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  • FIRST POST
    • potz33
    • By potz33 9th Sep 17, 1:59 PM
    • 10Posts
    • 1Thanks
    potz33
    Smart parking pcn
    • #1
    • 9th Sep 17, 1:59 PM
    Smart parking pcn 9th Sep 17 at 1:59 PM
    Ok, so this morning through the post the RK received a PCN referring to a day at Brean sands in Somerset.

    The letter shows 2 photos of the vehicle, one entering the car park and one leaving the car park. A ticket was purchased from a machine after parking where there was a queue - it was one of those machines that you have to enter the VRM of the vehicle which was done correctly. At this particular car park you receive two tickets one to place in the windscreen, which was done, and one to keep.

    Anyway, the entrance time to the car park was 13:17:37... the ticket which has been kept oddly enough, reads expiry 17:26 So must have been purchased at 13:26 as £4 was paid for 4 hours. Reasonable charge. And the time noted by ANPR leaving the car park is 17:35:14. There was a queue at the ticket machine, there was a queue into the car park, there was a number of people driving rather slowly and attempting to get into spaces at the time of leaving and the driver has CFS/ME which causes aching joints, amongst other many issues, which results in that person being quite a slow walker.

    I have read the newbies thread but I have to admit that as this is the first time this has ever happened it is all a little confusing and a lot to take in. I am aware that PCN's are not legally enforceable but there is concern that this go to court etc... any advise on what to do would be greatly received.

    We don't know what to do for the best.

Page 1
    • Quentin
    • By Quentin 9th Sep 17, 2:09 PM
    • 32,808 Posts
    • 16,840 Thanks
    Quentin
    • #2
    • 9th Sep 17, 2:09 PM
    • #2
    • 9th Sep 17, 2:09 PM
    The newbies FAQ thread is daunting but nevertheless it's essential you fully understand the game you are now caught up in.

    Take it slowly in chunks. Concentrate on the initial appeals and leave the section on court action till you ever get any

    You didn't read here that the charges cannot be enforced! If that was the case there would be no need for this forum!
    • potz33
    • By potz33 9th Sep 17, 2:23 PM
    • 10 Posts
    • 1 Thanks
    potz33
    • #3
    • 9th Sep 17, 2:23 PM
    • #3
    • 9th Sep 17, 2:23 PM
    It is very daunting Quentin. Especially for someone who has never once posted on any forums on here or really taken part in any other than reading them.

    There is lots of information and things I have never heard of before. It isn't simple and easy to get through. I think I will simply speak to my Dad who is very good with words to see what he suggests.
    All the mentions of bpa and popla etc is very daunting for someone who has never once in their life received a parking ticket. I have managed to Google to check to see if smart parking Ltd are accredited and they are with BPA. I have read the 2 letter samples but neither of them are relevant to this scenario....
    • potz33
    • By potz33 9th Sep 17, 2:28 PM
    • 10 Posts
    • 1 Thanks
    potz33
    • #4
    • 9th Sep 17, 2:28 PM
    • #4
    • 9th Sep 17, 2:28 PM
    And no I didn't read here that they aren't enforceable. But a parjingbcharge notice is not backed by law... it is an invoice for a "breach of contract" and not backed by law. Unlike a penalty charge notice.

    The issue with this "contract" is the time differences. How can something be enforceable when an able camera clocks you coming into the car park and leaving but once parked you have to walk to the ticket machine, queue and pay...?? That is what I need to query in the appeal I feel....
    • Umkomaas
    • By Umkomaas 9th Sep 17, 2:33 PM
    • 14,587 Posts
    • 22,941 Thanks
    Umkomaas
    • #5
    • 9th Sep 17, 2:33 PM
    • #5
    • 9th Sep 17, 2:33 PM
    I have read the 2 letter samples but neither of them are relevant to this scenario....
    The one in blue text is very apposite as an initial appeal. Smart may cancel if they see that or they may not and you'll need to appeal to POPLA where you will be using arguments based on the BPA's two grace periods (look them up - Section 13 of the BPA Code of Practice) and other issues which should see your charge cancelled.

