Advice needed for first appeal

Joeblog1234

Hi guys,

I have recently just received a letter from Smart Parking, accusing me of parking illegally at Isle of Dogs. The PCN attaches two images that in wordings states when the vehicle entered and left the site. These two images does not show where exactly the car is (if actually) parked - the camera is quite a distance from where the driver actually "parked". The time between the entering and exiting the sites is no longer than 17 mins, therefore you can really tell the driver was just loading items from a residential building. The concierge was also informed about parking right outside the building for no longer than 20 minutes, just to get all the stuff to the ground floor and load it into the car - which of course is allowed. Unfortunately, I received this disgusting letter for parking charge. I have read through the forum and got a general idea, but I would really appreciate it if someone can go through my appeal and give some comments ( I didn't really change much from the given template):

Dear Sir/Madam,

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

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

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers. Moreover, the pictures have no evidence as to if the car is actually parked or where exactly it is parked, since the driver received the permission to park outside XXXXX Building.

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.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

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,
My name

I am not sure if my second paragraph went over the top and gave too much information?

Please kindly advise me, much appreciated.

Thanks.!

Browntoa

Have you read the "newbies" thread ?

There are template letter in that , you don't need to add to them

Joeblog1234

Yes I did!, but in this case the driver actually got a verbal consent from the concierge and the fact that the images are no where near where the car is actually "parked", so it is unsured if the template is rather generic for this case.

Redx

edit post #1 and post #3 and remove any hint of who was driving

THE DRIVER was driving on the day

THE KEEPER is the person who has received the postal notices since that day

stick to those 2 definitions

the blue text template should be used "as is" , preferably with no alterations

it is "generic" for a reason, to stop people blabbing

ps:- they have not said that anyone parked "illegally" , no law was broken

they are saying the driver failed a contractual obligation and so they have sent out an invoice to the keeper , no "laws" were broken so nothing was "illegal"

Coupon-mad

Browntoa wrote: »

Have you read the "newbies" thread ?

There are template letter in that , you don't need to add to them

Yes I did!, but in this case...

The NEWBIES thread says at the start, the first 4 lines:

WELCOME!

START YOUR OWN NEW THREAD IF YOU FEEL YOU STILL NEED TO ASK FOR ADVICE, BUT PLEASE NOT:

''I have read the NEWBIES thread but cannot find anything specific to my case...my case is different''.

NO IT ISN'T. AND YOU DO NOT NEED SPECIFICS - FORGET THE DETAIL, THESE CASES ARE ALL THE SAME.

Joeblog1234

Hi,

was just wondering at the appeal page where it asks if there is any supporting documentations, I wonder if it would help if I attach the driver's friend's proof of address - i.e. showing the driver's friend indeed is a resident of the building.

Thanks!

Coupon-mad

No need, because that's not anything Smart will consider.

They will be put off when they see the template appeal from this forum, unaltered.