Smart Parking PCN

[bobosh13]

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

[charitynjw]

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.

[ostell]

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

[bobosh13]

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

[bobosh13]

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

[bobosh13]

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

[charitynjw]

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?

[ostell]

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.

[bobosh13]

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

[ostell]

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.

[bobosh13]

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,

[bobosh13]

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?

[charitynjw]

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.