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Sorry if I have posted this in the wrong part or if this question has been asked before, I just joined this site this morning when a letter came through my door from Smart Parking.
My partner was shopping at Sports Direct, Darlington and didn't purchase a ticket as he didn't think you had to as a customer of the store.
Anyway, turns out it must have been a pay and display car park? as this morning I received a PCN from Smart Parking for "the alleged breach of advertised terms and conditions within SPORTS DIRECT DARLINGTON on 08/09/2016. The contravention in question is Insufficient Paid Time, which is supported by the camera images of the vehicle entering and exiting the car park".
There is then images of my car entering at 13:34 and exiting at 13:52.
Just wondering do you think I would be able to win an appeal even though I should have probably bought a ticket if it is a pay and display car park? I have read online to not tell them who the driver is so they can't persue the notice but on Smart Parking's website it says "I wasn’t the driver, therefore I will not be paying the PCN? Paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012, states for parking events in England & Wales that the operator must inform the registered keeper that the driver of the motor vehicle is required to pay the PCN in full. It also notes that, as the operator does not know the driver’s name or current postal address, the registered keeper, if they were not the driver at the time, should inform the operator of the name and current postal address of the driver and pass the notice to them.The Act also warns that if, after 29 days, the PCN has not been paid in full and the operator does not know both the name and current address of the driver, they have the right to recover any unpaid part of the PCN from the registered keeper. This warning is given under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to the operator complying with the applicable conditions under Schedule 4 of that Act."
I was going to pay but I remember seeing something online once saying that PCN's are invoices rather than fines and you are not legally obliged to pay? I am wanting to appeal if I can rather than pay the £45 but wondered if anyone could help me with a good appeal letter to send to the company maybe with some legal terms in? Many thanks in advance.
My partner was shopping at Sports Direct, Darlington and didn't purchase a ticket as he didn't think you had to as a customer of the store.
Anyway, turns out it must have been a pay and display car park? as this morning I received a PCN from Smart Parking for "the alleged breach of advertised terms and conditions within SPORTS DIRECT DARLINGTON on 08/09/2016. The contravention in question is Insufficient Paid Time, which is supported by the camera images of the vehicle entering and exiting the car park".
There is then images of my car entering at 13:34 and exiting at 13:52.
Just wondering do you think I would be able to win an appeal even though I should have probably bought a ticket if it is a pay and display car park? I have read online to not tell them who the driver is so they can't persue the notice but on Smart Parking's website it says "I wasn’t the driver, therefore I will not be paying the PCN? Paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012, states for parking events in England & Wales that the operator must inform the registered keeper that the driver of the motor vehicle is required to pay the PCN in full. It also notes that, as the operator does not know the driver’s name or current postal address, the registered keeper, if they were not the driver at the time, should inform the operator of the name and current postal address of the driver and pass the notice to them.The Act also warns that if, after 29 days, the PCN has not been paid in full and the operator does not know both the name and current address of the driver, they have the right to recover any unpaid part of the PCN from the registered keeper. This warning is given under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to the operator complying with the applicable conditions under Schedule 4 of that Act."
I was going to pay but I remember seeing something online once saying that PCN's are invoices rather than fines and you are not legally obliged to pay? I am wanting to appeal if I can rather than pay the £45 but wondered if anyone could help me with a good appeal letter to send to the company maybe with some legal terms in? Many thanks in advance.
) 
xx
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