parked in the same carpark on 3 subsequent occasions in the following week paying by card over the phone and always getting back to the car in time.


    Research says SmartParking is a BPA member. So do I just send the below through their online appeal and not mention any of the above?


    Thanks in advance for your help and guidance


    Dear Sirs

    Re: PCN No. ....................

    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.

    There will be no admissions as to who was driving 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 appeal and look forward to your reply.

    Yours faithfully,
    Last edited by theleonardsmiths; 08-09-2017 at 9:35 AM.
Page 1
    • Quentin
    • By Quentin 8th Sep 17, 8:56 AM
    • 32,768 Posts
    • 16,776 Thanks
    Quentin
    • #2
    • 8th Sep 17, 8:56 AM
    • #2
    • 8th Sep 17, 8:56 AM
    As you have found the blue appeal from the newbies thread you should also know the advice never to reveal who was driving

    The ppcs monitor this forum and can use your posts against you.

    Edit your post to remove details of who was driving

    Send that appeal as is.
    • theleonardsmiths
    • By theleonardsmiths 8th Sep 17, 9:32 AM
    • 5 Posts
    • 1 Thanks
    theleonardsmiths
    • #3
    • 8th Sep 17, 9:32 AM
    Thanks
    • #3
    • 8th Sep 17, 9:32 AM
    Thank you for the advice - I have amended my post.


    I will submit the letter about large lettering as it is.
    • theleonardsmiths
    • By theleonardsmiths 8th Sep 17, 9:47 AM
    • 5 Posts
    • 1 Thanks
    theleonardsmiths
    • #4
    • 8th Sep 17, 9:47 AM
    • #4
    • 8th Sep 17, 9:47 AM
    Sorry just want to check a couple of things before I press send (don't want to get it wrong!)

    a) The paragraph about not obtaining the registered keepers details from the DLVA - haven't they already done that? How else would they have got my address?

    b) The car is registered at my parents address, I but I live elsewhere most of the time. Should I put the registered address or my contact address at the bottom of the letter?

    Thanks in advance
    • Coupon-mad
    • By Coupon-mad 8th Sep 17, 10:01 AM
    • 49,992 Posts
    • 63,392 Thanks
    Coupon-mad
    • #5
    • 8th Sep 17, 10:01 AM
    • #5
    • 8th Sep 17, 10:01 AM
    http://forums.moneysavingexpert.com/showthread.php?p=73094264#post73094264

    Edit it how you like, it's nothing important.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Quentin
    • By Quentin 8th Sep 17, 10:04 AM
    • 32,768 Posts
    • 16,776 Thanks
    Quentin
    • #6
    • 8th Sep 17, 10:04 AM
    • #6
    • 8th Sep 17, 10:04 AM
    A. Send it as is

    B. As long as you will get post sent to your registration address no need to advise them.

    Conversely if there is a chance your post won't be forwarded them give them your contact address. But should you move you will have to keep informing them .

    They have 6 years to take legal action against you and you don't want court documents arriving years in the future and not knowing about them till too late!
    • theleonardsmiths
    • By theleonardsmiths 8th Sep 17, 10:25 AM
    • 5 Posts
    • 1 Thanks
    theleonardsmiths
    • #7
    • 8th Sep 17, 10:25 AM
    • #7
    • 8th Sep 17, 10:25 AM
    Thank you again, I have submitted the appeal.
    • theleonardsmiths
    • By theleonardsmiths 14th Sep 17, 3:03 PM
    • 5 Posts
    • 1 Thanks
    theleonardsmiths
    • #8
    • 14th Sep 17, 3:03 PM
    • #8
    • 14th Sep 17, 3:03 PM
    I've not heard anything from Smart Parking since submitting the appeal last Friday - how long should I wait? And what should I do next?


    Thank you, Eleanor
    • potz33
    • By potz33 14th Sep 17, 10:49 PM
    • 8 Posts
    • 0 Thanks
    potz33
    • #9
    • 14th Sep 17, 10:49 PM
    • #9
    • 14th Sep 17, 10:49 PM
    I'm.also waiting on a reply from an appeal I sent last Sunday. Just Got to wait it out I guess ! The PCN was very similar to yours. Drove round car park, parked, walked to bybticket. Back in plenty if ticket time but time to get out of car park... also my query is how can they use an anpr camera as vehicle drives in and a ticket machine!? The two are never going to marry up! Idiots
    • Coupon-mad
    • By Coupon-mad 15th Sep 17, 12:27 AM
    • 49,992 Posts
    • 63,392 Thanks
    Coupon-mad
    I've not heard anything from Smart Parking since submitting the appeal last Friday - how long should I wait? And what should I do next?
    Originally posted by theleonardsmiths
    Seriously? They've had it about 48 hours, counting only working days! I'm not sure how quickly you think companies respond but - not that quick!

    They have 35 DAYS to respond, you could find that in the BPA CoP very easily.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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