• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeagles® is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Smart Parking PCN

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Smart Parking PCN

    Hi,

    Have received a PCN from Smart Parking.

    Have not appealed with Smart Parking yet, but as I have not ID'd the Driver, how do I appeal using defence under PoFA? In the PCN, they have not mentioned the Driver at all and there is no information on who the liable party for the PCN is?
    Only the address field has my details (as I am the keeper).

    Is there a Template I could have a look at?
    Have been looking in the forum, but can't find any appeal templates.

    My Smart Parking PCN states the vehicle entered the car park at 17:22 and left at 20:20, the signage said you have to pay for parking until 18:00.

    The Driver did not pay for the car park as the machine did not work at the time (no photos of the machine taken) and as there was only 35 mins left, assumed it would be fine and did not realise there was CCTV being taken.

    So, as the Keeper of the vehicle, on what grounds should / could I appeal (please help me with a template letter)?

    Unable to redact the PCN, but it's the same wording as the what was uploaded in the thread below:

    https://legalbeagles.info/forums/for...us-pcn-as-well


    I have attached my appeal letter, please let me know if I can add anything more or if anything is incorrect?

    Thanks

    PCN Popla Appeal.docx
    Tags: None

  • #2
    Hi

    Any chance you could post up pics of site signage as well as the PCN?
    If you're still having problems uploading, we could help with that.

    Probably best to hold fire re your POPLA appeal letter for the moment.
    Last edited by charitynjw; 13th July 2019, 09:08:AM.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      That appeal is absolute rubbish! You are claiming no PCN and yet you have mentioned a PCN in your post.

      Do as others do and cover the identifying data with strips of paper or make a copy and use a marker pen on the copy and then a decent photo. Save to a hosting site, imgur springs to mind, and put the link on here

      There may be subtle differences between the 2 PCNs

      Comment


      • #4
        Originally posted by ostell View Post
        That appeal is absolute rubbish! You are claiming no PCN and yet you have mentioned a PCN in your post.

        Do as others do and cover the identifying data with strips of paper or make a copy and use a marker pen on the copy and then a decent photo. Save to a hosting site, imgur springs to mind, and put the link on here

        There may be subtle differences between the 2 PCNs
        Hi, thanks for the feedback.

        Please see attached below.

        Thanks Redacted.pdf

        Comment


        • #5
          Originally posted by bobosh13 View Post
          Hi,

          Have received a PCN from Smart Parking.

          Have not appealed with Smart Parking yet, but as I have not ID'd the Driver, how do I appeal using defence under PoFA? In the PCN, they have not mentioned the Driver at all and there is no information on who the liable party for the PCN is?
          Only the address field has my details (as I am the keeper).

          Is there a Template I could have a look at?
          Have been looking in the forum, but can't find any appeal templates.

          My Smart Parking PCN states the vehicle entered the car park at 17:22 and left at 20:20, the signage said you have to pay for parking until 18:00.

          The Driver did not pay for the car park as the machine did not work at the time (no photos of the machine taken) and as there was only 35 mins left, assumed it would be fine and did not realise there was CCTV being taken.

          So, as the Keeper of the vehicle, on what grounds should / could I appeal (please help me with a template letter)?

          Unable to redact the PCN, but it's the same wording as the what was uploaded in the thread below:

          https://legalbeagles.info/forums/for...us-pcn-as-well


          I have attached my appeal letter, please let me know if I can add anything more or if anything is incorrect?

          Thanks

          [ATTACH]n1476131[/ATTACH]
          Thanks.

          I live quite far from car park and won't be able to get pictures in the next few weeks.

          But I have uploaded the scan of the letter above.

          Could you please let me know how I can appeal. Also, I need to appeal on the Smart Parking website first, but what reason do I give them?

          d
          Thanks

          Comment


          • #6
            Originally posted by bobosh13 View Post
            Hi,

            Have received a PCN from Smart Parking.

            Have not appealed with Smart Parking yet, but as I have not ID'd the Driver, how do I appeal using defence under PoFA? In the PCN, they have not mentioned the Driver at all and there is no information on who the liable party for the PCN is?
            Only the address field has my details (as I am the keeper).

