Pcn from smart parking asda

Parklife

Got a pcn from not so smart parking Monday
Was in asdas car park about a month ago
Hold my hands up The car was on double yellow lines with about 10 other cars
The lines are stupid anyway cause no obstruction what so ever
Any way was in the shop for no more that 2 minutes came back out tills to busy
As i was getting back in the car looked like somebody was taking my reg down didn't think any more of it and drove off
Now the letter clearly states the pcn was fixed to the car , now this is a total lie and b******t as he didn't have time to write the pcn and I would of seen the thing on the windscreen

The letter states

Notice to owner do not ignore

If the pcn was fixed to the vehicle as they say should they have taken a photo of this on the windscreen
At this stage they are demanding £70

Having read through the forum is the advice to ignore ?.?

Thanks in advance

Umkomaas

Double yellow lines have no legal significance on private land.

Why not ask them for photographic evidence of Notice to Driver attached to your windscreen?

Parklife

Umkomaas wrote: »

Double yellow lines have no legal significance on private land.

Why not ask them for photographic evidence of Notice to Driver attached to your windscreen?

Thanks umkomaas
I know and you know there is no photographic evidence
Would you write or phone ?
These people are bad enough but why do the likes of asda put up with these companies lying about what actually happens are they on a percentage or something ??
How many hundreds of people have had these letters stating the pcn was fixed to the vehicle when it wasn't ??

What course of action would you take ?

Half_way

Who was writing the info down in the cvar park? shop staff? parking company employee ( probably in a TCP high vis jacket )
There seems to be some misconception along the lines of thewy need to attach the ticket to your car for it to be valid, in the case of Private parking tickets there not valid in the first place so to avoid confrontation its better to let the put their rubbish on your vehicle, scan it, post it on here ( removing any details such as reg number/time etc) so that it can be picked apart - then wait for the love letter to come in the post.

These people are bad enough but why do the likes of asda put up with these companies lying about what actually happens are they on a percentage or something ??

if the UKPC contract with the hospital is anything to go by then its highly likely that they are on a kickback, also higher management are taken in by the PPC bulshit machine, and having worked alongside some PPC employees in car parks - trying to show then how to do real car park management in a busy event car park, the bulshit they beleive is un beleivable ( sort of)

Coupon-mad

Parklife wrote: »

Having read through the forum is the advice to ignore ?.?

Thanks in advance

No, it really is NOT unless this was in Scotland/NI. Read current threads not old ones:

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

Parklife wrote: »

Thanks umkomaas
I know and you know there is no photographic evidence
Would you write or phone ?
These people are bad enough but why do the likes of asda put up with these companies lying about what actually happens are they on a percentage or something ??
How many hundreds of people have had these letters stating the pcn was fixed to the vehicle when it wasn't ??

What course of action would you take ?

Obviously you DON'T phone up a scammer!

And current threads repeat what to do every hour, every da, every week on here...appeal/POPLA of course. Happy reading of threads.




HTH

Parklife

Umkomaas wrote: »

Double yellow lines have no legal significance on private land.

Why not ask them for photographic evidence of Notice to Driver attached to your windscreen?

Could I just ignore the letters
As they are apparently not even compliant
my letter is exactly the same as the person that got one from smart parking at matalans on another thread

hoohoo

First, please remove anything in your post which implies who the driver was!

If they did not attach anything to the windscreen, then they have 14 days to send a Notice to Keeper. As they did not do this in time, then they cannot claim keeper liability using the new POFA 2012 legislation. They can still issue a charge to the driver though, which is why my instruction to you is very important.

You should now do three things.

Firstly, write and appeal, stating that you wish to appeal against the charge as the NtK was not served within 14 days and so POFA 2012 no longer applies. State you will not enter further correspondence or answer further questions and you require the invoice to be cancelled or a POPLA code issued.

Second, the DVLA is very interested in cases where the PPC tries to pretend that keeper liability exists when it does not. See my earlier post here,
https://forums.moneysavingexpert.com/discussion/4637451
and write to complain to Mike Butler at the DVLA, giving him the full details (obviously do not mention any reference to who the driver was). Deliberate actions such as a parking warden not putting a ticket on the windscreen then pretending they did is a serious matter which can get them banned from DVLA access. You may even see your friendly parking warden at the job centre as a result of his actions.

Thirdly, get photos of the signs at the car park. Smart parking are currently changing the signs, but the current ones are not compliant so get photos while you still can, especially of ones where the black felt tip means you can still read the word 'ltd' in the name town and city ltd.

Parklife

Thanks hoohoo
Still confused by all the terms
My letter says notice to owner
not keeper
Does this mean they are not pofa compliant and cant take the case all the way ???
Have smart parking ever taken anyone to court ??

Coupon-mad

No they haven't gone to Court yet but were only bought out by a large Aussie firm last year so who knows what they are planning to try? Of course they could 'try' to go all the way to Court just as any firm ever could. I could take you to Court, you could take me to Court - it's a free Country and the small claims track is for 'alleged debt'. Doesn't mean the case would be heard or won though...

Yes the notice is non-compliant - as most are non-compliant across the whole useless PPC industry - so use that to your advantage. Why do you want to hide? Why would you ignore it and worry about debt collector letters for a year or more, when just TWO free appeal stages (by email or letter) cancels it and cancels your worries?

Parklife

Got the notice to owner letter
When can I expect the notice to keeper letter ??
And is this the letter that I appeal to ??

Coupon-mad

Parklife wrote: »

Got the notice to owner letter
When can I expect the notice to keeper letter ??
And is this the letter that I appeal to ??

That is the letter to appeal to, sounds like it's non-compliant then if it's called a 'Notice to Owner' (impersonation of Authority and not in line with the 'Notice to Keeper' as defined by the Protection of Freedoms Act 2012). Compare that letter to this checklist and let us know what breaches you spot in wording or timeline:

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

Then read any threads about POPLA appeals, there are loads of examples on here of how to word a POPLA appeal to win. Or look on pepipoo where there are loads more examples to crib from:

http://forums.pepipoo.com/index.php?showforum=60

HTH. Do show us what you come up with - but only after reading POPLA thread examples to set you in the right direction as far as wording is concerned.