Smart parking

Mk6will

Hello all

I received a ticket on my windscreen Monday from smart parking then another one on Wednesday I've had a look through and noticed ignore is not the thing to do but to appeal them with the letter bellow but do I appeal now online or wait until I receive something through the post? And does it matter that I have 2 ?

Thanks

Will

Dear...

Pcn number...

As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

(c) If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Yours

Redx

you should wait for the NTK through the post and appeal as RK

treat them separately, even if the appeals are identical

dont be impatient like this person https://forums.moneysavingexpert.com/discussion/4927552

da_rule

As Redx said, if these were both windscreen tickets then wait for the notice through the post. You're showing your hand too early. The appeal itself looks good. Just remember to submit them separately for each different PCN.

da_rule

Oh, and a couple of quick formalities,

1) Was this in England or Wales?
2) You refer to yourself as the registered keeper so I assume you are? (I.e. Not a company/hire vehicle etc)

Mk6will

da_rule wrote: »

Oh, and a couple of quick formalities,

1) Was this in England or Wales?
2) You refer to yourself as the registered keeper so I assume you are? (I.e. Not a company/hire vehicle etc)

Yes was in England and I'm the registered keeper thanks for the quick reply and help!

Mk6will

Redx wrote: »

you should wait for the NTK through the post and appeal as RK

treat them separately, even if the appeals are identical

Ok great thanks I've also read that I should expect them to refuse the appeal should I then just post again what they say?

da_rule

If they reject then the next step is an appeal to POPLA. In the newbie sticky thread there are templates for this appeal. When your first appeal is rejected have a go at the templates and post what you've done on here (like you did in your first post).

Coupon-mad

Mk6will wrote: »

Ok great thanks I've also read that I should expect them to refuse the appeal should I then just post again what they say?

No, as da_rule says, you use a template POPLA appeal - but personally if you send the points 1, 2 and 3 online to Smart parking in a short appeal submission (no need for the whole thing for Smart, and certainly no need to waste any paper or stamps!) then IMHO they WILL FOLD.

Smart cancel within 10 days when they see the words no GPEOL etc. You won't even need POPLA, I reckon, this is ONLY Smart and if you read other Smart threads you'd see what I mean. We won't need to help you again and I think your next post in April will be to confirm that they've cancelled once they see your appeals to their badly non-compliant postal Notices.

Mk6will

Coupon-mad wrote: »

No, as da_rule says, you use a template POPLA appeal - but personally if you send the points 1, 2 and 3 online to Smart parking in a short appeal submission (no need for the whole thing for Smart, and certainly no need to waste any paper or stamps!) then IMHO they WILL FOLD.

Smart cancel within 10 days when they see the words no GPEOL etc. You won't even need POPLA, I reckon, this is ONLY Smart and if you read other Smart threads you'd see what I mean. We won't need to help you again and I think your next post in April will be to confirm that they've cancelled once they see your appeals to their badly non-compliant postal Notices.

Hello coupon mad

I have only just seen this I recieved my first letter from smart parking today just saying that i hadnt payed the ticket and asking for either payment or appeal so do you think if i just appeal online and say:

Pcn number...

As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

do you think that will be enough? thanks for the reply!

Coupon-mad

Yes I suspect Smart will cancel - they always do. I would add a point #4 'You do not use POFA 2012 compliant Notice to Keeper letters so, as I am the registered keeper, you have no case.'