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Thread: Smart parking pcn - overstay

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  1. #1
    Catflap123's Avatar

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    Default Smart parking pcn - overstay

    Hi guys
    i have recieved a pcn saying my vehicle overstayed 17 mins in a shopping mall car park. Initial letter wanting £60. Is the advice still the same? to ignore?. I have seen on various websites that this has changed somewhat, so im just asking for your advice as you have been most helpful in the past.
    thanks in advance
    Last edited by Catflap123; 20th April 2017 at 05:59:AM.

  2. #2
    ostell's Avatar

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    Default Re: Smart parking pcn - overstay

    Ignore has not been the advice since 2012. If they do not know the driver (how can they?) then they can hold the keeper liable under POFA legislation so don't let them know who the driver was and make them jump through the POFA hoops. Edit your first post so that the driver cannot be inferred.

    A copy of the Notice to Keeper you received, with identifying information redacted, would be handy.

    Your car was logged through the cameras as 17 minutes over but when it was going past the cameras it was moving not parking. Was this a paid car park?
    Last edited by ostell; 20th April 2017 at 08:25:AM.

  3. #3
    Catflap123's Avatar

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    Default Re: Smart parking pcn - overstay

    Hi, i have attached the letter for info and also, it was a max 2 hour paid car park and i paid.
    Attached Thumbnails Attached Thumbnails image.jpg  

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    ostell's Avatar

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    Default Re: Smart parking pcn - overstay

    You have hidden the dates (but left in your VRN! repost the image). Was the duration of parking specified? There would appear to be no notice that the keeper is liable under POFA. Here is POFA, they need to have complied with paragraph 9 in it's entirety.

    When you arrived in the car park you needed time, after passing the cameras, to find a parking space and read the conditions of parking before agreeing to stay and start the contract by paying. At the end of parking you need to leave your parking space and it takes several minutes to reach the camera again. They are required to provide a grace period of at least 10 minutes on leaving so 17 minutes is not unreasonable.

    Have you got a photo of the sign? Every little helps.

    Could you not compress your photo of the PCN so much please when you repost? The compression is making it hard to read.

  5. #5
    Catflap123's Avatar

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    Default Re: Smart parking pcn - overstay

    sorry for that.

    The car park did state that it was for 2 hours max and that is what i paid for. I do remember getting to the machine and not having any change. After going into a shop in the precinct to get change i then paid for my ticket, so actually that took a good 5 minutes or so.

    So can you please advise what i do next? do i use the appeal slip at the bottom of the notice ? im sorry to sound so stupid but im not very good with jargon.

    Thank you

  6. #6
    mystery1's Avatar

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    Default Re: Smart parking pcn - overstay

    http://legalbeagles.info/forums/show...ket-on-vehicle

    Do it online or via email. Post goes missing and costs money.

    Should win against Smart Parking at popla.

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    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

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    Catflap123's Avatar

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    Default Re: Smart parking pcn - overstay

    Ive just found the ticket from the machine and i entered the car park at 14.11 but didnt get the ticket until 14.15. So i was actually only 13 minutes over as i actually drove out. I will attach this to my appeal but would you mind giving me some advice on what to put as my mitigating circumstancea please.
    thank you again

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