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Smart Parking/DCBL claim Form insufficient paid time

Hi
I was here some years ago and I'm back here and can only thank you again. I'm here are people out there out of there goodwill nature helping others in there time of need with advice and guidance. I'm sure everyone on these forums that post threads will agree and many thanks regardless.


So I have been given a PCN at lower Parliament Street Nottingham 22/05/2021
Reason insufficient paid time.

Issue date was 18th August
I did the AOS on the 23rd August 

Long story short a few years ago when I got the first PC, I was rather peed off because I had damn trouble on that day parking. 
What I did was sent Smart Parking a challenge online against that PCN.
In this I explained it was a nice day car park near full and there was a space in the far corner against the wall took few minutes.
After parking went to pay but I didn't have change so I tried ringing ringo and it kept disconnecting I sent them screenshots of this.
I tried downloading the app and this was getting frustrating to register etc and I wasn't getting very far with it. There was no method to pay with debit card
I then had to go few shops down and buy a drink to get change and come back pay at the meter etc.
There was no one on site to assist, the signage are very poor

The issue is It was 13.12 I paid for the ticket for 2 hours
I left the car park 15.11 so within 2 hours

In 2022 I asked sar back then to Smart parking
They got me on camera entering on Anpr camera 12.57 and leaving 15.11
So there's 14 minutes here 

When I did challenge them about the above and what happened bear in mind I had my son who would of been 2 at the time this though I should of wrote in the challenge also but I really didn't expect it come to this point
Anyway they said this that there "payment system confirms that there was no payment made for your vehicle registration for the 133 minutes the vehicle was on site. The signage blah blah"

They did put down at that point appeal to popla etc, it wasn't pursued any further 

So this claim Form however they stated insufficient paid time.

Can I use the above in my defence in paragraph 2 and 3 when I write up the defence using template from newbie thread or not because it's contradicting each other.

Thanks


«13

Comments

  • 1505grandad
    1505grandad Posts: 3,942 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    "When I did challenge them about the above and what happened............."

    Just checking  -  seems you have outed the RK as the driver?
  • Car1980
    Car1980 Posts: 1,808 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The issue is It was 13.12 I paid for the ticket for 2 hours
    I left the car park 15.11 so within 2 hours
    So just say this in your paragraph 3. They'll discontinue anyway.
  • Marcus12b
    Marcus12b Posts: 13 Forumite
    Seventh Anniversary 10 Posts
    The Anpr camera has me entering car park at 12.57 the ticket was paid at 13:12 I left the car park 15:11 so they have me as 133 minutes in the car park which is what they put in the challenge I did but in that challenge they stated I never paid for the 133 minutes I was there
  • Gr1pr
    Gr1pr Posts: 9,784 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    Just look at recent Smart Parking defence paragraphs 2 , 3 and 4 of an 11 or 12 paragraph defence and adapt those to suit your case,  then post the proposed draft below
  • Coupon-mad
    Coupon-mad Posts: 154,736 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Gr1pr said:
    Just look at recent Smart Parking defence paragraphs 2 , 3 and 4 of an 11 or 12 paragraph defence and adapt those to suit your case,  then post the proposed draft below
    I've seen at least 6 other Smart claim cases this morning alone. However it looks like the OP admitted to driving when appealing so that bins the usual POFA point.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Marcus12b
    Marcus12b Posts: 13 Forumite
    Seventh Anniversary 10 Posts
    Just to check since issue date was 18th August and AOS was done on 23rd august does that mean I have till 16th September to submit on mcol
  • Marcus12b
    Marcus12b Posts: 13 Forumite
    Seventh Anniversary 10 Posts
    3. I am the registered keeper and driver of this vehicle.
    When entering the car park they are no clear signs of any contract to adhere to it was very busy I found a spot in the corner and took a few minutes to get in and the nearest thing I could see was a sign but partially impeded by branches and the writing too small to read it clearly
    3.1I was with my wife and son who would of been 2 at the time, car park not in the best of conditions so I had my son with me in case he fell overboard 
    3.2There was difficulty in paying a ticket, the machine didn't accept notes or debit card payments, chip and pin or contactless
    3.3 I tried over the phone and on the app got no success I did explain this in my appeal, the app was taking too long and difficult to register.
    3.4 There was no one on site that worked on behalf of operator to provide assistance
    3.5 I went to Maryland Chicken about 30 meters away in order to get change to use for the ticket machine
    3.6 I paid at 13:11 and left the car park 15:11
    3.7 In my appeal to Smart parking they rejected my points and said I did not pay for 133 minutes of the duration that I stayed even though a valid ticket with correct number plate was purchased.
    on this basis I believe this claim contradicts the appeal made as the appeal was rejected because no valid ticket was purchased to imply insufficient paid time in this claim is not justified.


    To note
    The template defence there are 10 paragraphs. Do I use all 10 as you pointed out I am the driver and I did appeal this with Smart parking directly.


    Thanks


  • Gr1pr
    Gr1pr Posts: 9,784 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 11 September at 9:17AM
    A defence is written in the 3rd person,  no I etc

    Add the following to paragraph 2 at the end,  after keeper 

    and driver

    Remove that first line in your draft paragraph 3,  because you have put an ending to paragraph 2

    Rewrite the rest of it into say 2 paragraphs, in the 3rd person,  not several bullet points , and paste below 

    All 10 paragraphs are used when the final defence draft is ready,  but renumber to get rid of 3.1 . 3.2 etc, meaning that your draft could be 11 or 12 paragraphs in total 

    Your defence deadline is 4pm on Monday 22nd September 


  • Le_Kirk
    Le_Kirk Posts: 24,870 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Marcus12b said:
    Just to check since issue date was 18th August and AOS was done on 23rd august does that mean I have till 16th September to submit on mcol
    With an issue date of 18/08/25 and having completed the AoS after 23/08/25 and before 06/09/25
    your defence deadline date is 4.00 p.m. on 22/09/25
  • Marcus12b
    Marcus12b Posts: 13 Forumite
    Seventh Anniversary 10 Posts
    I wasn't quite sure reading back what you put to add after paragraph 2 after keeper add driver, 
    This is what I've come up with

    When entering the car park they are no clear signs of any contract to adhere to those that are placed can be impeded when cars are parked as it was on this occasion as stated in appeal as it was very busy
    One of such signs is printed very small partially impeded by branches and the writing too small to read it clearly.

    There was difficulty in paying for a ticket, the machine does accept notes or debit card payments, chip and pin or contactless, number on display was used to purchase ticket but issue with call being disconnected automatically by the service provider Ringo, the app also took a long time couldn't get it to work
     to register.
    There was no one on site that worked on behalf of operator to provide assistance
    In order for a ticket to be purchased travelling off site to the nearest store to get change would be required in this instance
    Ticket purchased 13.11 left the car park 15:11
    Appeal stated that no parking fee was paid for the duration of 133 minutes on site, however proof was sent of parking ticket.
    On this basis I believe this claim contradicts the appeal made as the appeal was rejected because no valid ticket was purchased to imply insufficient paid time in this claim is not justified.
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