Riverside Shopping Centre Erith -urgent

Sneakygits1

Hello all,

Having just returned from overseas to find an email from the employer to inform that they have received a Penalty Charge Notice from Smart Parking, in relation to the company car in question, which the employer leases.

Reading through the Newbies area but can not find something seemingly well tailored to the personal circumstance, so would be most grateful of your help.

To add to the issue, there is but a few days left before passing the 28 day deadline for appeal, so your urgent help would be appreciated.

The vehicle was parked in said car park on the basis that it had a sign stating that it was entitled to 3 hours free parking. As it transpires, the additional accompanying text went on to explain the requirement to entire the registration into the machine in order to secure a ticket for display in the car.

However, the penalty charge notice has an image of the car upon entry and exit of the car park in to include the time of entry and exit and illustrates that the vehicle was well within the 3 hours free parking.

Looking at the templates, but am unsure which option is most suitable based on the exact circumstances.

Running a search on this site for the exact same car park also and managed to find two cases of other people beating the charge, but in both cases those people started by submitting their own letters, they were then advices to follow a template, they said thanks for the helps, came back at a later date to confirm they got off of the charge, were then asked if they used their own original letter or the template, but never came back to confirm!

Looking forward to hearing from someone who can help.

Thanks in advance,

Egbert_Nobacon

Smart cannot issue penalties - this is an invoice.

Have you been named as the keeper by your employer ?

Sneakygits1

Hi and thanks for getting back to me.

I can’t seem to find the exact template you refer to based on your reply, perhaps because I’m using a tiny little phone screen and not a computer, which I don’t have access to at the moment.

Can you kindly provide a link?

Thank you,

MC.

Sneakygits1

Speaking to the employer today who informed they have not responded thus far.

Coupon-mad

No link, the template is in the NEWBIES thread (near the top of this forum) in blue writing.

Sneakygits1

Hi,

Can you please confirm that it is this exact version you are referring to when you say template?

If so it referred to an overstay, which was not the case. They offered 3 hours free parking, but on the basis someone entered the number plate into their machine in exchange for a ticket, which didn’t happen.

On the charge notice, they have a pic of the car on the way in and on the way out, that shows the times also. It does illustrate that the car wasn’t there for over 3 hours.

Also, the vehicle is a company car, which the employer leases. Should this be mentioned?

The employer is happy for the keeper to fight this but does not want to be bothered by my it all.

Thank you so much for any help you can provide, I have to provide an appeal by tomorrow to be within the 28 days.

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

The_Deep

[FONT=Times New Roman, serif]Read what Pete Wishart MP said recently in the House of commons about Smart Parking.[/FONT]

[FONT=Times New Roman, serif]"I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.
…
The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices." [/FONT]
[FONT=Times New Roman, serif] It is not penalty, nor is it a fine, it is an invoice from an ex-clamper to compensate them for the alleged harm they suffered when you did what you did. We call it a scam. Pay them not a penny unless a judge so orders it.[/FONT]
[FONT=Times New Roman, serif]
[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]









[/FONT]

Le_Kirk

You need to go to the NEWBIE sticky and read post # 1, at the bottom is a section in BLUE text, below that are some links written by Edna Basher referring to lease/hire cars and you want one of those.

Redx

And use a laptop not a phone , then scroll down to the bottom of the first post in that thread

Company vehicles are different , the blue text is for private vehicles

Sneakygits1

Hi all,

Can you please review what I’m planning to send. I have used one of Edna’s templates as a basis, but edited it a little to more specifically related to my circumstances.

Thanks in advance folks for all your help so far.


Dear Sir/Madam
Re: PCN No.
I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

My street
My Town
My Postcode
I am the vehicle's keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Smart Parking LTD has no reason to contact, (insert my employers name here) again regarding this PCN

You have issued an invoice on the basis of a ticket not being obtained for the vehicle in order to secure 3 hours FREE parking. However, your own vehicle ANPR identifies the vehicle in question entering at, (time) & exiting at, (time) and clearly illustrates that the cars stay did not breech the proscribed FREE allowance of time. Your signage is deliberately misleading.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully,
My name

Fruitcake

What has Civil Enforcement Ltd got to do with this?

You have given away the driver's identity in more than one post.

Please delete your post from the other thread you posted on.