Parking help please

nba2005uk

Also am I correct in saying this template is for Plan B and shouldn’t be used in complaining to the landowner? 
How should I word the complaint to the landowner? As technically it is my fault for not seeing the sign displayed? I think this is a new sign as it was previously common for people to park here when Mcdonalds was full. 

Redx

Complaints to landowners is plan A

The blue text appeal to Smart parking is plan B

the Popla appeal is plan C

Court is plan D

Do not read anything more than 2 years old , apart from the newbies thread of course , so preferably this year only , or last year if more appropriate

Of course you re being shot down , because it's your job to learn a topic quickly that we have become experts in over many years , but like you we were newbies once, you didn't learn to drive in a week and your initial mistakes were jumped on to avoid hitting kerbs and people and vehicles. Parking is rarely covered , so never park anywhere without payment or permission , so yes it is foolish to park there

There are no templates for landowner complaints , but dozens of members before you have posted complaints on here and you have the same search box as we do , but you have a good reason to search and find them , whereas we have good reason to offer critique. But we don't get paid enough to do the work , so pay a lawyer for professional help

The thing to avoid is naming the driver , or implying who was driving , something you have already failed on in your earlier posts here , so not to be replicated in your complaint or appeals , especially about poor signage etc

If Smart have 4 or 6 pictures and only sent 2 , then you are asking for all of them in that template , in case they have more evidence, if no sobeit !! Qué Sera !! You are showing that you tried to engage and deal with it , judges expect it !  Court is the ultimate destination here , within 6 years , or a landowner cancellation instead !!  The debt collector stage and LBC stage are pre court stages

Learn the basics , accept the criticism and improve , we will help those who help themselves , templates are lazy and rarely cover all the bases. But I don't wish to sound harsh , just telling you the facts without fear of malice. It's new to you , it's old hat to us 

Hope that explains it ?

Umkomaas

@nba2005uk - please see my edit to my original post made at 09:56 today. Sorry for any distractions. 

nba2005uk

Thank you for the help and I appreciate your time. 

I have read through parts of the thread and mainly see complaints to a totally different case to mine. Most people are defending a good excuse, eg machines not working, dark late night, 1 minute overstay etc etc. I am trying to defend something which is my fault (not seeing the appropriate signage). 
How am I supposed to complain about something that is my fault? 

Sorry I am just struggling to find something similar to my situation, and cannot think of the correct wording in how to complain. 

Redx

Poor signage and the BPA CoP on when new signs are in use , extra warning signs etc , all count

Signage issues feature in the vast majority of issues on here , many like yours

Stating that , the Driver parked , we never saw the signs , the signs were new and unlit and failed to meet clause XX of the BPA CoP version 8 etc

You are definitely not the first person in this predicament

But the fact remains that all drivers should look for and comply with all signage , not to do so on a road could lead to a prosecution for speeding or going the wrong way up a one way street , or driving without due care and attention , the latter being the error here

Sometimes there is no excuse , so we are assisting you in finding one , we won't write it for you

nba2005uk

Sounds to me as if its a dead end and I’ll have to pay up £160.

It was afternoon time, no excuse for poor, unlit signage. Only defence I have is that I’m pretty certain these are new signs as many people have parked here before. 

I cannot say these are new signs as I would be owning up to being here I take it? Although possibly a passenger..

Redx

Correct , but if you read your last few posts you haven't got out of the problem of self incrimination , using the word I 

The Driver parked , we did not see the new signs , the BPA CoP new signs clause that you haven't read yet !  I gave you enough pointers , so use them 

The implication was that you were an occupant of the vehicle , it's up to Smart to prove who was driving !!! Think about it

A loss in court is typically up to £200 , so little difference

nba2005uk

Apologies I am only using ‘I’ to explain to your guys the scenario. I wouldn’t use it in an appeal. 
I will look into Bpa cop new signs as have no knowledge on this. 

I guess the only leg I have to stand on is possibly new signs and the driver didn’t see them?

KeithP

nba2005uk said:

I guess the only leg I have to stand on is possibly new signs and the driver didn’t see them?

I think you need to modify your thinking.   

To something like...
The reason the driver didn't see the signs is because of their poor siting and lack of prominence.

Simply because if the signs were prominent enough, the driver could not fail to see them.

Redx

Plus if the monitoring is new , temporary extra signs should be up so that drivers are in no doubt that parking enforcement is being carried out on the land

However , when a driver parks they should look for signs and always assume that enforcement is in place unless proven otherwise , so on roads it's no parking signs , red lines , yellow lines , parking bays with restrictions in place on nearby signs , be they free or paybyphone , treat every parking event as hostile territory , unless proven different

To tell us guys and gals , you could say that the driver parked for ten minutes to eat a meal , there is no need to be specific or use the words , me , myself & I in any reply to us , or the landowner , or Smart parking either

If the driver is actually guilty as charged , they should have paid the reduced postal PCN for £60 !! At the time

The advice on here has been to appeal , not ignore , that advice came into being in march 2013 in the coupon mad thread , long before this PCN , many years before it ! Nobody here said ignore , your decision to do that complicated the matter and has now led to this point

My replies are a reality check , to prevent repeat occurrences by hoping that drivers will take note if their surroundings and actions , do not err again