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  • FIRST POST
    • Mrs Woody
    • By Mrs Woody 28th Nov 17, 9:37 PM
    • 6Posts
    • 2Thanks
    Mrs Woody
    Smart Parking PCN for a Gym?
    • #1
    • 28th Nov 17, 9:37 PM
    Smart Parking PCN for a Gym? 28th Nov 17 at 9:37 PM
    Hi,

    We recently received a PCN for a car park in an area we used to live, it was always free to use for a certain amount of time. However, since moving a Gym has been opened and smart parking now “manage” this land and only members can use the car park. We were obviously was unaware of this. My son was in the car, he was sick.... everywhere. Unaware of any changes went into some nearby shops and got some bits to clear up the vomit as best as could before heading home. Is it worth appealing? Or if it’s for Gym Members only and clearly not a member just pay it? Don’t know what to do for the best, have read in so many places to ignore it and it’ll go away but have also heard horror stories of the amount increasing or even court action! Please help!
    Last edited by Mrs Woody; 28-11-2017 at 9:55 PM.
Page 1
    • Redx
    • By Redx 28th Nov 17, 9:41 PM
    • 16,868 Posts
    • 20,947 Thanks
    Redx
    • #2
    • 28th Nov 17, 9:41 PM
    • #2
    • 28th Nov 17, 9:41 PM
    you would be very , very foolish to ignore it

    IGNORE has not been an option for 5 years now , not since the POFA2012 law came into force

    read the NEWBIES FAQ sticky thread and appeal it , as KEEPER, using the blue text appeal template "as is" , NO ALTERATIONS and NO ADDITIONS

    do not reveal who was driving

    edit your last post to remove any hint of who was driving

    THE DRIVER was driving on the day in question

    THE KEEPER has received the postal paperwork

    keep it that way
    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
    • Redx
    • By Redx 28th Nov 17, 9:47 PM
    • 16,868 Posts
    • 20,947 Thanks
    Redx
    • #3
    • 28th Nov 17, 9:47 PM
    • #3
    • 28th Nov 17, 9:47 PM
    it is a confusing topic, so I would not expect you to understand it all as a newbie

    its a legal matter about contracts , and is very complicated and convoluted

    for now, just appeal , preferably online , as keeper and copy and paste the blue text

    this is simple to do, easy , quick , no knowledge required

    what is the alleged "offence" ??

    an overstay ? if so , how long was the vehicle on site ?

    or lack of payment ? , how long was the vehicle on site ?
    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
    • Mrs Woody
    • By Mrs Woody 28th Nov 17, 9:58 PM
    • 6 Posts
    • 2 Thanks
    Mrs Woody
    • #4
    • 28th Nov 17, 9:58 PM
    • #4
    • 28th Nov 17, 9:58 PM
    The car was parked for a total of 11minutes.
    The letter states the company 'has the right to seek payment of the parking charge for the unauthorised parking of the vehicle on the land on the relevant date as owner of the land, on the basis of a contractual right to occupy or to have possession of the land, or acting as agent of the landowner'
    • Redx
    • By Redx 28th Nov 17, 10:02 PM
    • 16,868 Posts
    • 20,947 Thanks
    Redx
    • #5
    • 28th Nov 17, 10:02 PM
    • #5
    • 28th Nov 17, 10:02 PM
    there is a grace period in the BPA CoP, unspecified , but generally thought to be around 5 to 10 minutes

    so at a stretch the vehicle was on the land for the grace period only , this will eventually be a part of the appeal

    for now , just submit the blue text template and see what happens

    either they will cancel,, or issue a popla code, then appeal to popla using legal arguments

    in future , do not park on private land because these companies have sprung up everywhere

    when doing so , check the signage carefully and never linger without suitable payment etc

    if in doubt , dont enter , dont park, dont leave the site with the vehicle stopped or parked
    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
    • Mrs Woody
    • By Mrs Woody 28th Nov 17, 10:07 PM
    • 6 Posts
    • 2 Thanks
    Mrs Woody
    • #6
    • 28th Nov 17, 10:07 PM
    • #6
    • 28th Nov 17, 10:07 PM
    Thank you! You are very helpful, the world needs more people like you 🤓
    • Umkomaas
    • By Umkomaas 28th Nov 17, 10:54 PM
    • 15,864 Posts
    • 24,586 Thanks
    Umkomaas
    • #7
    • 28th Nov 17, 10:54 PM
    • #7
    • 28th Nov 17, 10:54 PM
    In readiness for your POPLA appeal:

