Smart Parking PCN for a Gym?

Mrs_Woody

Hi,

We recently received a PCN for a car park in an area we used to live, it was always free to use for a certain amount of time. However, since moving a Gym has been opened and smart parking now “manage” this land and only members can use the car park. We were obviously was unaware of this. My son was in the car, he was sick.... everywhere. Unaware of any changes went into some nearby shops and got some bits to clear up the vomit as best as could before heading home. Is it worth appealing? Or if it’s for Gym Members only and clearly not a member just pay it? Don’t know what to do for the best, have read in so many places to ignore it and it’ll go away but have also heard horror stories of the amount increasing or even court action! Please help!

Redx

you would be very , very foolish to ignore it

IGNORE has not been an option for 5 years now , not since the POFA2012 law came into force

read the NEWBIES FAQ sticky thread and appeal it , as KEEPER, using the blue text appeal template "as is" , NO ALTERATIONS and NO ADDITIONS

do not reveal who was driving

edit your last post to remove any hint of who was driving

THE DRIVER was driving on the day in question

THE KEEPER has received the postal paperwork

keep it that way

Redx

it is a confusing topic, so I would not expect you to understand it all as a newbie

its a legal matter about contracts , and is very complicated and convoluted

for now, just appeal , preferably online , as keeper and copy and paste the blue text

this is simple to do, easy , quick , no knowledge required

what is the alleged "offence" ??

an overstay ? if so , how long was the vehicle on site ?

or lack of payment ? , how long was the vehicle on site ?

Mrs_Woody

The car was parked for a total of 11minutes.
The letter states the company 'has the right to seek payment of the parking charge for the unauthorised parking of the vehicle on the land on the relevant date as owner of the land, on the basis of a contractual right to occupy or to have possession of the land, or acting as agent of the landowner'

Redx

there is a grace period in the BPA CoP, unspecified , but generally thought to be around 5 to 10 minutes

so at a stretch the vehicle was on the land for the grace period only , this will eventually be a part of the appeal

for now , just submit the blue text template and see what happens

either they will cancel,, or issue a popla code, then appeal to popla using legal arguments

in future , do not park on private land because these companies have sprung up everywhere

when doing so , check the signage carefully and never linger without suitable payment etc

if in doubt , dont enter , dont park, dont leave the site with the vehicle stopped or parked

Mrs_Woody

Thank you! You are very helpful, the world needs more people like you 🤓

Umkomaas

In readiness for your POPLA appeal:

We recently received a PCN for a car park in an area we used to live,

1. Date of parking ‘contravention’?
2. Date of issue of the Notice to Keeper (Parking Charge Notice via post to you from Smart Parking) - the date shown on the letter?
3. Date of receipt of the NtK by you?
4. Is there a date stamp on the envelope that contained the letter? If so, what is it?

Mrs_Woody

Date of Contravention was 02/11/2017
Date shown on Letter is 21/11/2017
I'm not sure when I received the letter, possibly 23/11/2017
I no longer have the envelop

Mrs_Woody

Also regarding the blue text in the other forum, do I use it on the appeals page or email them directly? info@.....

Umkomaas

Mrs_Woody wrote: »

Date of Contravention was 02/11/2017
Date shown on Letter is 21/11/2017
I'm not sure when I received the letter, possibly 23/11/2017
I no longer have the envelop

From the ‘contravention’ date, in order for Smart to pass any liability to the registered keeper, they must have the NtK delivered within 14 days, counting the date of parking as day 0, the following day, day 1.

So they have failed to provide a compliant NtK and the keeper of the vehicle has no liability for their charge. Any liability can only be that of the driver.

Providing you do not reveal who the driver was, they’re basically ‘stuffed’. So now you must follow forum advice precisely.

Send Smart the blue text initial appeal from the NEWBIES FAQ sticky, post #1. Use it as is, but add this additional paragraph to it at the end.

As you have failed to serve your Notice to Keeper within the 14-day time limit (‘the relevant period’) prescribed by the Protection of Freedoms Act 2012, Schedule 4, paragraph 9(5), the registered keeper has no possible liability for this charge. Any liability rests with the driver - who will not be named. I suggest you cancel this charge forthwith.

Also regarding the blue text in the other forum, do I use it on the appeals page or email them directly? info@.....

You follow precisely the method Smart tell you to in the NtK. Here is my standard advice when posters ask this question.

Make sure that is sent to the PPC by their deadline date, normally 28 days from the date on the NtK, otherwise you can kiss goodbye to POPLA.

Also, equally important in the submission of the initial appeal, you follow precisely the method by which they require you to send the appeal. If it says by email, don’t send it by post (or vice versa). If it asks for the keeper’s name and full postal address - give it, don’t provide an email address instead, or try to be clever with a M Mouse, Orlando, Florida!

Be careful of any drop down box if the appeal is via a website appeals portal, that defaults to ‘I am/was the driver’ - make sure that isn’t shown when you press the ‘Send’ button.

Mrs_Woody

So I've submitted my appeal and have followed the advice given above. I would just like to thank Redx and Umkomaas for your support, I will keep you posted ��