Smart Parking charge

N9eav

My son just got a PCN from Smart ANPR for entering and leaving a beach car park. The Car park is ANPR controlled and the camera is some distance from the actual parking bays. Tickets are registration entered and he paid for one hour. The ticket shows that the camera caught him 4 minutes over one hour. One assumes the notice is for 4 minutes longer than the hour he paid for as there is no mention of what the PCN is for.
The letter was timely at only 6 days after infringement. No notice was placed on the car. This is an ANPR letter.


He no longer has the parking meter ticket, so only their machine records can show he paid, or the 3 witnesses in his car.


I did write the above on another thread, so was advised to start my own.


Thanks to Coupon Mad for the below advice which is reassuring.


Yes, the BPA CoP provides for two grace periods, one undefined period of minutes to drive in and spend a reasonably short period to drive round and queue for a space and park before approaching any P&D machine. And another grace period after expiry of parking which must be at least ten minutes.

I think it more likely that your Smart one is for a typo in the VRN so if the keeper can show the driver's P&D ticket if they still have it then include that as well. I suspect it's not about a 4 minute overstay at all but I agree with you, private PCNs issued by ANPR do not tell the recipient whether it's 'overstay' or 'we think you didn't pay'.


Excuse my ignorance, but Please can someone direct me to the right template for the first letter of appeal

Herzlos

Standard (blue text?) appeal from the newbies thread.

There's also precedence that driving around a car park doesn't count as parking. Your vehicle was parked for under the 1 hour the ticket was for, but the ANPR system recorded the vehicle being onsite for longer than that. All the signs mention parking and not site time, correct?

Fruitcake

As above, read the NEWBIES thread then send the BPA template in blue around day 22 by post or day 26 online. Cut and paste, no editing.

The_Deep

A judge found this

http://parking-prankster.blogspot.co.uk/2014/03/waiting-for-space-is-not-parking.html

so they would be daft to pursue this. If they do, play their silly game, and cost them money.

N9eav

This one...?


Date


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

I believe that the signs were not seen/are ambiguous and the terms unclear to drivers before they park. Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as I believe the driver may well be eligible for cancellation.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

N9eav

The_Deep wrote: »

A judge found this

http://parking-prankster.blogspot.co.uk/2014/03/waiting-for-space-is-not-parking.html

so they would be daft to pursue this. If they do, play their silly game, and cost them money.

Same car park, but different parking company. Still doing the same thing however

N9eav

Blue template sent using the online service 20 something days after issue.


Yesterday received a letter from SMART cancelling the parking charge.


The notice was originally for Fistral Beach, Newquay, Cornwall, for a 4 minute overstay. I also wrote to the land owners informing them of the notice, but did not receive a reply.


Thanks again everyone for the advice

Fruitcake

Well done for getting it cancelled, and thanks for letting us know. Not everyone remembers to come back and tell us the outcome.

Coupon-mad

N9eav wrote: »

Blue template sent using the online service 20 something days after issue.


Yesterday received a letter from SMART cancelling the parking charge.


The notice was originally for Fistral Beach, Newquay, Cornwall, for a 4 minute overstay. I also wrote to the land owners informing them of the notice, but did not receive a reply.


Thanks again everyone for the advice

Smart Parking really DO NOT LIKE the forum template appeal, which is amusing. Thanks for confirming the usual cancellation!

N9eav

Maybe they are just Smart?


They try their luck with a computer generated invoice and if people pay they are £60-£100 up (minus fees and postage).


If they get the template reply they know the person will fight them and so they review the case and decide whether to carry on.


Its a legalised scam really... How many people just pay to make it all go away?