Yet Another Smart Parking PCN

Lyhtem

Hi straight away I`m Sorry for creating New thread, although as non native english speaker it was bit confusing to get all the information from sticky threads

My Fine was issued at Corby CO-OP car park where by reasons not caused by us we overstayed for 17 minutes, that was on 20,01,2018 and we received PCN today; 26,2,2018

parking is supposedly owned by co op although the store was closed last November and now parking is managed by Smart(dumb) Parking

Letter has issue date of 22,2,2018 and is addressed to car owner by name

Best Regards
Krzyszof

Redx

appeal as KEEPER (do not reveal who was driving) and use the template letter in post #1 of the NEWBIES sticky thread

if they fail to cancel, you need to appeal to POPLA later using the code they provide in the rejection

Lyhtem

ok so not having any receipts or any other proof I`m still ok to appeal, if it was earlier then id still have them,

and in case it goes to POPLA do i need anything in particular to show them or prove anything?

Redx

appeal anyway , as keeper , regardless

if you get a popla code, draft a popla appeal based on the info in post #3 of that NEWBIES FAQ thread, using the legal defence points

not so SMART have to prove their case, the apellant doesnt have to prove anything , but if you can win on a single legal argument, popla will find in your favour

GRACE PERIODS
NO LANDONWER CONTRACT
POOR AND INADEQUATE SIGNAGE
any POFA2012 failures
any BPA CoP failures
NOT THE SAME AS beavis

AND ANY OTHER POINTS WILL BE IN YOUR POPLA APPEAL

Lyhtem

ok thats all clear, one last Question, what If somehow i fail at both appeal and popla?

KeithP

Lyhtem wrote: »

ok thats all clear, one last Question, what If somehow i fail at both appeal and popla?

You then wait patiently to see if they start court action, whilst ignoring all debt collector's letters.

No-one pays Smart.

Lyhtem

ok but wouldn't it somehow affect my credit score ?

KeithP

Your 'credit score' cannot be affected until a County Court Judgement is made against you.

That cannot happen until a court case has taken place, and you have lost that case, and you have then failed to pay whatever the court decides within one month.

You are in control of that.


And before you ask... no, bailiffs cannot come round before any court case is lost.

The_Deep

[FONT=Times New Roman, serif]This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences. [/FONT]


[FONT=Times New Roman, serif]Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (who take hundreds of these cases to court, and nearly always lose), who have also been reported to the regulatory authority. [/FONT]


[FONT=Times New Roman, serif]The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.[/FONT]


[FONT=Times New Roman, serif]http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41[/FONT]


[FONT=Times New Roman, serif]and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.[/FONT]

waamo

Lyhtem wrote: »

ok but wouldn't it somehow affect my credit score ?

To date Smart have never taken anybody to court. They have 6 years to begin proceedings so there is the remote possibility this could change in future however I doubt it.

Lyhtem

Thank You for all the answers one thing that i found out that might be a best way to base my appeal upon isnt it that they have to send the PCM within either 14 or 28 days, car is not a lease date of said overstay was 20,1,2018 and date on the letter says 22,2,18 which was received yesterday so if my calculations are correct its 33 days no counting to date on their letter