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Smart Parking /Tim Hortons

I have read the newbie thread but I am feeling a bit overwhelmed and uncertain, so any guidance gratefully received. I have recieved this notice through the post. I don't dispute the times stated or claim that the signs were unclear. I don't have any receipts from that day. I get the impression from the thread and chat gpt that it's worth appealing, but I am not confident - i dont think I have the energy for a very long process right now. Any guidance would be very much appreciated. This is what chat gpt suggested as an appeal letter:

I am the registered keeper of the vehicle.

I am appealing this Parking Charge Notice. I am not obliged to identify the driver and will not be doing so.

You have failed to establish keeper liability under the Protection of Freedoms Act 2012. The Notice to Keeper does not comply with the strict requirements of Schedule 4 of the Act and therefore liability cannot be transferred from the driver to the keeper.

In addition, the alleged overstay is minimal and does not properly account for mandatory grace periods required under the relevant Code of Practice. The total time recorded by ANPR includes time entering, finding a space, and exiting the car park, not simply parked time.

Given these issues, I require that this charge is cancelled.

If you reject this appeal, please provide:

1. Full evidence of POFA compliance

2. A copy of the signage terms relied upon

3. Evidence of grace periods applied

I will not make any payment unless and until this matter is properly resolved.

Yours faithfully etc

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Comments

  • Coupon-mad
    Coupon-mad Posts: 161,311 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 10 April at 8:42PM

    You do have energy to just ignore them! No work needed. There's no appeal that works.

    Defending a DCB Legal claim form works.

    Come back then.

    Obviously update them if you move address.

    Open all letters but don't post telling us about the threatograms. See post 4 of the Newbies FAQS thread for pictures of those laughable letters.

    😄

    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
  • Gr1pr
    Gr1pr Posts: 13,331 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper

    What is the free parking period on the signs. ? 90 minutes. ? 60 minutes ?The alleged breach is an overstay ( on the back. )

    Try Plan A, complaining about the pcn to the landowner or retail park or business

  • Chopsie&Chelvis
    Chopsie&Chelvis Posts: 411 Forumite
    Part of the Furniture Combo Breaker

    Free parking period was 90 mins.

    Is it just a case of going in and complaining to the manager? We don't have any receipts, but I do look shattered and ill, if getting sympathy forgiveness works 😅

  • Gr1pr
    Gr1pr Posts: 13,331 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper

    Try It, especially if you were a paying customer ? ASAP

    Find out who owns that retail park, or is the landlord, or actual landowner, because they employed the private parking company, if the business won't help, always complain first, ASAP

    GSV doesn't show signage but is 9 months old, so possibly a new contract ?

  • MothballsWallet
    MothballsWallet Posts: 15,999 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Did you pay by debit/credit card? If so, a statement should suffice.

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