Smart Parking NTK- OK Diner

rubadubdubinthetub

Will try to keep this simple as to not clutter the forums...

Read the newbies thread countless times, searched the forums for old cases and here I am. I must admit I really enjoyed researching all of this and appreciate everything you guys do.

I started with plan A with the retailers to no avail. The most recent forum post with a similar situation to mine the advice was to do nothing, including no appeal with smart. I don't think I have an easily appealed PCN as I believe it complies with POFA. I think only thing I have is insufficient signage as there's nothing in the car park showing ANPR or who manages it, just the fact that its private. 

My questions: 
Is it worth appealing with smart as they're likely to dismiss it? I'm coming up on the 28 day window for appealing.
Is it worth attempting IAS appeal if it comes down to that? 

Thanks in advance. 

Gr1pr

The pcn says paid for insufficient time,  so what do the contractual signs say   ?  Any pictures   ? Was any payment made   ?

The IAS appeal option is a non starter,  regardless of if you appeal to Smart Parking or not

The GSV pictures are 3 years old and show parking for OK diners only, but cannot see any Smart Parking signs,  so must have changed since 2022.  Were you a customer of OK diner  ?

kryten3000

POFA or not it doesn't matter because Smart will pass to DCB Legal who will issue a claim and then discontinue when it is defended.  Don't bother with IAS, just tell Smart if you move in the next. 6 years.

 

kryten3000

POFA or not it doesn't matter because Smart will pass to DCB Legal who will issue a claim and then discontinue when it is defended.  Don't bother with IAS, just tell Smart if you move in the next. 6 years.

 

rubadubdubinthetub

Gr1pr said:

The pcn says paid for insufficient time,  so what do the contractual signs say   ?  Any pictures   ? Was any payment made   ?

The IAS appeal option is a non starter,  regardless of if you appeal to Smart Parking or not

The GSV pictures are 3 years old and show parking for OK diners only, but cannot see any Smart Parking signs,  so must have changed since 2022.  Were you a customer of OK diner  ?

Sorry, reckon I left too much info out.

There are no contractual signs. Like you said, the GSV pictures only show "OK diner customers only" which are the current signs at the establishment. I know what valid ANPR signs look like which these are not.

The driver never entered the establishment nor paid for any form of parking there. 

Is it worth appealing to smart with insufficient signage? Unfortunately I don't have any actual photos of the carpark and too far to drive to get them. 

Coupon-mad

Yes it costs you nothing to appeal and you will then see an evidence pack from them at IAS stage that you can download and keep.

Don't expect to win at IAS but put Smart through it, if only to get their photo evidence. You never know, it might be a rare win at IAS or they might offer no contest.

If you lose you will obviously not pay anyway!