Help needed to challenge Smart Parking Parking charge notice

Travel_dreamer

Reading lots of guidance, previous appeals etc and I see a Coupon-Mad post about PE issuing manuals to retail outlets etc and give them ability to cancel PCN s where they are happy that person is genuine customer and not acted unreasonably. Does same apply to Smart P. Still unable to identify who landowner of Health Centre is but have complained in strong terms to GP surgery we were visiting. Free car park, no time limit , terminal to enter reg no to validate parking. No response from GP yet.

Travel_dreamer

Thanks. I can add the bits re a disabled badge holder being an occupant to this.
I am not sure if the POFA Schedule 4 Notice to Keeper points that appear in the digging deeper comments immediately below the template should go in the first challenge or the POPLA Appeal ?

MistyZ

To find out who manages this practice you could phone your CCG (Clinical Commissioning Group). If they try to fob you off, tell them very firmly that a PCN has been received on an extremely unfair basis and that you feel very strongly that those in charge need to know about the actions of the parking company.

It takes a leap of faith to believe that any such body will cancel a PCN, but they can and they do. It helps to be confident in your course of action. Essentially it is all quite simple at this stage, including the appeal if necessary so don't be put off by the abundance of information here, you'll get help with the more complex stuff if you need it. But a determined complaint might make the PCN go away sooner rather than later.

Travel_dreamer

I am reading more about POFA, I don’t think the ntk I have received is compliant with sched 4, point 9?
It’s Smart P. not PE
“A parking charge notice of £100 is now due for payment and must be paid before the end of the 28 days from with the date of this notice. If the parking charge notice is paid before xxx the amount of the charge will be reduced to £60.If you were not the driver of the vehicle and you wish to provide the drivers details,lodge a dispute ,appeal or query this must be made online or in writing......”

Anyone know if that meets POFA ,doesn’t look like it to me but I am new to all this
and if it’s not do I say so in first challenge and add it to template letter or wait for POPLA appeal ? Starting to get to grips with the complexity of this.
Huge thanks for your responses and making the resources available on here

Egbert_Nobacon

Whilst it’s admirable you are now getting to grips with the scam I feel you are getting ahead of yourself.

POFA may be a POPLA point but we need to know the date of the alleged transgression and the date of the issue of the PCN, time limits apply.

Follow Coupon-mad’s advice and send the BLUE template - no additions or alterations - worry about POPLA if and when necessary.

As advised earlier her advice is second to none.

Travel_dreamer

Yes intend to send template and you are right I am looking ahead in case need to Appeal to POPLA.Have some time now to do research but this is going to be limited in the next few weeks as I 1. Have a sick relative which caused the visit to Health Centre Car Park in the first place and 2. Am due to be away from UK for a month soon without easy access to all this
PCN 27/2
Alleged transgression 19/2

Redx

as above, the first issue is timescales

date of the incident ?

date of the NTK that arrived in the post ?

if its more than 15 days between them , then they failed on POFA timescales alone

if its less, then you can check the wording to see if it complies with POFA

but the landowner cancellation IS ALWAYS BEST - REGARDLESS

if you are submitting the blue text appeal, do so as KEEPER, no changes , so they recognise the template and where its from

no telling anyone about who was driving, its not necessary and should not be divulged to anyone at all

Travel_dreamer

Good news, I think? After writing to my MP, the MP in who’s constituency the car park is and formally complaining to the NHS Health Centre who operate the car park I have logged on to the SP website today with a view to sending a first appeal, yes I know lots of advice was to do this ASAP but I thought getting the PCN withdrawn by complaining to the GP and MP might be worth a try before the 28 days expired, anyway this is what it now says on SP website against my PCN no;

“Appeal - PCN Xxxxxxxxxxx

The following message has been provided for information only. No action is necessary.The Parking Charge Notice (PCN) has been cancelled. No appeal is necessary. If you would like to contact the Parking Office regarding this Parking Charge Notice please call the office on 0845 230 3081 and select option 4.”

I don’t quite believe it given all the horror stories I have read on this forum. I am not sure what changed their mind but clearly something did and am sure it wouldnt have happened without all your advice and the resources available on here, it really helped me to write very detailed complaints to the GP/Health Centre and to the MPs.
I intend to continue my complaint to the NHS to get them to change the parking arrangements for patients at this Health Centre as they are clearly exploiting sick and vulnerable people who deserve better when they visit their GP!
Interestingly I also had a further PCN in the post yesterday telling me to pay up £100!
Should I expect a further letter cancelling the PCN?

Umkomaas

Interestingly I also had a further PCN in the post yesterday telling me to pay up £100!

Does it have the same reference number of the one this thread is about (if so, ignore it)? If it's a different number, it's obviously a different ticket, if so it will nee dealing with as a separate charge.

Take a screen shot of the SP website showing the cancellation and retain for the next 6 years.

Travel_dreamer

Yes same PCN number.
Such a relief but am still angry about the whole ridiculous system.
Many thanks again. Complaining very loudly to NHS and MP and at length in writing has worked.