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Being ignored by Smart Parking?

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  • Being ignored by Smart Parking?

    Hi all,

    The PCN received =

    Date of Contravention: 27/09/2021
    Date PCN sent: 20/10/2021
    Date PCN received: 23/10/2021

    Parked for one hour to eat at the pub, was not made aware by the pub that we needed to input our vehicle registration anywhere in the building (deputy manager served us, so you'd think they would tell you)
    Have seen on the pubs Facebook that they put an update out on October 15th stating they have received a lot of complaints regarding parking tickets, there is apparently a terminal somewhere within the building to input your reg.

    I appealed to Smart Parking on Saturday 23rd of November, didn't receive any confirmation of the appeal, just popped up on the site with "it has been submitted" etc.
    Sent a follow up email on Wednesday 28th confirming they had received my appeal, no reply to that either.

    What are my next steps?
    1) If they come back to me, I can quote what I have seen on this forum that they did not notify me of this charge within 14 days (it took them 23 days to send the letter)
    2) Say that receipts can be provided for the meal at the pub (bank screenshots were sent on the appeal, not putting any names etc for identification though)

    Or!
    Do I send all of this information in an email and say I am not paying the charge due to the information above and them not following process?
    The pub did put on their Facebook that they would help look for receipts if required etc, but I live 110 miles away from there...so that isn't happening!

    Thank you, any help appreciated.
    Only got 4 days left before the "discount period" runs out.


    Link to PCN image:
    https://imgur.com/a/a71wpow
    Last edited by ShaneStoke; 29th October 2021, 03:48:AM.
    Tags: None

  • #2
    Hi SHANESTOKE

    ostell Can you please take a look and advise, many thanks.

    Comment


    • #3
      So if the driver has not been identified and there was no windscreen ticket then the appeal should have been:

      Dear Sirs,

      I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

      You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

      There is no legal requirement to name the driver at the time and I will not be doing so.

      Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

      Yours etc


      But since you have appealed then use it in your POPLA appeal, together with any other POFA fails.

      Comment


      • #4
        Thank you for the reply ostell

        I'll send it along and fingers crossed

        Comment


        • #5
          No you use that information to create a POPLA appeal

          Comment


          • #6
            Originally posted by ostell View Post
            No you use that information to create a POPLA appeal
            Hi Ostell, I did see your reply previously, thank you.

            Smart Parking did reject my appeal and it is currently with POPLA, I do not believe I will win the appeal.
            But Smart Parking (in their POPLA appeal) have now said they have referred it to debt collection even though everything I have submitted has been within the correct time frame, this doesn't seem right to me?

            Comment


            • #7
              Originally posted by ShaneStoke View Post

              Hi Ostell, I did see your reply previously, thank you.

              Smart Parking did reject my appeal and it is currently with POPLA, I do not believe I will win the appeal.
              But Smart Parking (in their POPLA appeal) have now said they have referred it to debt collection even though everything I have submitted has been within the correct time frame, this doesn't seem right to me?
              Write a formal letter of complaint to the DCA, say the matter is with POPLA, explain that if they 'harass' you, you will lodge a complaint with the CSA and other organisations. State the 'Protection from Harassment Act 1997'. Email it to them.

              Comment


              • #8
                Originally posted by echat11 View Post

                Write a formal letter of complaint to the DCA, say the matter is with POPLA, explain that if they 'harass' you, you will lodge a complaint with the CSA and other organisations. State the 'Protection from Harassment Act 1997'. Email it to them.
                Would that complaint go to Debt Recovery Plus?

                The annoying bit about it, as part of the POPLA appeal, Smart Parking added that letter regarding the DRP to their evidence, but that hasn't been sent (or received anyway) by me yet, we're in the middle of an appeal and they've just taken the next step even though I'm following process..

                Comment


                • #9
                  Originally posted by ShaneStoke View Post

                  Would that complaint go to Debt Recovery Plus?

                  The annoying bit about it, as part of the POPLA appeal, Smart Parking added that letter regarding the DRP to their evidence, but that hasn't been sent (or received anyway) by me yet, we're in the middle of an appeal and they've just taken the next step even though I'm following process..
                  Yes., to Debt Recovery Plus.

                  Comment


                  • #10
                    Thank you
                    I will see what POPLA comes back with, haven't received anything from debt recovery yet. But with then attaching the letter to the POPLA appeal, I assume it won't be long.

                    Pathetic way of going about things.
                    Mid-discussion, debt recovery. No logic.

                    Comment


                    • #11
                      Originally posted by ShaneStoke View Post
                      Thank you
                      I will see what POPLA comes back with, haven't received anything from debt recovery yet. But with then attaching the letter to the POPLA appeal, I assume it won't be long.

                      Pathetic way of going about things.
                      Mid-discussion, debt recovery. No logic.
                      Don't be intimidated by them.

                      https://www.citizensadvice.org.uk/de...-by-creditors/

                      Comment


                      • #12
                        Good afternoon echat11 & ostell
                        I just wanted to say thank you, POPLA have successfully granted my appeal, so another victory for the little man!
                        I have saved their decision and reasoning to PDF for whenever the debt recovery scumbags send a letter through

                        Thank you
                        Shane

                        Comment

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