SMART PARKING notice to keeper lying about PCN, Erdington

meshosa

I have read the thread and still need some answeres please.

As the registered keeper I received a letter dated 2/1/17 for contravention on 25/11/2016. Stating obstructive parking at Erdington central square shopping centre. I thought this was a road and should expect any parking ticket to come from the council rather than a private firm.

Any way, NTK states that PCN was issued and fixed to vehicle. THIS DIDN'T HAPPEN!!

The NTK came with no proof of pictures of the car or of the PCN being attached to my car or duration of offence as only one time recorded.

The appeal templates aimed at getting the POPLA code, but in my case I have a geniune reason to appeal. They are just lying. How should I write the appeal letter and should I still request the information about land owner?

pappa_golf

check will local counsil who owns the road , first

pogofish

meshosa wrote: »

The appeal templates aimed at getting the POPLA code, but in my case I have a geniune reason to appeal. They are just lying. How should I write the appeal letter and should I still request the information about land owner?

Facts mean next to nothing to PPCs and appeals based on them near-inevitably fail. So stick to the templates and follow the POPLA procedure.

If you want to complain to anyone based on fact, a strong complaint to the shop/landowner is in order - but still be careful not to disclose the driver lest they pass it-on to the PPC.

Coupon-mad

meshosa wrote: »

The appeal templates aimed at getting the POPLA code, but in my case I have a geniune reason to appeal. They are just lying. How should I write the appeal letter.

Write about that by adding a CAREFULLY-WORDED line to the template letter in the NEWBIES thread by all means.

And ask for photos of the PCN on the windscreen, but do NOT imply who was driving or say 'I didn't see any PCN, it didn't happen!', don't throw away the slam-dunk winning POPLA appeal point of 'no keeper liability'!

meshosa

Another update, PLEASE HELP:
I submitted online appeal on 30/1/17 (original letter was dated 2/1/17) but just received a letter demanding payment of £160. The initial letter was for £100 that would increase by £10 if not paid by 1/2/17. But they decided to increase the charge by £60. Where do I satnd if I don't get a response about my appeal? Do I need to call them to enquire, or just wait. And how to challange this unfair ticket, they never provided picture as evidence because they are lying.

Coupon-mad

Never, ever, phone a parking company. Ever.

Simply email a complaint about this letter demanding £160 and the fact you have not been given a POPLA code and point out to Smart that you have copied in the BPA as a formal complaint for this breach of the Code of Practice, in not stopping work on a case during appeal stage.

Email Smart and:

aos@britishparking.co.uk

HTH

positiveR

this sounds very much like where I am at...https://forums.moneysavingexpert.com/discussion/5599728
They now are saying I have to name the keeper within a week. The common consensus seems to be to ignore this and wait for a POPLA code?

Coupon-mad

Not the same at all, in fact.

A letter asking for the driver to be named can be ignored and is just a stalling tactic, after which a BPA parking firm will issue a rejection letter anyway (we know, we've seen this time and again). No action needed.

But in this OP's case, this poster has a letter demanding £160 which is not right and suggests Smart are trying to pretend no appeal was ever received. That needs exposing and complaining about to force a POPLA code, or it will not come.

meshosa

PANIC PANIC !!!
just found this email in my inbox

As per the British Parking Association code of practice (paragraph 22.7), all appeals must be submitted to us within 28 days of the initial Parking Charge Notice (PCN) being issued. Due to the length of time your PCN has been open, we have now referred this to a debt recovery company (Debt Recovery Plus) who are handling the matter on our behalf.

Can they do that!! no POPLA code, notice to keeper came more that 28 days after the incident. This is surely not right!

Please help

Coupon-mad

Get a grip, this is Smart Parking! You appealed on day 28 after the PCN did you not? Maybe it wasn't the PCN, maybe it was a follow up...so what...it is only Smart. Who cares if you get no POPLA code, this is Smart.

Just search the forum board for that word 'Smart'. LOL.

Complain to the retailer instead.

Just thinking though, you DID appeal within 28 days of the NTK/NTO didn't you? It was a windscreen PCN followed by a NTO/NTK. So complain to the BPA, obviously not saying who parked or anything about the windscreen PCN.

Show them the NTO/NTK and your appeal and the email you have now got (attach them to the complaint email) and ask why Smart has breached the CoP, seeing as you did appeal within 28 days of the NTO/NTK.

meshosa

Smart parking claimed there was a PCN fixed to the car which I am disputing as the regsitered keeper. They never provided any photo evidence. Notice to keeper came dated 38 days after the incident. I appealed with 28 days of the letter date not from the time I got it as I was away on holiday so don't know when it came through my letter box.
How to dispute this debt collection business now??