PCN from Smart Parking- Confused

Sophies_Mum_14

I am the keeper of a vehicle and have received a PCN stating that a driver of my car overstayed in a B & M Car Park on March 17th. I have read the Newbies thread but have ADHD which makes it hard for me to take in large amounts of written information and to understand salient points. I also struggle wih applying hypothetical multiple choice options to present scenarios so despite having read that thread and multiple others numerous times I am not sure whether I have understood correctly. This car park was previously managed by G24 who allowed a 2 hour stay but at some point the car park has changed to Smart Parking who have reduced it to 90 minutes. The over stay was 38 minutes. The PCN is for 17th March overstay, it is dated 29th March, it arrived on 6th April, this may in part be due to the fact that the Friday and Monday were both Bank holidays. I read about the 14 days to issue this to the keeper- do I mention this? Am I right in thinking I should not pay and should send the bog standard template in blue on smart parkings website for PCN by post?

Redx

YES, just send the template as is

if they have failed POFA2012 , on wording and/or timescales, those will go into any subsequent popla appeal

for now just send the bog standard template , as KEEPER (no revealing who the driver was , to anyone)

edit post #1 to remove any hint of who was driving

THE DRIVER parked on the day

THE KEEPER has received all subsequent mail

2 different entities

Guys_Dad

Failed on out of time. 17th March was a Saturday so NtK had to be served by the Friday 2 weeks later (29th). However, that was a Bank Holiday, as you say. That meant they had to have it in your hands by the Thursday (28th).

POFA says they must allow for 2 days delivery, so the NtK had to be sent on the 26th.

Complete failure on Keeper Liability , but remember NEVER to say who was driving.

I disagree with other regulars on here and would appeal on out of time as a first stage appeal to the PPC, but as long as you realise that the bog standard appeal as mentioned above may be turned down and don't get disheartened, then as said you can use out of time as the POPLA appeal point.

Apart from costing the PPC the POPLA fee, I can't see the point of saving it for the 2nd stage appeal and wasting all that time, but in either scenario, you will win.

Coupon-mad

No need for that though.

Timing means nothing at all with a Smart PCN because they are worded to be non-POFA anyway.

The date is irrelevant.

Hence why it's easiest for a newbie to simply submit the template appeal online to Smart, as registered keeper, NOT by post.

Sophies_Mum_14

Thanks everyone I will do the first stage appeal and then if needs be appeal to POPLA on the other points.

Sophies_Mum_14

Just wanted to say thanks again today I received a notification that the parking charge had been cancelled all thanks to the template and your kind advice

Le_Kirk

That's good news.

Redx

agreed , well done

you followed our advice exactly, and got the correct result

waamo

For once Smart have actually been smart and realised they are not going to win.

Sophies_Mum_14

I have today received a letter before claim from Gladstone Solicitors stating that they have been instructed to commence legal action against mw for a PCN issued by Smart Parking on early last year.

I have tried reading threads but find them confusing (I have ADHD and this affects me most significantly in terms of trying to take in large volumes of text and trying to apply rules in different scenarios).

Is there a way to get out of paying £170 at this late stage without going to court.

Redx

are you sure that it is from GLADRAGS and not actually from DRPL ?

WHY are you saying its actually from GLADRAGS ? and please dont say it has a header with that name at the top because that proves nothing at all

your first task is look carefully at it and tell us who actually sent it ?


does it start with a 1 or a 3 in thereference number ?

who does it say to contact ?

who does it say to pay ?

is it from GLADRAGS golf club address in Knutsford ?

does it have the GLADRAGS telephone number ? (or a DRPL phone number ?)

attention to detail please

thanks