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  • FIRST POST
    • rachel261186
    • By rachel261186 17th May 18, 6:06 PM
    • 2Posts
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    rachel261186
    Appealing a Smart Parking charge
    • #1
    • 17th May 18, 6:06 PM
    Appealing a Smart Parking charge 17th May 18 at 6:06 PM
    First time posting here but hoping for some help with if I can appeal to a parking charge issued by smart parking.
    The car was on the land in question for 14 minutes as picked up by ANPR cameras (didn't realise these were on the car park). I have read under the BPA they must issue a letter within 14 days of which they haven't.
    I have drafted a letter and wondering if anyone could help me decide if I have a case for appeal and if the content of my letter is correct.


    Any help would be much appreciated.


    Here is my draft so far.....




    On the 24th April 2018 Smart Parking issued the keeper of this vehicle with a Parking Charge Notice which required payment of 100. However, as the keeper of the vehicle I feel the ticket was unfairly issued and that no sums are owed because:





    • Letter to keeper was not issued within the mandatory 14 days, as no windscreen PCN was issued:
      The keeper of this vehicle has been issued a Parking Charge Notice for an incident which took place on the 24/04/2018. The letter to notify of the parking notice was not constructed by the company until 9/05/2018. This is 15 days after the contravention. The letter did not arrive with the keeper until the 12/05/2018, 18 days after. In keeping with the British Parking Association (BPA) of which Smart Parking is accredited with the flow chart in appendix E states that "you must deliver letter to keeper within 14 DAYS after the issue event occurred" this process was not adhered to. I am therefore challenging the fine on these grounds. Please either rely on the POFA 2012 and offer a POPLA code, or cancel the charge sent to the keeper
    • The fine of 100 is clearly excessive. It does not reflect any genuine loss to the landowner of such amount and is particularly unfair in the present case because:
      The amount to park for 1 hour is 1. Given that the keepers car was only on the land in question for 14 minutes the charge is disproportionate to the cost of parking on this land. This has not given enough of a grace period for the driver to find an appropriate parking space with a small child and obtain appropriate change from a busy town centre. The driver then chose to leave the car park due to other prior arrangements.

      For the reasons outlined above, I look forward to receiving notification within 28 days that the Parking Charge Notice has been cancelled. I have kept proof of submission of this appeal and look forward to your reply.
    Thanks in advance to anyone that can help guide me
Page 1
    • Redx
    • By Redx 17th May 18, 6:25 PM
    • 18,491 Posts
    • 23,409 Thanks
    Redx
    • #2
    • 17th May 18, 6:25 PM
    • #2
    • 17th May 18, 6:25 PM
    you could use something like that appeal as long as the driver is not identified

    however , we usually tell people to use the template in post #1 of the NEWBIES FAQ sticky thread. you could add the POFA2012 part to it if you wanted to

    as for the word "fine" , there isnt one, its an INVOICE , a charge , a Parking Charge Notice (the legal word "fine" wont be on any of their paperwork, you made that up)

    AND the part about the 100 being excessive and not a gpeol may not work post-BEAVIS so is not really relevent

    the fact they failed POFA2012 means that as keeper you cannot be held responsible , its that simple, regardless of what happened on the day with the driver
    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
    • rachel261186
    • By rachel261186 17th May 18, 6:48 PM
    • 2 Posts
    • 0 Thanks
    rachel261186
    • #3
    • 17th May 18, 6:48 PM
    • #3
    • 17th May 18, 6:48 PM
    Thanks Redx for your reply I really appreciate it.


    I will change the work "fine" in my letter.


    Do you recon in your opinion I remove the section on the 100 and just appeal on the grounds I did not receive the parking charge notice within 14 days?


    Sorry I'm really struggling with constructing the letter but do not want to get it wrong and I'm aware I have more ground to stand on appealing as the keeper of the vehicle?


    Thanks again
    • Redx
    • By Redx 17th May 18, 7:08 PM
    • 18,491 Posts
    • 23,409 Thanks
    Redx
    • #4
    • 17th May 18, 7:08 PM
    • #4
    • 17th May 18, 7:08 PM
    I would add your POFA2012 issues in your draft to the template appeal letter posted in post #1 of the NEWBIES FAQ sticky thread , do not cloud it with issues that may not work due to the BEAVIS case

    ie:- you have a strong appeal point in them failing POFA2012 so a keeper is not liable , so the rest isnt relevant at this stage
    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
    • Coupon-mad
    • By Coupon-mad 17th May 18, 9:26 PM
    • 59,465 Posts
    • 72,641 Thanks
    Coupon-mad
    • #5
    • 17th May 18, 9:26 PM
    • #5
    • 17th May 18, 9:26 PM
    Why don't you just use the template appeal from the NEWBIES thread as is, like lots of people have done v Smart?

    Honestly you DO NOT NEED to add waffle about the POFA, to a firm who do not use the POFA!

    https://forums.moneysavingexpert.com/showthread.php?p=74295145#post74295145

    https://forums.moneysavingexpert.com/showthread.php?t=5813008

    No idea why you are writing your own.

    One plus point of the template is they KNOW you are on MSE, and they will likely fold. AGAIN.

    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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