Need some advice please :-(

hatescammers146

Hi all,

Firstly, I!!!8217;m soo sorry if this has been covered before.

I have received a parking charge notice from smart parking, within 14 days.

Basically, the driver parked without a ticket for 19 minutes, whilst waiting to pick up someone who had gone to the market.

Its not an asda, tesco, matalan etc car park. its just a small slot near a market.

Should I just pay the £60 or appeal using the template on here?

I was about to click send for the appeal process today when I realised the evidence on smart parking website. There x2 colour pictures from the ANPR cameras and you can clearly see the driver driving in!

So, should go ahead and send the below template off within 14 days?

Thanks to all in advance & sorry once again.
(my head hurts thinking about all this)

hatescammers146

Dear Sir/Madam,

Re PCN number:

I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable and 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 are in small print and the onerous terms are not readable.

Should you fail to cancel this PCN immediately, I require the following information with your template rejection:

1. Does your charge represent damages for breach of contract? Answer yes or no.
2. Please provide dated photos of the signs that you say were on site, which you contend formed a contract.
3. Please provide all photographs taken of this vehicle.

I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.

I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner.

If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.
Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.

Yours faithfully,

my name & address

Coupon-mad

Obviously, people are expected to manage to edit this to suit:

If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.

Remove this:

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.

No need for a thread, do as the NEWBIES thread says (which does not mention 14 days). DO NOT tell us 'but the discount...'!!!!

Just follow the sticky, not sure what your question actually is, as long as this was in England/Wales.

We know what we are doing.

Smart Parking are 100% beatable at POPLA (yes EVERY SINGLE TIME) by a keeper who doesn't say who was driving. It will be cancelled by Easter.

KeithP

Yes, send that appeal.

So they have a picture of the driver. They have absolutely no idea what the keeper looks like, do they?

I suggest you edit the your first post so that the third sentence looks something like:

Basically, I am the registered keeper and the driver parked without a ticket for 19 minutes, whilst waiting to pick up his wife who had gone to the market.

When describing events on the day, there is no place for the word 'I'.

You will easily win this if the driver's identity is not revealed.

hatescammers146

Thank you for replying.

Even though they have x2 photos where in 1 im clearly seen driving in, shall i go ahead and send the template off now?

Dear Sir/Madam,

Re PCN number:

I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable and 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 are in small print and the onerous terms are not readable.

Should you fail to cancel this PCN immediately, I require the following information with your template rejection:

1. Does your charge represent damages for breach of contract? Answer yes or no.
2. Please provide dated photos of the signs that you say were on site, which you contend formed a contract.
3. Please provide all photographs taken of this vehicle.

I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.

I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner.

If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.

Yours faithfully,
(my name & address)

hatescammers146

Thanks again, I think we submitted our replies at the same time haha

Coupon-mad

LOL, so they have facial recognition?!! NOT.

For goodness sake to all newbies (not you personally) please manage to EDIT the final line to suit!

It's not exactly difficult to remove the sentence that makes no sense.

hatescammers146

If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.

...which bit shall i remove? sorry, im a novice at things like this

twhitehousescat

hatescammers146 wrote: »

If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.

...which bit shall i remove? sorry, im a novice at things like this

clue might be in the fact that they are members of the BPA http://www.bmpa.eu/company_guide_p_to_s.html

hatescammers146

Ok thank you.

So, now I'm ready to send...

Dear Sir/Madam,

Re PCN number:

I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable and 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 are in small print and the onerous terms are not readable.

Should you fail to cancel this PCN immediately, I require the following information with your template rejection:

1. Does your charge represent damages for breach of contract? Answer yes or no.
2. Please provide dated photos of the signs that you say were on site, which you contend formed a contract.
3. Please provide all photographs taken of this vehicle.

I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.

I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner.

If you are a current BPA member, send me a POPLA code.

Yours faithfully,

KeithP

Just a small point, but shouldn't that last sentence be:

As you are a current BPA member, send me a POPLA code.