PCN - SMART PARKING - new enforcement on car park I use regularly

Carrick_1636

Hi all,

I hope that you're all well. If anyone can assist or offer any advice I’d be extremely grateful.

I have been using a car park for work on and off for 4 years, but they must have just recently started charging to park there.

Well, today I received a “Parking Charge” letter in the post from smart parking for parking in said car park. I assumed that with it coming through the post and having a photo of my car and reg with me driving that I would be bang to rights so to speak, but due to the recent change in circumstances of the car park, I thought it may be worth a genuine appeal, and as such I drafted one. Once I showed it to my girlfriend, she told me that I don’t need to pay them as smart parking are a private company and she has never paid them herself. She has been threatened with court and had loads of letters but I’m hoping to avoid any stress, and I don’t wish to risk my credit rating with a “debt” or actually be taken to court.

As such, here I am.

I have noticed from the forum that I do NOT want to identify myself as the driver and I should put the onus on them? So my genuine appeal may not be a good idea? What would you advise?

As I now know that it is a private company, I will assume that a genuine appeal to their good nature is going to be pretty useless?

Here is the original draft of my appeal with the locations, etc removed -

Hi,

I have held a valid parking permit from “X” Council since 27/09/2021, which I received through my employer. I’ve used this permit continuously since starting my employment.

When the designated car parks are full—as they occasionally are—I’ve routinely parked in the car park near “X” and “X”. This has been a regular alternative for me over the past few years, and up until now, it has never resulted in a fine or caused any issues.

I was genuinely shocked and upset to receive a parking charge notice for using this same car park—something I have done without any problems for over three years. I understand that parking policies may have recently changed, but I was not made aware of any new restrictions. Had I known, I would not have parked there.

The timestamp on the notice corresponds with my standard 12:00 PM to 9:00 PM work shift, and I can provide confirmation of this if required.

I’ve always made every effort to follow the rules, and a £60 fine (£100 if not paid promptly) is a considerable amount for me. I respectfully ask that you take this into account when reviewing my appeal. I fully understand the importance of adhering to updated parking regulations and will ensure this does not happen again.

Please also consider that for nearly four years, I’ve followed the same routine without issue, so I had no reason to believe that parking in that location would suddenly result in a fine.

Thank you for your time and understanding in reviewing this appeal.”

Any advice would be greatly appreciated?

Thank you for taking the time to read this!

Ralph-y

or .... you could use the forum suggestion ....

Further proof that the Smart Parking appeal works

  courtesy of  Grizebeck

"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"

the POPLA appeal if needed

No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

or

the parking operator does not have a contract at this site to issue pcns"

fisherjim

Please don't waste your time with your original appeal that will get no where.

You should stop thinking that these dimwits hold any authority they are just a two bit company that has found a way to make money by bullying people with silly invoices.

There is no automatic threat to your credit rating and there is no actual debt only a piece of paper claiming you have one.

Follow the advice on here don't go it alone without help or you will trip yourself up that's what their silly rubbish is designed to do.

Carrick_1636

I have lodged an appeal using the wording that Grizebeck posted, thanks to Ralph-y.

I will see what they respond with.

Thank you both.

ChirpyChicken

If declined use the next set of text

Coupon-mad

Such an easy one.

Not all PPCs are this easy to beat and some of them certainly do sue and cause CCJs (tell your girlfriend to always come here and we'll advise).

Carrick_1636

Hi all,

They have rejected my appeal and provided me with the verification number to appeal via POPLA.

Just to clarify, my next step is to appeal this on/with POPLA and I'm to send them the following - "No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice"?

Apologies if this is a silly question, I just don't want to get it incorrect.

Once again, thanks in advance for any assistance.

ChirpyChicken

That is correct. Nothing else.

Umkomaas

I have held a valid parking permit from “X” Council since 27/09/2021, which I received through my employer. I’ve used this permit continuously since starting my employment.

Is this a council car park?  If not, why are they issuing you a permit?

Carrick_1636

It's not a council car park. This is a different carpark to the ones that my council permit works on. But this car park never used to issue tickets. Smart parking must have taken over it or have some rights to it?