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Smart parking pcn
potz33
Posts: 14 Forumite
Ok, so this morning through the post the RK received a PCN referring to a day at Brean sands in Somerset.
The letter shows 2 photos of the vehicle, one entering the car park and one leaving the car park. A ticket was purchased from a machine after parking where there was a queue - it was one of those machines that you have to enter the VRM of the vehicle which was done correctly. At this particular car park you receive two tickets one to place in the windscreen, which was done, and one to keep.
Anyway, the entrance time to the car park was 13:17:37... the ticket which has been kept oddly enough, reads expiry 17:26 So must have been purchased at 13:26 as £4 was paid for 4 hours. Reasonable charge. And the time noted by ANPR leaving the car park is 17:35:14. There was a queue at the ticket machine, there was a queue into the car park, there was a number of people driving rather slowly and attempting to get into spaces at the time of leaving and the driver has CFS/ME which causes aching joints, amongst other many issues, which results in that person being quite a slow walker.
I have read the newbies thread but I have to admit that as this is the first time this has ever happened it is all a little confusing and a lot to take in. I am aware that PCN's are not legally enforceable but there is concern that this go to court etc... any advise on what to do would be greatly received.
We don't know what to do for the best.
:mad::)
The letter shows 2 photos of the vehicle, one entering the car park and one leaving the car park. A ticket was purchased from a machine after parking where there was a queue - it was one of those machines that you have to enter the VRM of the vehicle which was done correctly. At this particular car park you receive two tickets one to place in the windscreen, which was done, and one to keep.
Anyway, the entrance time to the car park was 13:17:37... the ticket which has been kept oddly enough, reads expiry 17:26 So must have been purchased at 13:26 as £4 was paid for 4 hours. Reasonable charge. And the time noted by ANPR leaving the car park is 17:35:14. There was a queue at the ticket machine, there was a queue into the car park, there was a number of people driving rather slowly and attempting to get into spaces at the time of leaving and the driver has CFS/ME which causes aching joints, amongst other many issues, which results in that person being quite a slow walker.
I have read the newbies thread but I have to admit that as this is the first time this has ever happened it is all a little confusing and a lot to take in. I am aware that PCN's are not legally enforceable but there is concern that this go to court etc... any advise on what to do would be greatly received.
We don't know what to do for the best.
:mad::)
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Comments
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The newbies FAQ thread is daunting but nevertheless it's essential you fully understand the game you are now caught up in.
Take it slowly in chunks. Concentrate on the initial appeals and leave the section on court action till you ever get any
You didn't read here that the charges cannot be enforced! If that was the case there would be no need for this forum!0 -
It is very daunting Quentin. Especially for someone who has never once posted on any forums on here or really taken part in any other than reading them.
There is lots of information and things I have never heard of before. It isn't simple and easy to get through. I think I will simply speak to my Dad who is very good with words to see what he suggests.
All the mentions of bpa and popla etc is very daunting for someone who has never once in their life received a parking ticket. I have managed to Google to check to see if smart parking Ltd are accredited and they are with BPA. I have read the 2 letter samples but neither of them are relevant to this scenario....0 -
And no I didn't read here that they aren't enforceable. But a parjingbcharge notice is not backed by law... it is an invoice for a "breach of contract" and not backed by law. Unlike a penalty charge notice.
The issue with this "contract" is the time differences. How can something be enforceable when an able camera clocks you coming into the car park and leaving but once parked you have to walk to the ticket machine, queue and pay...?? That is what I need to query in the appeal I feel....0 -
The one in blue text is very apposite as an initial appeal. Smart may cancel if they see that or they may not and you'll need to appeal to POPLA where you will be using arguments based on the BPA's two grace periods (look them up - Section 13 of the BPA Code of Practice) and other issues which should see your charge cancelled.I have read the 2 letter samples but neither of them are relevant to this scenario....
But you still need to read and understand the sticky as there are other pieces of the jigsaw to fit in with my quick sketch above.
This gets easier the more you learn but it's no quick-fix.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
I have read about the Grace periods and believe we fall within those Grace periods. 9 mins from driving in and paying and 9 mins from time on our ticket to driving out of car park. (Issues with others around and being in the car with a very considerate driver !) Know for a fact that we didn't go over time as we were clock watching in the arcade with children!0
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At this stage realise that your circs don't make any difference.
You tackle this as advised in the faq!
Initial appeal (all typed up there for you to use)
Then if that fails come back for help constructing a POPLA appeal0 -
ok , so there have been enough examples of suitable wording to be used on here previously, as it comes up almost every day
adapt the amended wording in this thread
http://forums.moneysavingexpert.com/showthread.php?t=5702791
if they did not fail POFA2012, remove that extra addition , but keep in the GRACE PERIODS part
the paid for ticket is not relevant , its the alleged OVERSTAY they are complaining about, even though the BPA CoP covers this aspect
hence why you add a GRACE PERIODS paragraph to the blue text appeal, and change some wording to
"Should you have obtained" (past tense as its already been done)
at this stage its not rocket science, its a case of reading and adapting words already written on this forum, especially for newbies who havent come across this before0 -
Thank you Redx. I have thoroughly read through that other forum and that helps me massively. I'm not so great at wording things when I'm angry and was wondering how to put in about Grace periods and clause 13. That helps tons. Will keep you updated. Appeal going in this evening.0
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The altered template is great but the OP needs to relax.
This will be a cinch.
The registered keeper could write anything to Smart that doesn't say who was driving and you'd win at POPLA!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Quick question... I was going to send an email but there is no email address to appeal to. The template letter can I send that through on their appeal form off their website? Just rather irritating that I won't have an electronic trail to back up anything should they say I haven't appealed in the time required.
Way over thinking this I reckon! ��0
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