Smart Parking - PCN

[dsco91]

Hi,

Looking for some advise regarding a PCN I received from Smart Parking received 22/4/21. The letter was dated the 20/4/21 with the contravention on the 6/4/21, I have initially appealed with the argument that as it was ANPR cameras and no notice was attached to the vehicle I should of received it with 14 days which I didn't.

The signs on entry to the car park are high up on a wall out of view when entering the car park.

Looking for advice on whether to appeal through POPLA or if its best to pay up?

[ostell]

So you have basically told them who was driving?

They have of course rejected you appeal.

Post up the NTK suitably redacted but leave dates and your appeal to Smart.

[dsco91]

Apologies for the bad explanation, I did some reading before appealing and made sure not to identify who was driving.

The appeal was done online and stated that the NTK was received outside the timeframe of 14 days which they have rejected.

Here's a link to the NTK and the appeal reply.

Thanks

https://imgur.com/a/XD4ATAF

[ostell]

So you edit your images to remove the POPLA code. AND improve the definition on the PCN so that it can be read.

It looks as though there are other POFA fails that could help in your POPLA appeal

[dsco91]

Sorry for the quality.

Is this any better as images rather than scans?

https://imgur.com/a/JOu3d4P
Any advice is appreciated

[ostell]

No period of parking 9 (2) (a) moving in front of a camera cannot, by definition, be parking
No invitation to Keeper 9 (2) (e) The prescribed wording is not there
No warning of keeper liability 9 (2)(f) The prescribed wording is not there

Add it all to your POPLA appeal as well as the outside the relevant period 9 (4)

Post up for critique before you send.

Spell it out simply for POPLA, as though they were 5 year olds

[dsco91]

Thanks for your help, really appreciate it as I've not much experience dealing with this sort of issue.

I have attached a first copy although I am going to visit the car park in question to check the signage as I believe it is poorly located for any driver to see it.

[ostell]

That's fine ,except remove identifying data.

yes add defective signs if they are.

Question their right to operate in the car park. You require sight of their conteact. A witness statement saying it exists is insufficient

[dsco91]

Hi,

Just to update, I sent in the appeal and had an email yesterday stating Smart Parking do not wish to contest the appeal so the appeal is successful.

Thanks for all your help!