Smart Parking Void Payment Snowdon LLanberis Car park

SilentSheep

Hi,
I receiver a PCN from Smart Parking dated the 13th of October claiming £60.00 payment for my parking contravention on 29th September. I was so naive and appealed as below. I thought they would cancel my PCN. They refused. I am at the stage to appeal to POPLA. I am that car's keeper. My problem is that they have photos with me as a driver and my car's registration ( They have cameras in the car park). I just noticed the date they posted the PCN to me was 14 days after I parked there and when I got the letter it is more than 14 days. Do I have a chance to win if I appeal to POPLA? Thank you very much in advance.
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 I did make the payment at the car park, but for whatever reason the payment was unsuccessful and I automatically collected the ticket issued by the machine and displayed it in my car. Upon receiving the parking charge notice issued by your company, I checked the receipt and found the payment was unsuccessful, please see the attachment. I intended to pay the money but the payment was unsuccessful. I acknowledge it was a mistake made by me by not reading the receipt and believed it was a pay and display ticket as it was so similar to a normal parking ticket. I wonder can I just pay the parking fee without be penalised? It was my mistake but not my intention to not pay. It was partly because I was not familiar with your company's system as a 1st time user of the car park. Next time, I will pay more attention to avoid such mistake to happen again. Thank you very much in advance. 

Fruitcake

If you blabbed about the driver's identity then the date the NTK issued is irrelevant, which is a shame because the keeper would never have been liable for the charge.

What happened when you complained to the landowner?

If you have a PoPLA code then use it. Read the third post of the NEWBIES and create a draft appeal using all the template points available to you.

This should include, 
Not the landowner
No standing to issue charges
Frustration of contract
BPA failures
Inadequate signage

Sadly you would have won on non PoFA compliant NTK if you hadn't revealed the driver's identity.

In addition to all of the above, complain to your MP about this unregulated scam.

Le_Kirk

Given your user name I don't think you did bleat about the driver.  All you said was you paid and displayed a ticket.  You were a passenger in the car weren't you?  If the car park management cannot keep their equipment functioning, how is that your fault!

Fruitcake

Le_Kirk said:

Given your user name I don't think you did bleat about the driver.  All you said was you paid and displayed a ticket.  You were a passenger in the car weren't you?  If the car park management cannot keep their equipment functioning, how is that your fault!

On the balance of probabilities I suggest a PoPLA assessor or a judge might believe on the balance of probabilities that the driver's identity has been revealed, but I take your point.

That being the case SilentSheep, add Non-PoFA compliant NTK as point 1 of your appeal.

SilentSheep

Hi Fruitcake and Le_Kirk,
Many thanks for the swift help. I did not say I was the driver. But they have a very clear photo with me at the driver's seat. This made me very uncomfortable.
I will write to the landowner to see what may happen if I can find who is. 
Many thanks again.

Le_Kirk

Do they then also have a database of photographs of all the drivers/passengers licence holders in the UK?

SilentSheep

This is something I am worried.

SilentSheep

Le_Kirk said:

Do they then also have a database of photographs of all the drivers/passengers licence holders in the UK?

Just checked and found Smart Parking has right to access DVLA database, so I guess they could find who the driver is by using the photo if they want. Many thanks for the question. It is very helpful.  

SilentSheep

Fruitcake said:

In addition to all of the above, complain to your MP about this unregulated scam.

I will write to my MP to report this misleading parking ticket. Hope one day, this kind of PCN can be announced as scam to be banned.

Redx

SilentSheep said:

Le_Kirk said:

Do they then also have a database of photographs of all the drivers/passengers licence holders in the UK?

Just checked and found Smart Parking has right to access DVLA database, so I guess they could find who the driver is by using the photo if they want. Many thanks for the question. It is very helpful.  

No they cannot , they only have limited access to the V5C details , nothing else can be viewed , there are strict DPA guidelines on data and there is zero chance of checking photos , especially because the V5c does not include any photos

You have been watching too many USA crime shows

SilentSheep

Redx said:

SilentSheep said:

Le_Kirk said:

Do they then also have a database of photographs of all the drivers/passengers licence holders in the UK?

Just checked and found Smart Parking has right to access DVLA database, so I guess they could find who the driver is by using the photo if they want. Many thanks for the question. It is very helpful.  

No they cannot , they only have limited access to the V5C details , nothing else can be viewed , there are strict DPA guidelines on data and there is zero chance of checking photos , especially because the 5c does not include any photos

You have been watching too many USA crime shows

haha... many thanks for the information. I will appeal to POPLA.