Wrong car park

[littlesally]

I have just received a parking fine from 'P SMART PARKING.
The car was parked in what was thought to be an Asda car park. The space was right by Asda entrance. It appears it was a car park for Travel Lodge.
It looks like one big car park for Asda but it appears part of it is for Travel Lodge.
What do I do?

[ostell]

Re: Wrong car park

First of all remove all references to who was driving by editing your post. "The driver did this.....", "The driver did that". And remove the PCN number and bar code and Vehicle registration from the image.

From your posted up copy of the Notice to Keeper they do not appear to be claiming keeper liability under the Protection of Freedoms Act (POFA). Is that mentioned anywhere?

The area were the car was parked was probably subject to byelaws and SMART have realised that they cannot use POFA to hold the keeper liable, only the driver at the time, who they do not know, can be held liable so you don't tell them.

Simple bogoff appeal if there is no mention of POFA

I am the registered keeper of vehicle VRN xxxxxx and in receipt of parking charge number xxxxxx Your notice fails to comply with the requirements of POFA to hold me liable for the alleged charge. Indeed I have reasonable belief that byelaws apply at this location and therefore it is not relevant land for the purpose of POFA. Only the driver at the time can be held liable and I have no legal obligation to identify that person.

As there can be no liability I do not expect to hear from you again apart from confirming within 21 days that the charge has been cancelled and you have removed my details from your records. Please take this as a request under section 10 of the Data Protection Act to prevent further distress and harassment.

[littlesally]

Re: Wrong car park

Thank you.
Will try that letter.
So annoyed as I'm a careful parker, look out for signs etc. This car park is right by Asda entrance ��

[ostell]

Re: Wrong car park

Last post is hinting at driver again! You've got to be very careful the parking companies read forums and have been know to use them as evidence in court.

[maggystan]

Re: Wrong car park

Yeah..... I've seen many cases where things like this happen. but do they really put that much effort in scenarios like this?

[charitynjw]

Re: Wrong car park

Yes maggystan, they do.