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  • FIRST POST
    • Sophies Mum 14
    • By Sophies Mum 14 8th Apr 18, 8:43 PM
    • 3Posts
    • 4Thanks
    Sophies Mum 14
    PCN from Smart Parking- Confused
    • #1
    • 8th Apr 18, 8:43 PM
    PCN from Smart Parking- Confused 8th Apr 18 at 8:43 PM
    I am the keeper of a vehicle and have received a PCN stating that a driver of my car overstayed in a B & M Car Park on March 17th. I have read the Newbies thread but have ADHD which makes it hard for me to take in large amounts of written information and to understand salient points. I also struggle wih applying hypothetical multiple choice options to present scenarios so despite having read that thread and multiple others numerous times I am not sure whether I have understood correctly. This car park was previously managed by G24 who allowed a 2 hour stay but at some point the car park has changed to Smart Parking who have reduced it to 90 minutes. The over stay was 38 minutes. The PCN is for 17th March overstay, it is dated 29th March, it arrived on 6th April, this may in part be due to the fact that the Friday and Monday were both Bank holidays. I read about the 14 days to issue this to the keeper- do I mention this? Am I right in thinking I should not pay and should send the bog standard template in blue on smart parkings website for PCN by post?
    Last edited by Sophies Mum 14; 10-04-2018 at 8:31 AM.
Page 1
    • Redx
    • By Redx 8th Apr 18, 8:59 PM
    • 19,586 Posts
    • 24,894 Thanks
    Redx
    • #2
    • 8th Apr 18, 8:59 PM
    • #2
    • 8th Apr 18, 8:59 PM
    YES, just send the template as is

    if they have failed POFA2012 , on wording and/or timescales, those will go into any subsequent popla appeal

    for now just send the bog standard template , as KEEPER (no revealing who the driver was , to anyone)

    edit post #1 to remove any hint of who was driving

    THE DRIVER parked on the day

    THE KEEPER has received all subsequent mail

    2 different entities
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Guys Dad
    • By Guys Dad 8th Apr 18, 10:02 PM
    • 10,616 Posts
    • 9,974 Thanks
    Guys Dad
    • #3
    • 8th Apr 18, 10:02 PM
    • #3
    • 8th Apr 18, 10:02 PM
    Failed on out of time. 17th March was a Saturday so NtK had to be served by the Friday 2 weeks later (29th). However, that was a Bank Holiday, as you say. That meant they had to have it in your hands by the Thursday (28th).

    POFA says they must allow for 2 days delivery, so the NtK had to be sent on the 26th.

    Complete failure on Keeper Liability , but remember NEVER to say who was driving.

    I disagree with other regulars on here and would appeal on out of time as a first stage appeal to the PPC, but as long as you realise that the bog standard appeal as mentioned above may be turned down and don't get disheartened, then as said you can use out of time as the POPLA appeal point.

    Apart from costing the PPC the POPLA fee, I can't see the point of saving it for the 2nd stage appeal and wasting all that time, but in either scenario, you will win.
    • Coupon-mad
    • By Coupon-mad 8th Apr 18, 10:05 PM
    • 62,736 Posts
    • 75,656 Thanks
    Coupon-mad
    • #4
    • 8th Apr 18, 10:05 PM
    • #4
    • 8th Apr 18, 10:05 PM
    No need for that though.

    Timing means nothing at all with a Smart PCN because they are worded to be non-POFA anyway.

    The date is irrelevant.

    Hence why it's easiest for a newbie to simply submit the template appeal online to Smart, as registered keeper, NOT by post.
    • Sophies Mum 14
    • By Sophies Mum 14 10th Apr 18, 8:34 AM
    • 3 Posts
    • 4 Thanks
    Sophies Mum 14
    • #5
    • 10th Apr 18, 8:34 AM
    • #5
    • 10th Apr 18, 8:34 AM
    Thanks everyone I will do the first stage appeal and then if needs be appeal to POPLA on the other points.
    • Sophies Mum 14
    • By Sophies Mum 14 9th May 18, 1:41 PM
    • 3 Posts
    • 4 Thanks
    Sophies Mum 14
    • #6
    • 9th May 18, 1:41 PM
    • #6
    • 9th May 18, 1:41 PM
    Just wanted to say thanks again today I received a notification that the parking charge had been cancelled all thanks to the template and your kind advice
    • Le_Kirk
    • By Le_Kirk 9th May 18, 4:24 PM
    • 3,285 Posts
    • 2,229 Thanks
    Le_Kirk
    • #7
    • 9th May 18, 4:24 PM
    • #7
    • 9th May 18, 4:24 PM
    That's good news.
    • Redx
    • By Redx 9th May 18, 4:27 PM
    • 19,586 Posts
    • 24,894 Thanks
    Redx
    • #8
    • 9th May 18, 4:27 PM
    • #8
    • 9th May 18, 4:27 PM
    agreed , well done

    you followed our advice exactly, and got the correct result
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • waamo
    • By waamo 9th May 18, 4:38 PM
    • 4,422 Posts
    • 5,811 Thanks
    waamo
    • #9
    • 9th May 18, 4:38 PM
    • #9
    • 9th May 18, 4:38 PM
    For once Smart have actually been smart and realised they are not going to win.
    This space for hire.
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