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Smart Parking Fine - bit different

I've read the excellent threads including the newbie one about appealing, and am about to write a letter - having just received a Notice to Owner (not keeper) PCN through the post.

I have a few questions on detail:

1. We were parked for 1hr 50 in a car park with a maximum of 2 hrs - but "parked in excess of permitted free period" is the contravention. Should I mention at this stage?
2. The ticket was never attached to the car (the parking attendent was waiting nearby, presumably for the 2 hours to be up) and only managed to take a photo of us as we were about to drive off. Should I mention at this stage?
3.The letter is dated 31/12/2014 for an offence on 29/11/2014 - is there a 14 day rule? Should I mention at this stage?
4. The letter does talk about Smart Parking having a contractual right to seek payment on behalf of the landowner. Should I therefor not mention this normal clause?

Parkign was at Raw Dykes, Leicester.

Thanks for your help.

Comments

  • Half_way
    Half_way Posts: 7,555 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    there is no fine you've committed no offence.
    was this a supermarket?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Umkomaas
    Umkomaas Posts: 43,808 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just send the initial appeal as in the NEWBIES sticky. Add a final paragraph asking for photo evidence that a ticket was attached to the car's windscreen because the driver (note the driver not I) denies there was one attached.

    Smart normally cancel on receipt of the forum appeal, asking for the photo evidence will help tip the balance further in your favour.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

    Private Parking Firms - Killing the High Street
  • hoohoo
    hoohoo Posts: 1,717 Forumite
    You are correct about the 14 day rule. As no notice to driver was served the ntk must be served within 14 days for keeper liability to apply.

    Make sure you do not identify the driver. No 'I', 'us', 'we'. Only 'the driver' 'the occupants', etc

    Keep 4. They may say this, but they have never shown proof.
    Dedicated to driving up standards in parking
  • Thanks for your help.
This discussion has been closed.
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