Going forward

Paddyswag · 11 April 2018 at 5:26PM

Hello to you all,

I have had a look at the previous threads etc, but cannot find anything reference what is classed as evidence and what is not?

My situation is as follows,

Yesterday 10th April i received a Parking charge notice from "Smart Parking", for an alleged breach of terms on 22/03/2018.......etc. The letter was dated 06/04/2018.

It shows my vehicle entering said carpark at 09:08:22 and exiting at 16:59:45.

The vehicle visited the carpark twice that day The Nisa delivery lorry(delivers every Thursday morning) was in and it parks right in front of the camera.

The van then went back to carpark later that day about the 16.55.

So what i am basically asking is, if it comes to going to court(obviously) worst case scenario) would this be sufficient evidence to prove my innocence so to speak.

I also noticed that they hit the 15 day target just with the dated letter.

kind regards

KeithP · 11 April 2018 at 5:32PM

What date were you in the car park?

Who are the car park company?

Have you complained to any of the retailers, e.g. the coffee shop, about this?

You now need to read post #1 of the NEWBIES FAQ sticky thread to see the game you are now caught up in.

Send the template appeal to the PPC. No need to add anything. Just send it as it is.

Yes, of course evidence of being elsewhere during that time is valuable evidence. Do not lose it.

System · 11 April 2018 at 5:33PM

Search for "double dip" and you'll find all the threads you need for your case.

Or write back and tell them to swivel.

Paddyswag · 11 April 2018 at 5:40PM

Thanks for responses have read the threads and understand the game, the date i was in (sorry thought i had included it)date of contravention was 22/03/2018.

i was just after a clue on the strength of my evidence really

beamerguy · 11 April 2018 at 5:45PM

Well done for having the evidence and being able to prove
where you were at the times stated.

This is called double dipping and the times stated came
from an ANPR camera

These cameras, well known to be cr*p and not suitable
for purpose

You have the proof now call out the hand of Smart and
request the logs of the ANPR for that day.
They are reluctant to provide this info

However, if you have the proof you say, if this ever went
to court, very doubtful, you would win.

Smart are known scammers so play their game, appeal
and provide proof and if they reject it, you can then
further appeal to POPLA

Castle · 11 April 2018 at 5:47PM

Paddyswag wrote: »

Thanks for responses have read the threads and understand the game, the date i was in (sorry thought i had included it)date of contravention was 22/03/2018.

i was just after a clue on the strength of my evidence really

If the contravention date was 22/3/18 then it must arrive by the 14th day after that; namely by 5th April. Therefore, the latest it can be dated is 3rd April, so your NTK fails to comply with the POFA2012 requirements.

So edit any mention of the Driver from your first post

Paddyswag · 11 April 2018 at 5:59PM

Is that better ?

regards

KeithP · 11 April 2018 at 6:00PM

Check here for the likelihood of court action:

www.bmpa.eu/companydata/Smart_Parking.html

Nearly a million tickets issued in over three years, but only 36 court appearances.

Of course, no-one can predict the future.

Castle · 11 April 2018 at 6:06PM

Paddyswag wrote: »

Is that better ?

regards

Yes...thanks

Guys_Dad · 11 April 2018 at 7:43PM

Castle wrote: »

If the contravention date was 22/3/18 then it must arrive by the 14th day after that; namely by 5th April. Therefore, the latest it can be dated is 3rd April, so your NTK fails to comply with the POFA2012 requirements.

So edit any mention of the Driver from your first post

Absolutely right.
Please read http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted.

In particular, section 9 beginning "9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met."

Don't be put off by the legal wording. Basically it says that the Registered Keeper can not be held liable if a charge relying on ANPR is not in the RK's hands within 15 days. But you have to be very careful not to say who was driving, so no "I" or "me", just use "the keeper" and "the driver" as appropriate

The 22nd March to the 6th April date of the NtK is way outside that timescale.

That will be your winning appeal point - you don't need any other as long as
(a) the PPC is not claiming to have stuck a windscreen ticket on your car and it is a charge based solely on photographic (usually ANPR) evidence
(b)..and this is vital - you do not admit who was driving. If you do, you can forget the "golden ticket appeal" I have just outlined.

Search this forum for "out of time" for other threads similar to yours.

Ralph-y · 11 April 2018 at 8:00PM

you need to understand the nature of the beast ....

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.

Ralph:cool:

Going forward

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