PCN - Smart Parking

stardustziggy

I would like your help please if possible.  Long story short, passenger was ill and had to stop as she was about to vomit.  Pulled in to a quiet area and was only there a few minutes.  The registered keeper appealed the PCN and did not reveal who the driver was, but heard nothing, so dismissed it assuming the matter was closed (naively).  Not too long after, letters started arriving from DRP, Zenith & CST Law - the last of which is an LBC.  Like many other stories on here, the RK thought it was some sort of scam as several have been doing the rounds.
So, after reading through all the information provided on here, I know what I need to do .... Letter to Landowner (just drafted one), SAR to Smart, Letter to CST law denying debt (as instructed in the 'Court Stages Information' section of the forum, complaint to DVLA, BPA and MP.
I just have a few questions please:
1)  With the letter to the Landowner, do I need to attach a copy of the PCN letter?  (I have provided the PCN Number on the letter).
2)  On the SAR request, as it was ANPR, can I ask for details (not sure of wording, but calibration or some sort)?
3)  I saw the post about MCOL - should I have already done this, or is it too late?
4)  Can someone please have a quick check of the letter to the landowner to make sure everything is okay and the information is correct?  If I redact all the details, would it be       okay to just paste it on here?

I wish I'd seen the info about how to deal with a PCN before the appeal was submitted - it was concise and to the point, but now it's realised that it was a poorly worded appeal and could have been dealt with swiftly.
I hope I'm not wasting anyone's time.
Thank you, SZ

Coupon-mad

yep, show us your draft SAR and why not also report Smart to the BPA for failing to reply to your appeal and not giving you a POPLA code. Do that now using the BPA’s complaint page and don’t ask how to write it, just do it in your own words with proof of appeal.

stardustziggy

Thank you for your reply.
It was a draft letter to the landowner - pasted below.  I am currently filling out the SAR request as it looks straightforward.
I don't have any proof of the appeal. I didn't even make a note of the date and It didn't occur to me to take a photo with my phone as my tablet does not do screenshots.  Have I blown it?

LETTER TO LANDOWNER

Dear Mr ......  CEO,

As the registered keeper of , A Parking Charge Notice from Smart Parking Ltd was received relating to 'parking' at ...........................

I believe that Tristan Capital Partners is a client of Smart Parking Ltd.  Please can you confirm that they are.                                                                            If they are, I wish to complain about their predatory nature and ask for you to exercise your power to cancel the PCN, Number: ................. for the following reasons:

⦁ After receiving the PCN, An appeal was made on Smart Parking Ltd's website.  It was foolish to think that being 'straight and to the point' in the appeal would be sufficient for them.

It was explained that one of the passengers in the car was a pregnant woman of 35wks.  She felt nauseous (and felt that she didn't want others seeing her vomiting).  She also felt uncomfortable being around or close to other people as this was her first venture out after lockdown had been lifted).  The car park in question offered a safe and virus-free environment.  The driver had to act quickly as the threat of vomit inside the car was possible.  By their evidence, it showed that the car was only stopped there for 10 minutes and 25 seconds, which was enough time for her nausea to pass.  Evidence of the passenger's pregnancy was also supplied, but her address and phone number were redacted but could be supplied at appeal. Nothing was heard and no response to the appeal received.                                                                                                             

⦁ They have ignored the appeal made in August 2020 - this is a breach of the BPA Code of Practice as the Registered Keeper has not been given the chance to appeal to POPLA before Smart Parking Ltd decide to call in the debt collectors.

⦁ I was not the driver, and as the keeper of the vehicle, I decline, as is my right to provide the name of the driver(s) at the time, and under the Protection of Freedoms Act 2012, I can only be pursued if the Parking Charge Notice contains the information required by POFA (Parking on Private Land Appeals service), which it does not.  They have not served a notice asking 'The Keeper' to provide that information.                                                                                                                                                                     (It is well worth noting that Smart Parking Ltd don't even bother with POFA 2012).

⦁ The car was not 'Parked', and Smart Parking Ltd have not provided any proof that any of the occupants of the car had left.  Attending to a sick passenger does not mean the vehicle was parked.  They have therefore breached the KADOE (Keeper of a Vehicle at the Date of an Event) agreement by obtaining keeper details for a non parking event.  In addition this is a DPA/GDPR breach.

⦁ These threatening letters demanded £170, but after seeking advice it seems that they are not allowed to do that as the only sum anyone can lawfully pursue the Keeper of the vehicle for is the original PCN = £100.

⦁ They have now sent an LBC, threatening court action.

I will also be complaining to: 

DVLA 

BPA (British Parking Association)

The MP for Cardiff North - The Parking (Code of Practice) Bill has been discussed by MP's in Parliament and the advice is to complain to MP's in the hope that they will one day curb these companies' poor practices.

The driver and passengers were looking forward to visiting the stores that are part of this large site, as they had only been once before.  It is thought that maybe they won't 'race' to go there again.                                                             

After gleaning a myriad of advice from the internet: Legal Beagles, Money Saving Expert and a few others too numerous to mention, the above points will be elaberated upon in court should that prove necessary.

I do hope you can help with this matter, as this is causing considerable stress (in particular to the pregnant passenger), due to the aggressive letters from Smart Patking Ltd's Debt Collection Agency/Solicitors etc., with whom they have shared the Keeper's details. 

In order to assist you in contacting Smart Parking Ltd, their web address is:   www.smartparking.com (no direct e-mail can be found) Tel: 0330 135 9020. Fax: 0121767 5350

Yours Sincerely,

 

Redx

Your SAR should reveal all documents and communication , so ask for copies of everything , including the missing appeal

If it is provided and no Popla appeal was offered within the rejection , complain to the BPA AOS team

stardustziggy

This is what I've asked for in the SAR:

Please supply the data about me that I am entitled to under data protection law  relating to myself.

All photographs taken.

All letters/emails sent and received, including any appeal correspondence earlier.

All data held.

All evidence you will rely on, and a FULL copy of the PCN/NTK.

A list (if any) of all PCN's outstanding against me.

Is this sufficient?

So then I should wait for the SAR results before complaining to the BPA AOS team?

Was the letter to landowner okay please?  I just don't want to cheese the landlord off ......

Coupon-mad

That’s fine for the SAR.

Remove  this from the landowner complaint:

⦁ I was not the driver, and as the keeper of the vehicle, I decline, as is my right to provide the name of the driver(s) at the time, and under the Protection of Freedoms Act 2012, I can only be pursued if the Parking Charge Notice contains the information required by POFA (Parking on Private Land Appeals service), which it does not.  They have not served a notice asking 'The Keeper' to provide that information.                                                                                                                                                                     (It is well worth noting that Smart Parking Ltd don't even bother with POFA 2012).

⦁ The car was not 'Parked', and Smart Parking Ltd have not provided any proof that any of the occupants of the car had left.  Attending to a sick passenger does not mean the vehicle was parked.  They have therefore breached the KADOE (Keeper of a Vehicle at the Date of an Event) agreement by obtaining keeper details for a non parking event.  In addition this is a DPA/GDPR breach.

stardustziggy

I will do that now - thank you so much for your help.  I know you guys are busy and do this on your own time so I really appreciate it.  Thank you again, and I will keep you posted of any developments.