            Is there a Template I could have a look at?
            Have been looking in the forum, but can't find any appeal templates.

            My Smart Parking PCN states the vehicle entered the car park at 17:22 and left at 20:20, the signage said you have to pay for parking until 18:00.

            The Driver did not pay for the car park as the machine did not work at the time (no photos of the machine taken) and as there was only 35 mins left, assumed it would be fine and did not realise there was CCTV being taken.

            So, as the Keeper of the vehicle, on what grounds should / could I appeal (please help me with a template letter)?

            Unable to redact the PCN, but it's the same wording as the what was uploaded in the thread below:

            https://legalbeagles.info/forums/for...us-pcn-as-well


            I have attached my appeal letter, please let me know if I can add anything more or if anything is incorrect?

            Thanks

            [ATTACH]n1476131[/ATTACH]
            Sorry, the above was meant for CharityNJW

            Comment


            • #7
              You've redacted all of the dates on the PCN.....could you clarify the date of the contravention & the date of issue (or date of sending)?

              The pic of the PCN is a bit fuzzy, but there doesn't appear to be an invitation for the registered keeper to ID the driver?
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                There is no period of parking 9 (2) (a), no statement that the driver is liable for the charge 9 (2) (b), no invitation to keeper 9 (2) (e), no warning of keeper liability 9 (2) (f). In all they have failed to comply with POFA and therefore can not transfer liability from the driver at the time to the keeper. There is no legal requirement to identify the driver and you will not be doing so. You do not expect to hear from them again, other than to confirm no further action will be taken

                that's the basis of your appeal as the keeper.

                Comment


                • #9
                  Originally posted by ostell View Post
                  There is no period of parking 9 (2) (a), no statement that the driver is liable for the charge 9 (2) (b), no invitation to keeper 9 (2) (e), no warning of keeper liability 9 (2) (f). In all they have failed to comply with POFA and therefore can not transfer liability from the driver at the time to the keeper. There is no legal requirement to identify the driver and you will not be doing so. You do not expect to hear from them again, other than to confirm no further action will be taken

                  that's the basis of your appeal as the keeper.
                  Thanks this is very helpful.

                  Will put together the appeal letter

                  Comment


                  • #10
                    If you hunt around you will find some, there are some under my I'd.

                    don't go into a great spiel, just keep to the points. Post on here first for critique before you send.

                    Comment


                    • #11
                      Originally posted by bobosh13 View Post

                      Thanks this is very helpful.

                      Will put together the appeal letter
                      Thanks,

                      Appealed yesterday on Smart Parking website, but never got a confirmation email, so reappealed taking screenshots this time.

                      The text of the appeal is as follows:

                      Hi,

                      I would like to appeal to the PCN, as the Keeper of the vehicle.
                      I would like to ask you to cancel the PCN as it does not comply with PoFA, based on the following reasons:
                      - the pcn does not mention the period of parking 9(2)(a) a- just the pictures and times of the vehicle entering and leaving the car park
                      - there is no statement that the driver is liable for the charge 9(2)(b)
                      - no warning of keeper liability 9(2)(f)
                      - no invitation to keeper 9(2)(e)

                      I believe that based on the above, you have failed to comply with POFA and therefore can not transfer liability from the driver at the time to the keeper.
                      There is no legal requirement to identify the driver and I will not be doing so.

                      Regards,

                      Comment


                      • #12
                        Is it normal for Smart Parking not to send a confirmation of Appeal? I haven't received anything in my email yet and it's been 2 days?

                        Comment


                        • #13
                          They have 14 days in which to either acknowledge or reply to the appeal.
                          If they just acknowledge, they should be requesting further information or clarification, & then have a further 35 days to decide/let you know the outcome.
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment

                          View our Terms and Conditions

                          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                          Announcement

                          Collapse
                          No announcement yet.

                          Court Claim ?

                          Guides and Letters



                          Search and Compare fixed fee legal services and find a solicitor near you.

                          Find a Law Firm


                          Loading...
                          Working...
                          X