PCN RECEIVED WHY?

nannym19

I need assistance please with my PCN appeal.  I have received in August a PCN from SMART PARKING.  The details say I was parked 28 May 2024 entry 14:56, exist 15:46.  Photos of me entering and leaving but not parking, which I did.  No ticket on windscreen.  No denying I was there but I also paid for 1hr parking.  The only way I can prove it is by my credit card statement.  I have contacted credit card company and they have indeed confirmed I did pay the charge but of course it doesn’t give a time.
But even Smart Parking have confirmed I was only there 49 minutes!
Am I missing something here?  I’ve shown many and none of them can understand it.
i don’t usually throw the age card in but I will, I’m 77 and it’s worrying me.

Gr1pr

Chances are that it was a keying error, not putting the full VRM in correctly, a common mistake ( or a faulty machine. ?  )

In any case, DO NOT TELL SMART WHO WAS DRIVING, no inferring what anyone did 

Look for a recent template appeal in other Smart parking threads, based on no keeper liability 

Once found, copy and paste that appeal in as keeper, online, adding the following sentence 

The driver paid in full for the parking time 

You appeal as keeper, capiche. ?  No hint of who was driving, not to anyone, not even to MI5. !!

prowla

As to the "why", it's because they want your money; they'll jump at any opportunity.

Grizebeck

Just use the below

You need nothing else in order to beat smart. Like shooting fish in a barrel 

This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for driver details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw

LDast

Easy one to defeat... as long as the unknown drivers identity is not revealed. There is no legal obligation on the known Keeper (the recipient of the Notice to Keeper (NtK) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known Keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

I am the Keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the Keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Smart Parking has relied on contract law allegations of breach against the driver only.

The Keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. Smart have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Grizebeck

Either of the two appeals will win hands down

Gr1pr

I agree, either are suitable without my added sentence about payment being made, so only add exactly what I said if you absolutely feel the need to mention it, as a side issue, but do NOT fall into the trap of saying the word I, first person, so no saying things like, I paid, etc , which there are several instances of in the opening post ( you should not really mention anything from your opening post. )

Plus, they don't have pictures of you, they have pictures of a vehicle with your registration on it, driven by Joe bloggs the driver, they monitor vehicle movements by nameless UNKNOWN drivers , like Ldast mentioned , so its not about what happened on the day 

Coupon-mad

nannym19 said:

I need assistance please with my PCN appeal.  I have received in August a PCN from SMART PARKING.  The details say I was parked 28 May 2024 entry 14:56, exist 15:46.  Photos of me entering and leaving but not parking, which I did.  No ticket on windscreen.  No denying I was there but I also paid for 1hr parking.  The only way I can prove it is by my credit card statement.  I have contacted credit card company and they have indeed confirmed I did pay the charge but of course it doesn’t give a time.
But even Smart Parking have confirmed I was only there 49 minutes!
Am I missing something here?  I’ve shown many and none of them can understand it.
i don’t usually throw the age card in but I will, I’m 77 and it’s worrying me.

I hope you come back and see these replies. 

You can use either of the appeals above because it is impossible to lose an appeal v Smart Parking as long as you appeal as keeper.  Do it online, giving your details.

Do not say who was driving.

This always works v Smart Parking.  But they do have form for not replying to appeals then getting DR Plus to send a £170 demand a few weeks later. Be aware of that & DO NOT PAY.  It is an easy situation to complain about if that happens.  You won't be paying a penny.

nannym19

Thank you all for the great responses.  I will the sending it off very shortly.

nannym19

UPDATE to My request for help.  PCN RECEIVED WHY?  I hope I’ve done this correctly.

I sent my appeal to Smart Parking on 1 September and have now today (my birthday!) received another PCN, this time a reminder.  Very similar wording, with variations but now if I don’t pay it will be £175.  What is different is the block in blue top right hand side. No photos of car, ref. Number, car number issue date, all correct, now issued time of 09:04 which is the difference between entry 14:56 and departure 15:46.  I paid for 1 hour parking, confirmed by my credit card company.

Do I send appeal letter again?  I used the wording as given by LDast, did not state that I was the driver.

LDast

It's just a "reminder". Why would you appeal again? Ignore everything except an appeal rejection or PCN cancellation. If a rejection, make sure that it includes a POPLA code.