PCN-Smart Parking Ltd -Letter never received

sunshine321_2 · 13 July 2017 at 7:26PM

Hi guys, do you think that this letter is okay to send out?

Many thanks in advance

To whom it may concern,

Re PCN number:!XXX

I am the keeper of the vehicle and am aware of your purported 'parking charge'. The driver will not be identified.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I require the following information so that I can make an informed decision:

1. Evidence of your initial attempt to contact the registered keeper at the apparent parking charge date. As the registered keeper I confirm that I have not received any correspondence in respect of alleged parking charge

2. Who is the party that contracted with your company and are they the landowner?

3. Name and contact details of the landowner

4. Is your charge based on damages for breach of contract? Answer yes or no.!

5. Please provide!all!photographs taken of this vehicle, alleged driver as well as evidence beyond doubt of said contravention

Do not send further debt collector letters or other means of communication through debt collectors and do not add any costs, which would be a thinly-veiled attempt at 'double recovery'. I did get in touch with your third party the day after receiving their initial letter making it clear that I have never been contacted by yourselves whatsoever as the registered keeper of the vehicle in relation to purported parking charge henceforth will not respond further to debt collectors and involvement of a third party demonstrates a failure to mitigate your costs as well as deliberate and knowing misuse of my data.!

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, as seems likely based on my research) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court through your third party for the ordinary matter of a driver using my car without causing any obstruction nor offence which has been evidenced beyond doubt thus far, has caused significant distress to me. I do not give you consent to process data relating to me or this vehicle.

I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,!

Coupon-mad · 13 July 2017 at 8:40PM

I thought Riverside shopping park were being asked to cancel it?

It's too late to appeal, you won't get it cancelled except by the landowner.

sunshine321_2 · 13 July 2017 at 10:09PM

Hi there,

Yes, not actually sure who the landowners are have asked that in the above draft letter though

Not sure what else I can do at the stage?

Coupon-mad · 13 July 2017 at 10:18PM

The parking firm are not going to tell you. Google the place.

sunshine321_2 · 14 July 2017 at 7:31AM

Have done no word on who the landowners are

Half_way · 14 July 2017 at 7:51AM

This the place? http://www.erith-riverside.co.uk
big clue are bottom of the page.

Coupon-mad · 14 July 2017 at 12:45PM

sunshine321 wrote: »

Have done no word on who the landowners are

Seriously? I have never seen a set of Google results re a named retail park, that doesn't give an email address or name of landowner/site agent. You were actually looking at the Google results and not just one webpage and expecting it to be shouted from the top of a page?

Any newspaper article or corporate advert about shop units available, is going to tell you who runs it.

matherine · 6 May 2018 at 5:50PM

Just in case your list of similar cases came to anything, Fruitcake - the exact same thing has happened to me. DCP, on behalf of Smart Parking, on behalf of M&S - right out of the blue for a supposed overstay at the start of March. Naturally can't remember what on earth I was doing that day.
I have appealed already online with Smart Parking, but perhaps it is too late for that?
I have a Strongly Worded Letter ready for M&S, I apparently have to phone the store before I can get an email address for the manager but I'm intending to email him as I would rather have it all written down. Reading through the forums here I was hopeful that M&S would see sense but I've now found quite a few posts on other sites about the very same car park and M&S are hiding behind "We don't operate the car park" even though it says M&S in whopping letters above the entrance, and they claim on their website to have a car park.
I also found a post that says Smart Parking love to pursue people in my area as it's so lucrative, and that they never back down. :-(

Umkomaas · 6 May 2018 at 8:01PM

I apparently have to phone the store before I can get an email address for the manager

Why not go for the big cheese?

Mr Steve Rowe Chief Executive. Email steve.rowe@marks-and-spencer.com

Coupon-mad · 6 May 2018 at 9:29PM

matherine wrote: »

Just in case your list of similar cases came to anything, Fruitcake - the exact same thing has happened to me. DCP, on behalf of Smart Parking, on behalf of M&S - right out of the blue for a supposed overstay at the start of March. Naturally can't remember what on earth I was doing that day.
I have appealed already online with Smart Parking, but perhaps it is too late for that?
I have a Strongly Worded Letter ready for M&S, I apparently have to phone the store before I can get an email address for the manager but I'm intending to email him as I would rather have it all written down. Reading through the forums here I was hopeful that M&S would see sense but I've now found quite a few posts on other sites about the very same car park and M&S are hiding behind "We don't operate the car park" even though it says M&S in whopping letters above the entrance, and they claim on their website to have a car park.
I also found a post that says Smart Parking love to pursue people in my area as it's so lucrative, and that they never back down. :-(

Read this, someone needs to collate a number of cases (over a dozen) and put them in front of Steve Clark at the BPA. I am genuinely fed up with Smart doing this and they need investigating.

The BPA WILL NOT do that basis on one complaint at a time:

https://forums.moneysavingexpert.com/showthread.php?p=74233166#post74233166

HTH

PCN-Smart Parking Ltd -Letter never received

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