SUCCESS - SmartParking Appeal 1/2

SilverTeddy11

HURRAHHHH One of my two PCN's I was issued by SmartParking has been cancelled after a successful initial appeal! HURRRRAAAHH. £100/£200 Cancelled.
£100 remaining.
9 Days till I hear back from the second PCN Appeal *fingers crossed*.

My original appeal below:

18/07/2015
Dear Sir/Madam,
I, as the registered keeper of the vehicle registration number XXXXXXX am appealing against Parking Charge Notice XXXXXXXX from Smart Parking. The letter (dated 14/07/15, received 17/07/15) states that a fine was issued on 06/07/15 during the time the car registered XXXXXX was parked at Flower's Way car park, Luton for alleged breach of advertised terms and conditions.
The driver of the car purchased and displayed a ticket for 2 hours on the dashboard and returned within 2 hours. The registration number on the ticket was misprinted, as XXXXXXX instead of XXXXXX. The letter states that the ticket was issued at 13:06 and expired at 15:06. Although the driver returned to the car within this period; additional time was required to get the car ready and moving. The photographs in the letter show that the car was 'parked' there till 15:17. This is a mere 11 minutes after my parking ticket had expired, and during which time the driver was likely preparing the car to drive off.
I believe that the size of charge (£100) is disproportionate to the breach (of 11 minutes) and the excessive charge does not represent the actual loss (especially considering that the car park was nowhere near full capacity). Furthermore, no damage was caused during the stay, therefore the levied charge is punitive making it unlawful and unreasonable (breaching British Parking Association, BPA Code of Practice section 19.6 and therefore unenforceable).
The BPA has not approved its AOS Smart Parking to claim debt recovery according to BPA Code of Practice for Parking on Private Land 2012 - Version 5, October 2014.
I challenge this 'PCN' as keeper of the car, on these main grounds:
a). The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term.
b) The sum is extravagant and unconscionable and cannot be justified.
d). Your 'Notice' fails to comply with the POFA so there can be no keeper liability.
e). I believe that the signs were not seen/are ambiguous (obstruction blocking view) and the predominant purpose is to deter so there is no contract to pay this charge, which is a penalty.
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 or cancel the charge.
Please find attached said parking ticket that the driver had purchased during their stay at the car park. I hope that you consider my appeal and an appropriate conclusion is made; and do not hesitate to contact me for further information. If you choose to reject my appeal, I request that I am offered the POPLA code (the only independent ADR with a scrutiny panel and trained assessors).I have kept proof of submission of this appeal and look forward to your reply.
Yours Faithfully,
Name
ADDRESSS

Fruitcake

You were lucky because you admitted you were driving! :eek:


You said, "This is a mere 11 minutes after my parking ticket had expired."


I hope you didn't use the same words on your second appeal. Make sure you never ever give the scammers a clue about who was driving.


You also referred to the PCN as a fine which it is not.


Well done for getting it cancelled though.

The_Deep

Although the driver returned to the car within this period; additional time was required to get the car ready and moving.

Cheeky! What pre drive checks do you perform before driving off? Oil, water, brake fluid, tyre pressures, clean screens...

SilverTeddy11

The_Deep wrote: »

Although the driver returned to the car within this period; additional time was required to get the car ready and moving.

Cheeky! What pre drive checks do you perform before driving off? Oil, water, brake fluid, tyre pressures, clean screens...

Haha :'D That wasn't even a lie. I'm a brand new driver, so I get really nervous and sit in the car fiddling for a while before moving off, and my boyfriend kept distracting me. (Didn't even know my car's registration number off by heart - hence typing it in wrong). :rotfl:
I wonder if they'd let someone off if their car broke down in one of those parking lots.

Fruitcake wrote: »

You were lucky because you admitted you were driving! :eek:
You said, "This is a mere 11 minutes after my parking ticket had expired."
I hope you didn't use the same words on your second appeal. Make sure you never ever give the scammers a clue about who was driving.
You also referred to the PCN as a fine which it is not.
Well done for getting it cancelled though.

Yeah I know, I only noticed that after I submitted and ended up kicking myself thinking I've messed up. I think it was pure luck!!

Noo I copied and pasted the one from the NEWBIE forum exactly as it is for the second PCN. >.<
Thank youu!! :T