Private PCN for B&M Doncaster, Friars Gate

donfruitella

Hi all, I found my way here and hope you can all help.

I got a Private PCN from Smart Parking at Doncaster B&M (Friars Gate). The driver overstayed the 1hr 30 by about 12 minutes.

The driver can remember the incident (dated 10/01/18 - over a month prior to being sent the notice). They got back to the car and then took a phonecall where they were sat for a while. Phonecall was from insurance company as they were injured in a car accident 2 days prior to this (don't know if they can use this to help them in any way, they are proceeding with an injury claim at the moment and have had physiotherapy and medical treatment - which is also ongoing).

So yeah, I (the registered keeper) now have a £90 fine, £50 if I pay in 14 days. I came here straight away, I've read the NEWBIES thread about BPA complaints, and POPLA, and copying the standard messages etc into their complaints procedure. I'm just not exactly sure what to do despite all of this.

The driver can go back to Doncaster to complain in the next week, but I've heard (through this forum) that complaints there fall on deaf ears.

Would someone be kind enough to be able to help walk me through the best course of action? I'd very much appreciate it.

Thanks!!!

The_Deep

It is a scam, pay them nothing. Have you seem this

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

You will notice that this particular scammer was named snd shamed.

Write complaining to your MP rthat is PPC is failing to allow you the grace periods which are required of them.

donfruitella

Great thanks, I’ll do that and watch the video.

Should I appeal the fine though? Or just ignore it completely?

bluetoffee1878

Do Not Ignore!!

Send or email (whatever the NTK says to do) the standard template from the newbies thread.

Aim is to get yourself a POPLA code if the don't fold at the first appeal

You also need to edit your post to not reveal who was driving.......e.g. 'the driver parked......the driver took a phone call'

donfruitella

Brilliant, ok I'll do this now. I've edited the post but can people see the post history (ie the post before it was edited?)

Cheers

bluetoffee1878

While you wait for your appeal to be thoroughly investigated by (not so) Smart, and the issuing of your POPLA code, do two things:

1) If you are or were a genuine customer of the shop and especially if you have receipts, go and play merry hell with the manager very loudly and publicly and insist he gets it cancelled.

2) Start reading the POPLA decisions thread for when / if you get your POPLA code. If the NTK was served a month after the incident, that's a sure fire win assuming it wasn't a windscreen ticket. (Research why)

donfruitella

Hey thanks for your reply. The driver was just visiting Doncaster and may well be visiting again next week. And yes, the PCN was delivered by post to me (the keeper), dated one month and two days after the incident.

Will research these things, and thank you all for being so helpful!!!

Coupon-mad

Smart Parking are 100% beatable (you can't lose) at POPLA if you appeal as keeper using the templates in the NEWBIES thread. You couldn't ask for an easier one as your first win!

donfruitella

Great, thanks for the reply. Used the standard one (in blue font) which says no assumptions can be drawn, just awaiting their response now.

Thanks again

Redx

you the KEEPER are not liable for this invoice because they failed POFA2012 in various ways including the delay in getting the notice to the keeper

so as they failed POFA2012 , the KEEPER is not liable for the charge, they may well want to know who was driving but keep that to yourself , you are under no obligation to help them charge the keeper for the drivers actions

they can only enforce against the driver UNLESS they adhere to POFA2012, which they failed to do (and tend to fail consistently too)

so the driver can remain anonymous , and the keeper uses the usual arguments if they issue a POPLA code, to get POPLA to cancel the pcn - job done

as mentioned earlier, its is an easy win for a KEEPER, but that KEEPER still has to go through the motions in a timely manner

follow the advice in this thread and the NEWBIES FAQ and you cannot fail

donfruitella

Hi all

Been almost 3 weeks since the appeal was send and there's been no response, is this normal?

Cheers