    But you still need to read and understand the sticky as there are other pieces of the jigsaw to fit in with my quick sketch above.

    This gets easier the more you learn but it's no quick-fix.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • potz33
    • By potz33 9th Sep 17, 2:41 PM
    • 10 Posts
    • 1 Thanks
    potz33
    • #6
    • 9th Sep 17, 2:41 PM
    • #6
    • 9th Sep 17, 2:41 PM
    I have read about the Grace periods and believe we fall within those Grace periods. 9 mins from driving in and paying and 9 mins from time on our ticket to driving out of car park. (Issues with others around and being in the car with a very considerate driver !) Know for a fact that we didn't go over time as we were clock watching in the arcade with children!
    • Quentin
    • By Quentin 9th Sep 17, 4:50 PM
    • 32,808 Posts
    • 16,840 Thanks
    Quentin
    • #7
    • 9th Sep 17, 4:50 PM
    • #7
    • 9th Sep 17, 4:50 PM
    At this stage realise that your circs don't make any difference.


    You tackle this as advised in the faq!


    Initial appeal (all typed up there for you to use)


    Then if that fails come back for help constructing a POPLA appeal
    • Redx
    • By Redx 9th Sep 17, 4:54 PM
    • 15,516 Posts
    • 19,602 Thanks
    Redx
    • #8
    • 9th Sep 17, 4:54 PM
    • #8
    • 9th Sep 17, 4:54 PM
    ok , so there have been enough examples of suitable wording to be used on here previously, as it comes up almost every day

    adapt the amended wording in this thread

    http://forums.moneysavingexpert.com/showthread.php?t=5702791

    if they did not fail POFA2012, remove that extra addition , but keep in the GRACE PERIODS part

    the paid for ticket is not relevant , its the alleged OVERSTAY they are complaining about, even though the BPA CoP covers this aspect

    hence why you add a GRACE PERIODS paragraph to the blue text appeal, and change some wording to

    "Should you have obtained" (past tense as its already been done)

    at this stage its not rocket science, its a case of reading and adapting words already written on this forum, especially for newbies who havent come across this before
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • potz33
    • By potz33 9th Sep 17, 5:31 PM
    • 10 Posts
    • 1 Thanks
    potz33
    • #9
    • 9th Sep 17, 5:31 PM
    • #9
    • 9th Sep 17, 5:31 PM
    Thank you Redx. I have thoroughly read through that other forum and that helps me massively. I'm not so great at wording things when I'm angry and was wondering how to put in about Grace periods and clause 13. That helps tons. Will keep you updated. Appeal going in this evening.
    • Coupon-mad
    • By Coupon-mad 9th Sep 17, 10:47 PM
    • 50,101 Posts
    • 63,486 Thanks
    Coupon-mad
    The altered template is great but the OP needs to relax.

    This will be a cinch.

    The registered keeper could write anything to Smart that doesn't say who was driving and you'd win at POPLA!
    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.

    • potz33
    • By potz33 10th Sep 17, 8:03 AM
    • 10 Posts
    • 1 Thanks
    potz33
    Quick question... I was going to send an email but there is no email address to appeal to. The template letter can I send that through on their appeal form off their website? Just rather irritating that I won't have an electronic trail to back up anything should they say I haven't appealed in the time required.

    Way over thinking this I reckon! ��
    • Umkomaas
    • By Umkomaas 10th Sep 17, 9:51 AM
    • 14,587 Posts
    • 22,941 Thanks
    Umkomaas
    Take a screen shot of it before pressing the 'Submit' button.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • potz33
    • By potz33 14th Sep 17, 3:00 PM
    • 10 Posts
    • 1 Thanks
    potz33
    I emailed them via their appeal form on Sunday with the template letter saying they have 21 days to respond... Do they normally respond quickly or wait until the 21 days are nearly up? Still not heard anything and getting rather racked off by their lack of acknowledgement!
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