Smart Parking Ticket

Pozza1984 · 7 January 2014 at 8:17PM

Hi All,

Just got home and discoverd a 'Notice to Owner' letter dated 3.01.2014 from a company called 'Smart Parking' advsingme that that a PCN was attached to my vehicle.

Looks like they are trying to charge me £90 for something.

Letter states I need to make payment, or provide information as to who was driving at the time by 10.01.2013. If not, I have to pay within 14 days (I pressume this will be from the date on the letter) and if not it will be passed on to to debt recovery agent for collection.

It also states that they believe that the issue on a PCN provides 'reasonable cause for them to obtain my details from the DVLA'

What can I do (if anything) to avoid paying the fine? I've had a look round on here and there is so much information that I just wanted to be clear.

Any help would be much appreciated :beer:

Redx · 7 January 2014 at 8:33PM

firstly , there is no FINE , NEVER WAS , NEVER WILL BE

Its a parking charge notice, an invoice for an alleged contravention of their "rules"

a fine is issued by a court or a judge, this hasnt been near either !

so for starters, look at the NEWBIES - READ THIS FIRST sticky thread at the top of this forum, about 4 down, tells you EVERYTHING you need to know, with links, templates , successful appeals, the lot , a really EXCELLENT piece of work everybody should read

ps:- do not name the driver , any replies are done as the registered keeper only, replying as the third party in this, so no "I DID THIS" etc

its "the driver did this, the driver tells me that" etc

Coupon-mad · 8 January 2014 at 2:43AM

Read the Newbies thread to see what to do when (start by reading the step by step 'walk through' guide linked in it). We can't keep individually spelling out to every other poster what to do just because they say 'oh there's a lot of information in the Newbies thread so tell me what to do from scratch'. Sorry but no, that's why I wrote the sticky thread...to save our sanity here on this constantly overstretched forum.

But we want you to win at POPLA and will help you further once you have done a little but of reading and drafted an appeal from the registered keeper (not driver).

Clue about the Smart Parking 'Notice to Owner' - there's some important info missing from it, easily found if you search the forum for keywords such as 'Smart'.

Big_Bad_Dad · 8 January 2014 at 3:49AM

Pozza1984 wrote: »

will be passed on to to debt recovery agent for collection.

This is a revelation in itself that Smart Parking won't be trying court, because if they were to, they wouldn't need to run straight to collection agencies. Unless the debt is registered (CCJ obtained), they don't have a hope of getting their paws on your money so long as you don't give in. For someone serious about legal proceedings, where does a private collection agency come into things? You simply exhaust dialogue with your target and then you sue.

It may be of further interest to you to know that if the Protection of Freedoms Act is being cited, and this collection agency produces a figure greater than that of the Notice to Keeper (NtK) from Smart, the whole nexus has stuffed itself and you can be sure it is a bluff. The maximum permitted in POFA legislation is the figure of the NtK.

Pozza1984 · 9 January 2014 at 9:03AM

Thanks guys.

I did have a quick scan of the sticky thread but all the jargon went over my head.

I will have a proper read of it later today and get the wheels in motion to get rid of the annoyance!

Redx · 9 January 2014 at 9:45AM

the jargon goes over everybodys head at first, hence why you need to sit down and study it carefully and get up to speed on the subject same as we all did when first coming on this part of the forum, usually due to similar events

Coupon-mad · 9 January 2014 at 1:53PM

The only jargon in the sticky is the acronyms and they are all explained first!

Pozza1984 · 9 January 2014 at 5:08PM

I think thats what put me off, but after reading it properly now I think I understand it a bit better.

Going to go to the shop after work and see what they say, if they cant do anything then I will go down the 'soft appeal' to the PCC approach using one of the example letters on one of the links.

As I didn't buy anything I guess im best using the pre-estimate of loss, and or the signage route?

Apoligies for just creating the thread with not really reading the sticky properly, all the text was overwhelming but now i've read it, it does seem quite simplte.

Redx · 9 January 2014 at 5:24PM

yep, like this stroma letter

Dear Smart Parking,

As the registered keeper of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to your company is denied on the following:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with the BPA Code of Practice
3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass

These points and others will be raised with Popla should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.

If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

Please issue your cancellation within 35 days of this letter, or forward a popla verification code.

Faithfully

Umkomaas · 9 January 2014 at 6:12PM

Pozza1984 wrote: »

I think thats what put me off, but after reading it properly now I think I understand it a bit better.

Going to go to the shop after work and see what they say, if they cant do anything then I will go down the 'soft appeal' to the PCC approach using one of the example letters on one of the links.

As I didn't buy anything I guess im best using the pre-estimate of loss, and or the signage route?

Apoligies for just creating the thread with not really reading the sticky properly, all the text was overwhelming but now i've read it, it does seem quite simplte.

Well done, you're getting there. It might take one or two reads to start to get this stuff into your bloodstream, but you're definitely on the right track with your outline 'plan of action' above.

Pozza1984 · 9 January 2014 at 7:59PM

Cheers for the letter Redx. I had seen another couple but that seems less complicated and more to the point so will go with something similar to that.

Heres hoping they drop it from that and its the end of it!

Smart Parking Ticket

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