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Hi Hive mind.
Smart parking anpr pcn ntk received after 14 days. Went into car park saw the charges looked for change which I didn’t have then left car park. Total stay 11 mins 10 secs. After a fair bit of reading have cobbled together an appeal response. Does some one mind giving quick feedback on it please.
Dear Sirs,
I am writing as the registered keeper of vehicle ****** to appeal Parking Charge Notice *********( dated **********
I, as registered keeper, wish to invoke your appeals procedure. I was not the driver of the vehicle at the time and date of the alleged overstay. I note the protection of freedoms act 2012 schedule 4 section 9 states that for keeper liabilty to apply the keeper must receive a notice to keeper within 14 days. The date of the incident was 25/06/2018 and your notice to keeper is dated 13/07/2018 and delivered three days later. According to my calendar the notice to keeper should have arrived no later than 09/07/2018.
As you can see from the photos (fig 1 and 2), taken by the ANPR, the vehicle entered the car park at ****** and left the car park at ******** Paragraph 13 of the BPA CoP clearly outlines the expectations of Smart Parking in this respect. The vehicle was in the car park for 11 minutes 10 seconds. The grace period of 10 minutes is a minimum and trying to charge £60 for one minute 10 seconds is extortion.
13 Grace periods
13.1 Your approach to parking management must allow a
driver who enters your car park but decides not to park,
to leave the car park within a reasonable period without
having their vehicle issued with a parking charge notice.
13.2 You should allow the driver a reasonable ‘grace period’
in which to decide if they are going to stay or go. If the
driver is on your land without permission you should still
allow them a grace period to read your signs and leave
before you take enforcement action.
13.3 You should be prepared to tell us the specific grace period
at a site if our compliance team or our agents ask what it is.
13.4 You should allow the driver a reasonable period to leave the
private car park after the parking contract has ended, before
you take enforcement action. If the location is one where
parking is normally permitted, the Grace Period at the beginning and end
of the parking period should be a minimum of 10 minutes.
I find that the above stated PCN is defective, insomuch as it is not fully compliant with the guidelines set out in POFA, including, but not limited to, POFA 2012 Section 9, Sub-Section 2, therefore no liability can be transferred from the driver to the keeper and I demand that the PCN be cancelled. I add that I, as the registered keeper, do not expect to hear from Smart Parking again regarding this matter, except for confirmation that there will be no further action and that my personal details as the keeper of the vehicle will be removed from your records, as there is no liability.
Should this cancellation be refused, I will require a POPLA code from yourselves to further appeal your illegitimate claim.
Smart parking anpr pcn ntk received after 14 days. Went into car park saw the charges looked for change which I didn’t have then left car park. Total stay 11 mins 10 secs. After a fair bit of reading have cobbled together an appeal response. Does some one mind giving quick feedback on it please.
Dear Sirs,
I am writing as the registered keeper of vehicle ****** to appeal Parking Charge Notice *********( dated **********
I, as registered keeper, wish to invoke your appeals procedure. I was not the driver of the vehicle at the time and date of the alleged overstay. I note the protection of freedoms act 2012 schedule 4 section 9 states that for keeper liabilty to apply the keeper must receive a notice to keeper within 14 days. The date of the incident was 25/06/2018 and your notice to keeper is dated 13/07/2018 and delivered three days later. According to my calendar the notice to keeper should have arrived no later than 09/07/2018.
As you can see from the photos (fig 1 and 2), taken by the ANPR, the vehicle entered the car park at ****** and left the car park at ******** Paragraph 13 of the BPA CoP clearly outlines the expectations of Smart Parking in this respect. The vehicle was in the car park for 11 minutes 10 seconds. The grace period of 10 minutes is a minimum and trying to charge £60 for one minute 10 seconds is extortion.
13 Grace periods
13.1 Your approach to parking management must allow a
driver who enters your car park but decides not to park,
to leave the car park within a reasonable period without
having their vehicle issued with a parking charge notice.
13.2 You should allow the driver a reasonable ‘grace period’
in which to decide if they are going to stay or go. If the
driver is on your land without permission you should still
allow them a grace period to read your signs and leave
before you take enforcement action.
13.3 You should be prepared to tell us the specific grace period
at a site if our compliance team or our agents ask what it is.
13.4 You should allow the driver a reasonable period to leave the
private car park after the parking contract has ended, before
you take enforcement action. If the location is one where
parking is normally permitted, the Grace Period at the beginning and end
of the parking period should be a minimum of 10 minutes.
I find that the above stated PCN is defective, insomuch as it is not fully compliant with the guidelines set out in POFA, including, but not limited to, POFA 2012 Section 9, Sub-Section 2, therefore no liability can be transferred from the driver to the keeper and I demand that the PCN be cancelled. I add that I, as the registered keeper, do not expect to hear from Smart Parking again regarding this matter, except for confirmation that there will be no further action and that my personal details as the keeper of the vehicle will be removed from your records, as there is no liability.
Should this cancellation be refused, I will require a POPLA code from yourselves to further appeal your illegitimate claim.
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