    We recently received a PCN for a car park in an area we used to live,
    1. Date of parking ‘contravention’?
    2. Date of issue of the Notice to Keeper (Parking Charge Notice via post to you from Smart Parking) - the date shown on the letter?
    3. Date of receipt of the NtK by you?
    4. Is there a date stamp on the envelope that contained the letter? If so, what is it?
    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.
    • Mrs Woody
    • By Mrs Woody 29th Nov 17, 7:52 AM
    • 6 Posts
    • 2 Thanks
    Mrs Woody
    • #8
    • 29th Nov 17, 7:52 AM
    • #8
    • 29th Nov 17, 7:52 AM
    Date of Contravention was 02/11/2017
    Date shown on Letter is 21/11/2017
    I'm not sure when I received the letter, possibly 23/11/2017
    I no longer have the envelop
    • Mrs Woody
    • By Mrs Woody 29th Nov 17, 7:59 AM
    • 6 Posts
    • 2 Thanks
    Mrs Woody
    • #9
    • 29th Nov 17, 7:59 AM
    • #9
    • 29th Nov 17, 7:59 AM
    Also regarding the blue text in the other forum, do I use it on the appeals page or email them directly? info@.....
    • Umkomaas
    • By Umkomaas 29th Nov 17, 10:41 AM
    • 15,864 Posts
    • 24,586 Thanks
    Umkomaas
    Date of Contravention was 02/11/2017
    Date shown on Letter is 21/11/2017
    I'm not sure when I received the letter, possibly 23/11/2017
    I no longer have the envelop
    Originally posted by Mrs Woody
    From the ‘contravention’ date, in order for Smart to pass any liability to the registered keeper, they must have the NtK delivered within 14 days, counting the date of parking as day 0, the following day, day 1.

    So they have failed to provide a compliant NtK and the keeper of the vehicle has no liability for their charge. Any liability can only be that of the driver.

    Providing you do not reveal who the driver was, they’re basically ‘stuffed’. So now you must follow forum advice precisely.

    Send Smart the blue text initial appeal from the NEWBIES FAQ sticky, post #1. Use it as is, but add this additional paragraph to it at the end.
    As you have failed to serve your Notice to Keeper within the 14-day time limit (‘the relevant period’) prescribed by the Protection of Freedoms Act 2012, Schedule 4, paragraph 9(5), the registered keeper has no possible liability for this charge. Any liability rests with the driver - who will not be named. I suggest you cancel this charge forthwith.
    Also regarding the blue text in the other forum, do I use it on the appeals page or email them directly? info@.....
    You follow precisely the method Smart tell you to in the NtK. Here is my standard advice when posters ask this question.

    Make sure that is sent to the PPC by their deadline date, normally 28 days from the date on the NtK, otherwise you can kiss goodbye to POPLA.

    Also, equally important in the submission of the initial appeal, you follow precisely the method by which they require you to send the appeal. If it says by email, don’t send it by post (or vice versa). If it asks for the keeper’s name and full postal address - give it, don’t provide an email address instead, or try to be clever with a M Mouse, Orlando, Florida!

    Be careful of any drop down box if the appeal is via a website appeals portal, that defaults to ‘I am/was the driver’ - make sure that isn’t shown when you press the ‘Send’ 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.
    • Mrs Woody
    • By Mrs Woody 30th Nov 17, 1:41 PM
    • 6 Posts
    • 2 Thanks
    Mrs Woody
    So I've submitted my appeal and have followed the advice given above. I would just like to thank Redx and Umkomaas for your support, I will keep you posted ��
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