Smart Parking/TCP Ticket In Co op Car Park - Advice Appreciated

nigelbb

You have another month to wait to see whether you will receive a Notice To Keeper. To comply with POFA 2012 when a Notice To Driver is left on the vehicle an NTK must not arrive earlier than 28 days or later than 56 days after the parking event. Where the event is detected remotely e.g. by CCTV and no NTD is left on the vehicle then the NTK must be received within 14 days. All days are counted from the day after the parking event.

Coupon-mad

woodbine66 wrote: »

>>>>>>>>>>>>>>>>>>>>> UPDATE <<<<<<<<<<<<<<<<<<<


It's now been a month since I got my PCN stuck to the window of my van. I've not heard a dickey bird from TCP/Not-So Smart Parking. Does this mean that they won't be pursuing me, or are they normally slow to chase?

Wondering if being a van made any difference. It's registered in the name of my one-man-band business. Perhaps they see commercial vehicles registered in company names as not worth the aggro?

Nope, you will get a Notice to Keeper and they couldn't have sent it yet, not before 28 days. I would have thought you'd know this by reading a few threads whilst waiting? See here, linked on various threads:

http://www.parkingcowboys.co.uk/keeper-liability/

HTH, I also suggest you read the challenge template on there and other useful pages on that website (and other threads on here whilst waiting).

atilla

woodbine66 wrote: »

>>>>>>>>>>>>>>>>>>>>> UPDATE <<<<<<<<<<<<<<<<<<<


It's now been a month since I got my PCN stuck to the window of my van. I've not heard a dickey bird from TCP/Not-So Smart Parking. Does this mean that they won't be pursuing me, or are they normally slow to chase?

Wondering if being a van made any difference. It's registered in the name of my one-man-band business. Perhaps they see commercial vehicles registered in company names as not worth the aggro?

Strangely, they sometimes do.
depends on name/type of business displayed.

woodbine66

Thanks to everyone for your advice. I had previously missed the info about having to wait between a month and 2 months for the PCN. I'm a bit new to all this.

Thinking that they weren't going to pursue me almost had me slightly disappointed. Will have to look upon thwarting their demands as a bit of sport. They certainly won't be getting a cent out of me.

Can I ask what is the best way to go about the appeals process? A soft appeal to the PCN company, then throw everything at them for the POPLA? Or, a strong first appeal?

Coupon-mad

woodbine66 wrote: »

Thanks to everyone for your advice. I had previously missed the info about having to wait between a month and 2 months for the PCN. I'm a bit new to all this.

Thinking that they weren't going to pursue me almost had me slightly disappointed. Will have to look upon thwarting their demands as a bit of sport. They certainly won't be getting a cent out of me.

Can I ask what is the best way to go about the appeals process? A soft appeal to the PCN company, then throw everything at them for the POPLA? Or, a strong first appeal?

I like the former approach! :T

woodbine66

Thanks to all again for your advice.

I received my PCN last Saturday (1-5-13). How long do I have for my first appeal with the PCN company?

Coupon-mad

woodbine66 wrote: »

Thanks to all again for your advice.

I received my PCN last Saturday (1-5-13). How long do I have for my first appeal with the PCN company?

When the Notice to keeper arrives you will then have 28 days from the date of it.

woodbine66

Thanks Coupon-mad.

Another question - the vehicle is a van, which is registered to my company name, not a person. Do I have to identify the driver's name, ie. my name, when I make the first appeal?

woodbine66

Coupon-mad wrote: »

Not only does it not state 'parking outside of a marked bay' as a contravention but it also is not worded as a contractual agreement with the driver. Not seeing any wording saying 'By parking here the drivers of vehicles contractually agree to pay...'

So they can't be alleging 'contract' (one would assume) so must be an alleged breach of terms/trespass, for which the charge has to be 'a genuine pre-estimate of loss'. All ammo for your future appeal wording because there has been no loss to Asda nor to a random onsite protection racketeer whose only income in a free car park is...any paid fake PCNs. And they certainly do not run at a constant loss, which is the implication!

Yet another question!

Re. your info above, if there is no mention of a contractual agreement, and Smart aren't using contract law, but breach of terms/trespass - does the point about asking Smart to show their interest in the land/car park and agreement to pursue users through the courts still apply?