Not sure reason for PCN from Smart Parking

fviajero

Thanks a lot, Redx and The Deep. So I will add to the "blue template" the following:

The BPA CoP clause #13 adds 2 time periods as grace periods onto any parking time, which is OVER 10 minutes to depart AND a period to park up, read the signs, pay for a ticket and place it on the car - therefore it is not correct your alleged statement that "by remaining at the car park for longer than permitted [...] the Parking Charge is now payable [...]"

Furthermore, it has been shown in Altrincham County Court (Case 3JD08399, where the driver drove for 31 minutes around the exact same carpark, Fistral Beach) that driving around a carpark does not mean that a car is parked, and as such, an attempt levy a parking charge would not be correct. Please provide evidence that the vehicle in question was parked for the periods claimed.

Is all good?

Regards,

Coupon-mad

Add in the link to the minutes of the Professional Development & Standards Board meeting from 30th July 2015 where it was formally agreed by the Board (of BPA members and stakeholders) that the minimum grace period would be changed in 13.4 of the BPA Code of Practice to read 'a minimum of eleven minutes':

https://forums.moneysavingexpert.com/discussion/5637808

Add that in too. Remove some of the template stuff about signage from the blue writing version in the NEWBIES thread and/or the stuff about 'if you should obtain my data from the DVLA' if you need to make it short enough to fit in an appeal box online. More important is the grace periods and 'no keeper liability' in a Smart Parking scam few minutes ''overstay'' case like this.

fviajero

Hi, SmartParking has cancelled my parking ticket after first appeal to them.

I appealed 5 weeks ago, and I was afraid of having missed their feedback, but now I entered their web page, as if I was going to appeal again (to see how far I could reach), and I found:

The Parking Charge Notice (PCN) has been cancelled. No appeal is necessary. If you would like to contact the Parking Office regarding this Parking Charge Notice please call the office on 0845 230 3081 and select option 4.

As there is no POPLA decisions, I won´t include this information in the threat with that name. Still, someone can find it interesting to see my succesful appeal to SmartParking, so find it below.

Thanks all, specially Coupon-mad, Redx, The Deep, Fruitcake and Ivor Pecheque. :beer:

Best regards.

Dear Sirs

Re: PCN No. TC444xxxxx

I challenge this 'PCN' as keeper of the car.

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.

The BPA CoP clause #13 adds two time periods as grace periods onto any parking time, which is OVER 10 minutes to depart AND a period to park up, read the signs, pay for a ticket and place it on the car - therefore it is not correct your alleged statement that "by remaining at the car park for longer than permitted [...] the Parking Charge is now payable [...]".

It must also be taken into account the minutes of the Professional Development & Standards Board meeting from 30th July 2015, where it was formally agreed by the Board (of BPA members and stakeholders) that the minimum grace period would be changed in 13.4 of the BPA Code of Practice to read 'a minimum of eleven minutes' (http://www.britishparking.co.uk/write/Documents/Meeting%20Notes/Governance/20150730_PDandS_Board_Action_Notes.pdf)

Furthermore, it has been shown in Altrincham County Court (Case 3JD08399, where the driver drove for 31 minutes around the exact same carpark, Fistral Beach) that driving around a carpark does not mean that a car is parked, and as such, an attempt levy a parking charge would not be correct. Busy traffic within the parking site the day of the alleged "contravention" (sunny day during Easter Holidays) forces drivers to spend longer time to park and pay for a ticket. Please provide evidence that the vehicle in question was parked for the periods claimed.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

The keeper of the car, Mr. X

Find attach copies of the tickets paid by the driver.

Umkomaas

Nice appeal, excellent result - well done. I've bookmarked your appeal to refer others to who have a potential grace period issue.

Redx

well done , although not unexpected because as was amply pointed out the GRACE PERIODS of clause #13 tied them up in knots

clearly they saw your initial appeal and knew what a popla appeal would look like, with more points besides grace periods

they have cancelled it and are looking for far more easier prey to hook

Ian011

fviajero wrote: »

The Parking Charge Notice (PCN) has been cancelled. No appeal is necessary. If you would like to contact the Parking Office regarding this Parking Charge Notice please call the office on 0845 230 3081 and select option 4.

Usage of a premium rate 0845 number for this purpose is a breach of Regulation 41 of the Consumer Contracts Regulations 2013 since 13 June 2014.

Failure to state the call costs immediately adjacent to the premium rate 0845 number is a breach of the Ofcom regulations in place since 1 July 2015.

Coupon-mad

fviajero wrote: »

Hi, SmartParking has cancelled my parking ticket after first appeal to them.

I appealed 5 weeks ago, and I was afraid of having missed their feedback, but now I entered their web page, as if I was going to appeal again (to see how far I could reach), and I found:

The Parking Charge Notice (PCN) has been cancelled. No appeal is necessary. If you would like to contact the Parking Office regarding this Parking Charge Notice please call the office on 0845 230 3081 and select option 4.

As there is no POPLA decisions, I won´t include this information in the threat with that name. Still, someone can find it interesting to see my succesful appeal to SmartParking, so find it below.

Thanks all, specially Coupon-mad, Redx, The Deep, Fruitcake and Ivor Pecheque. :beer:

Best regards.

Dear Sirs

Re: PCN No. TC444xxxxx

I challenge this 'PCN' as keeper of the car.

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.

The BPA CoP clause #13 adds two time periods as grace periods onto any parking time, which is OVER 10 minutes to depart AND a period to park up, read the signs, pay for a ticket and place it on the car - therefore it is not correct your alleged statement that "by remaining at the car park for longer than permitted [...] the Parking Charge is now payable [...]".

It must also be taken into account the minutes of the Professional Development & Standards Board meeting from 30th July 2015, where it was formally agreed by the Board (of BPA members and stakeholders) that the minimum grace period would be changed in 13.4 of the BPA Code of Practice to read 'a minimum of eleven minutes' (http://www.britishparking.co.uk/write/Documents/Meeting%20Notes/Governance/20150730_PDandS_Board_Action_Notes.pdf)

Furthermore, it has been shown in Altrincham County Court (Case 3JD08399, where the driver drove for 31 minutes around the exact same carpark, Fistral Beach) that driving around a carpark does not mean that a car is parked, and as such, an attempt levy a parking charge would not be correct. Busy traffic within the parking site the day of the alleged "contravention" (sunny day during Easter Holidays) forces drivers to spend longer time to park and pay for a ticket. Please provide evidence that the vehicle in question was parked for the periods claimed.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

The keeper of the car, Mr. X

Find attach copies of the tickets paid by the driver.

Well done - a great first appeal based on grace periods at Fistral beach car park.

:T

bebrave_2

Hi All,
I have got a fixed penalty charge from Smart Parking. They have shown me 2 pictures as proof of me entering the car park and exiting within a time span of about 1hr 45mins. I am not disputing the time. The maximum allowed is 2 hrs. I have appealed this as I can't figure out why I have got it and what other proof they have. It is one of them machines where you enter your reg details. Surely they should have sent a printout of their machine showing that I hadn't paid or a picture of the ticket on my windscreen showing that I had exceeded the time. I can't imagine that I would deliberately park without getting myself a ticket. Proof of me entering and exiting the car park is no proof that I didn't pay the fees as I stayed a max of 1hr 45 mins.

Quentin

You must start your own thread to get advice. But first read up in the newbies FAQ thread near the top of the forum before starting a new thread as you are politely asked to do