Smart Parking PCN for someone else's car

I have read the sticky for this forum and need additional help as my PCN is a case of mistaken identity!

Today I received a PCN from Smart Parking, for a 'contravention' on 24/10/2015 in Asda in Sutton in Ashfield. However, I was nowhere near Sutton in Ashfield on that day, and neither was my car.

Smart Parking's website shows photographic evidence of the contravention. The car in their picture, a silver Audi, has the same registration as my car's with the last 2 letters swapped round. They clearly mistyped the registration when contacting the DVLA and came up with my registered owner details instead of the owner of the Audi.

In addition, the PCN states that the amount outstanding is £70 and that the 'discount period has now expired'. This is the first time I have been contacted regarding this so-called contravention.

Should I proceed with using Smart Parking's online appeals process and point out their mistake? Is there anything I should or should not say when completing their online appeal, beyond pointing out their mistake?
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Replies

  • RedxRedx Forumite
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    just appeal and deny the debt on the grounds that the car in the picture is not the same one they have traced to you, that the cars details differ

    tell them to contact the correct people and not to bother you again or you will deem it as harassment (other than to confirm to you that this pcn has been cancelled)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • GrimbleGrimble Forumite
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    I would wait until after the 56 days are up, doing the fellow driver a favor as they will be too late to chase him.
  • edited 30 November 2015 at 5:48PM
    beamerguybeamerguy Forumite
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    edited 30 November 2015 at 5:48PM
    Redx wrote: »
    just appeal and deny the debt on the grounds that the car in the picture is not the same one they have traced to you, that the cars details differ

    tell them to contact the correct people and not to bother you again or you will deem it as harassment (other than to confirm to you that this pcn has been cancelled)

    Redx is 100% correct. if the car, the audi is not yours, a simple letter of a few lines advising them the same. The onus is back to them to prove otherwise.

    Most certainly warn them of harassment should they contact you again.

    WOW wish everything was that simple with these cowboy's

    Blow these idiots away .. how SMART are Smart parking ??
    So funny, made my day
  • The_Slithy_ToveThe_Slithy_Tove Forumite
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    tim_b_read wrote: »
    Should I proceed with using Smart Parking's online appeals process and point out their mistake? Is there anything I should or should not say when completing their online appeal, beyond pointing out their mistake?
    Yes. Simply state that your car wasn't there, the photos prove they've misread the number, and you therefore expect the ticket to be cancelled. No need to embellish it any further. You cannot possibly be liable.
  • Thanks for the comments. How does this look as a response?

    I am the registered keeper of a vehicle with registration number **** *YZ. My car was not on the premises detailed on the date of the PCN contravention. The photographic evidence provided in your PCN shows a silver Audi A4 with registration number **** *ZY. It appears that Smart Parking has made a data entry mistake when requesting the vehicle registration number from the DVLA, and you have incorrectly issued me with a PCN. I therefore do not acknowledge the debt.

    You may contact me to confirm that the PCN you have issued against me is cancelled. I will view any other attempt to contact me or pursue me for the PCN you have incorrectly issued against me as harrassment.
  • beamerguybeamerguy Forumite
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    Yes. Simply state that your car wasn't there, the photos prove they've misread the number, and you therefore expect the ticket to be cancelled. No need to embellish it any further. You cannot possibly be liable.

    Just a further note, there is no need to tell them what car you drive or the Reg number.

    My grandad many years ago, paid his council tax, got a receipt and then was taken to court. After listening to the council claim, he produced the receipt to the Judge and asked for an explanation as to why he was in court ?
    The council was given a right rollicking especially as they wasted the court time.

    Nothing much changes
  • edited 30 November 2015 at 6:22PM
    The_Slithy_ToveThe_Slithy_Tove Forumite
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    edited 30 November 2015 at 6:22PM
    Looks OK. You could also stir things up a bit by formally complaining to the DVLA about the unawful release of the keeper details. Smart had no justifiable reason to get your details, yet the DVLA provided them without carrying out the checks they must by law (which they think they are above, by waffling about membership of an approved AOS).

    Actually, thinking about it, it is also Smart who have broken the law by making a request for details they had no right to. You could chuck that accusation at them, too, as a (not so) veiled threat that you will take it further if they don't cancel.
  • beamerguybeamerguy Forumite
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    tim_b_read wrote: »
    Thanks for the comments. How does this look as a response?

    I am the registered keeper of a vehicle with registration number **** *YZ. My car was not on the premises detailed on the date of the PCN contravention. The photographic evidence provided in your PCN shows a silver Audi A4 with registration number **** *ZY. It appears that Smart Parking has made a data entry mistake when requesting the vehicle registration number from the DVLA, and you have incorrectly issued me with a PCN. I therefore do not acknowledge the debt.

    You may contact me to confirm that the PCN you have issued against me is cancelled. I will view any other attempt to contact me or pursue me for the PCN you have incorrectly issued against me as harrassment.

    Tim, far too complicated, all you need to say is that it is not my vehicle or reg number and that an error has occured with Smart Parking. You expect to receive a cancellation notice within 7 days.

    You do not have to explain who you are or what your car/reg number is. You received an unsolicited invoice so let them work it out.
    These cowboys cannot be trusted hence they have no legal right to your personal details, do let us know
  • beamerguybeamerguy Forumite
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    Looks OK. You could also stir things up a bit by formally complaining to the DVLA about the unawful release of the keeper details. Smart had no justifiable reason to get your details, yet the DVLA provided them without carrying out the checks they must by law (which they think they are above, by waffling about membership of an approved AOS).

    Actually, thinking about it, it is also Smart who have broken the law by making a request for details they had no right to. You could chuck that accusation at them, too, as a (not so) veiled threat that you will take it further if they don't cancel.

    Yes Slithy Tove is right.

    The problem with the DVLA is that they are anyone's as long as they pay DVLA £2.50 to get the details. A complaint to the DVLA about Smart Parking would be in order
    YOU COULD SAY, A TOTALLY CORRUPT SYSTEM
  • Half_wayHalf_way Forumite
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    Almost certainly complain to the DVLA and any one else, even the BPA ltd deserve a complaint about their members conduct.
    You should also consider a complaint to the Information commissioners office, over a DPA breach, as Smart will have processed your data without just cause.

    Dear ASDA manager Sutton in Ashfeild store.
    Your Agents, Samrt parking recently issued my vehicle with a Parking charge notice accusing the driver of a vehicle of overstaying ( or whatever it is they say happened) , however my Vehicle was not at your store on that date/time and has never visited your store, the so called parking charge notice/speculative invoice issued by your agents has the picture of another vehicle ( an Audi) with a slightly different vehicle registration number to the vehicle that is registered to myself.( state car make no more)
    I am now instructing you to tell your agents (smart parking ) to cease and desist from pestering me over this matter.
    Should you allow them to continue to pursue this matter then I may be charging you for wasting my time as a result of your agents actions ( for whom you, as principal are jointly liable for) at a standard rate of £19 per hour or part thereof.
    I am supplying my full name and address so that you may issue a formal apology over this matter, instruct your agents, Smart parking to cease and desist from pursuing any so called charges, and issue me with re-assurances that this will not happen again.
    Full complaints have already been made to:
    Trading Standards
    The DVLA
    The Information Commissioners office
    ASDA head office
    and to the British Parking Association Limited, the private trade members association to whom Smart parking belong to.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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