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  • FIRST POST
    • Soapy goat
    • By Soapy goat 14th Jun 19, 10:33 AM
    • 3Posts
    • 0Thanks
    Soapy goat
    Smart parking postal pcn.
    • #1
    • 14th Jun 19, 10:33 AM
    Smart parking postal pcn. 14th Jun 19 at 10:33 AM
    Hello everyone

    Now not sure what to do with pcn sent in the post by smart parking.

    Now reason wondering what to do was driver never intended to stop in the carpark run by them. Due to daughter being sick in the car and unfortunately the first safe place to pull over was the long stay car park at train station. Now pcn states was there for 27 minutes according to their anpr camera system they have in place. So driver pulled in and tried to stop her being sick/catch remaining sick and also clean up the mess caused so other children in car didn't get ill themselves. Now driver didn't pay for parking as that wasn't really the first thing on their mind at time.

    So really not sure where to go with this as there is no proof of her illness and the local car wash don't hand out receipts ( you do get a nice car air freshener though)

    Any help would be appreciated as don't want to pay 60 fine because daughter was being sick in car
    Last edited by Soapy goat; 14-06-2019 at 11:23 AM.
Page 1
    • Fruitcake
    • By Fruitcake 14th Jun 19, 10:43 AM
    • 40,604 Posts
    • 90,171 Thanks
    Fruitcake
    • #2
    • 14th Jun 19, 10:43 AM
    • #2
    • 14th Jun 19, 10:43 AM
    Start by editing your post to remove information about who did what. Only ever refer to The Driver and The Keeper, who are two different people.

    Do this before you do anything else. Parking scammers read these fora.

    Next, read the sticky thread for NEWBIES that was just underneath where you clicked on the New Thread button, then send the appeal template in blue text you will find there in post 1, unedited from the keeper.

    This assumes the event and keeper were in England or Wales.

    Was this a railway station car park where railway byelaws apply, or a car park near a station?

    In future, if you need to sop because someone is ill, stop on double yellow lines if possible, not on private land.
    Last edited by Fruitcake; 14-06-2019 at 10:47 AM.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Soapy goat
    • By Soapy goat 14th Jun 19, 11:49 AM
    • 3 Posts
    • 0 Thanks
    Soapy goat
    • #3
    • 14th Jun 19, 11:49 AM
    • #3
    • 14th Jun 19, 11:49 AM
    Hi fruitcake

    Thanks for your reply

    Will get the template saved and send them this on the appeals process

    It's the stations own carpark just managed by smart on their behalf so believe falls under railway bylaws

    Ordinarily driver would have stopped on double yellow but this particular road is main bus route in to city bus station so not safe to park up and deal with incident
    • Fruitcake
    • By Fruitcake 14th Jun 19, 1:11 PM
    • 40,604 Posts
    • 90,171 Thanks
    Fruitcake
    • #4
    • 14th Jun 19, 1:11 PM
    • #4
    • 14th Jun 19, 1:11 PM
    Hi fruitcake

    Thanks for your reply

    Will get the template saved and send them this on the appeals process

    It's the stations own carpark just managed by smart on their behalf so believe falls under railway bylaws

    Ordinarily driver would have stopped on double yellow but this particular road is main bus route in to city bus station so not safe to park up and deal with incident
    Originally posted by Soapy goat

    Good, so you need to do the initial appeal and then PoPLA appeal as late as possible without missing either deadline to eat up as much of the next six months as possible. After that point the PCN becomes statute barred.

    In addition, only the landowner or train company can start proceedings in a magistrates court, but the scammers cannot pass the keeper's details to either of them without breaching the DPA/GDPR.

    The driver can be liable for a railways byelaw offence, and the owner may be liable, but the keeper cannot be liable.
    This will be an appeal point at PoPLA, and also the reason why the driver's identity must never be revealed.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Soapy goat
    • By Soapy goat 14th Jun 19, 1:42 PM
    • 3 Posts
    • 0 Thanks
    Soapy goat
    • #5
    • 14th Jun 19, 1:42 PM
    • #5
    • 14th Jun 19, 1:42 PM
    Believe that the station is owned by network rail. Managed by east Midlands trains and car park is run by smart parking on their behalf.

    So need to post reply before 28 days is up from day of incident or guessing the day the letter was sent out being the 11th june.

    And best re-read that newbie thread on what to do
    • Fruitcake
    • By Fruitcake 14th Jun 19, 2:16 PM
    • 40,604 Posts
    • 90,171 Thanks
    Fruitcake
    • #6
    • 14th Jun 19, 2:16 PM
    • #6
    • 14th Jun 19, 2:16 PM
    Believe that the station is owned by network rail. Managed by east Midlands trains and car park is run by smart parking on their behalf.

    So need to post reply before 28 days is up from day of incident or guessing the day the letter was sent out being the 11th june.

    And best re-read that newbie thread on what to do
    Originally posted by Soapy goat
    The NTK will give you the date by which you should appeal. Send it online, unaltered, from the keeper a day or two before that, but don't miss the deadline.
    Be careful with drop down boxes that change if you click elsewhere o the age. Make sure you have selected keeper before you submit the send button.
    In addition, make sure you take a screenshot before sending it as well.
    Last edited by Fruitcake; 14-06-2019 at 2:24 PM.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • The Deep
    • By The Deep 14th Jun 19, 2:22 PM
    • 15,203 Posts
    • 15,862 Thanks
    The Deep
    • #7
    • 14th Jun 19, 2:22 PM
    • #7
    • 14th Jun 19, 2:22 PM
    Read what Pete Wishert, Mp. Said in the House od Commons recently abour Smart Parking.

    "I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.

    The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices."

    Nine times out of ten these tickets are scams so complain to your MP.

    Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

    BTW, it is not a fine, it is an invoice. It need only be paid if a judge orders it in court. We call it a scam.
    You never know how far you can go until you go too far.
    • waamo
    • By waamo 14th Jun 19, 2:25 PM
    • 7,881 Posts
    • 10,748 Thanks
    waamo
    • #8
    • 14th Jun 19, 2:25 PM
    • #8
    • 14th Jun 19, 2:25 PM
    If they offer POPLA you have a sure fire win with a not relevant land issue.

    If they don't know who was driving and can't use POFA they are stuffed.
    This space for hire.
    • Coupon-mad
    • By Coupon-mad 15th Jun 19, 12:10 AM
    • 76,496 Posts
    • 89,853 Thanks
    Coupon-mad
    • #9
    • 15th Jun 19, 12:10 AM
    • #9
    • 15th Jun 19, 12:10 AM
    Smart Parking always fold when they see the unchanged NEWBIES thread appeal!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
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