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Smart Parking PCN

ftahumour
Posts: 5 Forumite
Hi all,
apologies that my first ever post is one where I am in need, hopefully I will be able to contribute at some point in the future.
I have read the NEWBIE section as well as a host of other posts on the topic of how to handle this rubbish we are forced to go through. I have to admit, at first the amount of information and various threads were daunting and confusing, I am now starting to get my head around the process.
To this end I have a couple of queries about the variables which apply in my circumstances prior to submitting an appeal with said PCC I am hoping some of the more experienced/savvy ppl here can give me some pointers on.
So, in my case received an NTK for a PCN for allegedly overstaying by 11 minutes, judging by the NTK letter listing ANPR photo's with a summary timeline below each photo totalling an hour + 11 minutes. So far so good, right? Quoting BPA guidelines re; grace periods should cover this nicely.....I am however concerned because of the following:
1. A 1hr duration ticket was purchased (via a machine requiring me to input my number plate), however this was discarded after the event as typically done 100's of times in the past not thinking much of it once surplus to requirements.
2. The location has been subsequently closed (not in service, machines and signs removed) upon my recent revisit, thus unable to gather evidence of my own regarding signs etc.
I have prepared a draft letter based on the first response template from this forum (many thanks to the contributors for this, greatly appreciated) and I am ready to submit an online appeal which at this time is 90% template content. The question is should I look to include anything additional at this time or, based on my understanding the main purpose of my initial response is to trigger a response and a POPLA ref, after which I can prepare and present my case?
Many thanks in advance!
ftaHumour
apologies that my first ever post is one where I am in need, hopefully I will be able to contribute at some point in the future.
I have read the NEWBIE section as well as a host of other posts on the topic of how to handle this rubbish we are forced to go through. I have to admit, at first the amount of information and various threads were daunting and confusing, I am now starting to get my head around the process.
To this end I have a couple of queries about the variables which apply in my circumstances prior to submitting an appeal with said PCC I am hoping some of the more experienced/savvy ppl here can give me some pointers on.
So, in my case received an NTK for a PCN for allegedly overstaying by 11 minutes, judging by the NTK letter listing ANPR photo's with a summary timeline below each photo totalling an hour + 11 minutes. So far so good, right? Quoting BPA guidelines re; grace periods should cover this nicely.....I am however concerned because of the following:
1. A 1hr duration ticket was purchased (via a machine requiring me to input my number plate), however this was discarded after the event as typically done 100's of times in the past not thinking much of it once surplus to requirements.
2. The location has been subsequently closed (not in service, machines and signs removed) upon my recent revisit, thus unable to gather evidence of my own regarding signs etc.
I have prepared a draft letter based on the first response template from this forum (many thanks to the contributors for this, greatly appreciated) and I am ready to submit an online appeal which at this time is 90% template content. The question is should I look to include anything additional at this time or, based on my understanding the main purpose of my initial response is to trigger a response and a POPLA ref, after which I can prepare and present my case?
Many thanks in advance!
ftaHumour

0
Comments
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just use the template "as is" and appeal as KEEPER
the popla appeal will kill it if written properly , ESPECIALLY WITH CLAUSE #13
in future , keep those receipts for parking payments for several months
read this https://www.moneysavingexpert.com/team-blog/2017/05/throwing-pay-display-ticket-away-use-cost-100/0 -
@Redx
Thanks, and ofcourse in hindsight I'm kicking myself. However the PCC should have a record of this given that a ticket has been issued by their machine, specifically tagged with the No. plate?
Any views on the fact that the place is now a ghost town with little useful evidence to be found?
ftaHumour0 -
if necessary you can do an SAR bomb under the new GDPR 2018 if you find the need to, but not at this stage
if the pcn only talks about overstaying and not non-payment then I doubt that not having the ticket is a problem, its a problem for non-payment , not for an overstay
as you correctly point out , the 2 grace periods in the BPA CoP clause #13 cover 20 minutes so 5 minutes to get a ticket and 6 minutes to leave is definitely reasonable , as SMART monitor time on site , not parking time, and you paid for 1 hours worth of parking time
leave the main issues for popla , if they dont cancel0 -
You seem to be thinking that you are dealing with a normal business.
Of course they could show that you had paid, but why would they want to do that?
There's no profit to be had in admitting that the motorist was right.
What is the address of this 'ghost town'?
Have you searched the internet, or indeed this forum, for images of what signs might have been it place at the time of your incident?
Does google street view offer any suitable images?0 -
@Redx
fair comments, thanks. In response, actually the NTK is ambiguous with regards to what the penalty is for. It simply states for the alleged breach of advertised terms and conditions @ so and so location. Two images with timestamps are provided showing a total time gap of an hour and 11 minutes give or take a few seconds. Im happy to scan the document (removing personal content) and share it if of interest?
@KeithP
also fair points, thanks. I have now acquired perimeter pics via street view which show some of the entry signs. I am purposefully ambiguous with details as this was advised here for obvious reasons. Happy to share detail via pm though. The 'ghost town' term was a figure of speech as I have been using the car park for over 10 yrs and all of a sudden it is walled off seemingly for refurbishment or redevelopment of the land.0 -
so a shame that the contractual paid for ticket was discarded, lesson learned I hope ? (especially after I linked you to a 15 month old article by MSE on this very issue)
for now I wouldnt worry about it and do as we suggested, then it can go into the popla appeal that a paid for ticket was bought on the day and that clause #13 coveres any alleged overstay
it may well be that an incorrect VRM was input by the driver , but without the ticket we cannot check
if they take it as far as the evidence pack, then tthose details are ones you will be looking at , including any similar VRM details at the time that could have been your driver inputting them into the pay machine
for now, its appeal, then take it to popla if they dont cancel, with a "kitchen sink" appeal0 -
Roger that. Draft appeal going in tonight.
Thanks again. Will keep you in the loop.0 -
Why a 'draft" appeal?
Why not follow the advice given to you here
Save it for popla
Send the template appeal designed to get you a popla code
Sorry, perhaps I used the wrong terminology there Quentin. I did use the template from the forum, I called it a draft as I had already drafted my appeal prior to asking for some clarifications.
Anyway, received the below earlier, so I guess I'm in the clear. Thanks for all the advice and many thanks to all the contributors of the template and guide on how to proceed. :money:
//imgur.com/a/dx5bytX
newbies are not allowed to post links, so prefix the above with https:// to view.
Humour :beer:0 -
0
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