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Smart Parking - overstayed due to ticket error

Jesstaria
Jesstaria Posts: 3 Newbie
edited 22 March 2019 at 10:07PM in Parking tickets, fines & parking
The keeper has had a postal PCN from smart parking for a council car park and have apparently overstayed the time paid for - The driver thought they had paid for longer than needed. But they had a baby in one hand and bags in the other, stuffed coins in and stuck the ticket in their window without looking. All I can assume is that it hasn’t accepted all the coins and theyve ended up paying for less time than actually needed. What should they do? Do they just appeal with the template response and risk smart parking saying theyve overstayed by longer than the assumed grace period of 20 minutes? They don’t know how long they actually paid for so don’t know how much they overstayed!

Comments

  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
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    How do you know (for certain) that it is a council car park?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • KeithP
    KeithP Posts: 41,296 Forumite
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    Hi and welcome.

    Send the already written for you blue template appeal that you will find in post #1 of the NEWBIES FAQ sticky thread.

    Send it unchanged - no additions or alterations needed.

    Send it as the keeper.


    But first you need to edit your post to remove clues to the driver's identity.

    It was the driver who parked and it was the keeper that received the postal PCN.
  • Coupon-mad
    Coupon-mad Posts: 152,819 Forumite
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    Do they just appeal with the template response
    Yes.
    and risk...
    There is no risk.

    If the registered keeper appeals without saying who was driving, using the forum template appeal from the NEWBIES thread, Smart will give up in about a month.

    Don't overthink it; you cannot ask for a simpler one to practice on, than Smart!

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Update: keeper had no response to the appeal and has been sent further demands and now a debt recovery letter? What should they do now?
  • Coupon-mad
    Coupon-mad Posts: 152,819 Forumite
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    Did you screenshot the appeal lodged?

    Did the keeper check their junk email for a rejection letter in April?

    If the keeper can prove they appealed, complain to Steve Clark at the BPA:

    steve.c@britishparking.co.uk
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • No screenshot was taken, keeper assumed we would get an email receipt but nothing. Nothing in junk mail. Does the keeper need to respond to the debt collection agency?
  • Redx
    Redx Posts: 38,084 Forumite
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    NO , post #4 of the NEWBIES FAQ sticky thread tells you that

    the best option is to complain to the BPA , as mentioned earlier

    it was foolish not to get proof of posting of the appeal (or a screenshot) because the keeper can also assume that they will state that it never arrived and I can assume that the keeper will get demands for £100 , so possibly an expensive lesson (that proof is needed in legal matters)
  • Coupon-mad
    Coupon-mad Posts: 152,819 Forumite
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    Jesstaria wrote: »
    No screenshot was taken, keeper assumed we would get an email receipt but nothing. Nothing in junk mail. Does the keeper need to respond to the debt collection agency?
    No.

    Send a SAR to Smart and ask for all correspondence.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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