Smart parking pcn

[tant0]

I. the registered keeper of the car, got a letter in the post from Smart Parking. The ticket was given because the car was parked for more than the allotted 3 hours free parking time. I need help on how to deal with the ticket.

thank you

[Guest]

Re: Smart parking pcn

There is a saying "If something looks too good to be true" it usually isn't.

[ostell]

Re: Smart parking pcn

Edit you post so that the identity of the driver is not inferred. This goes for the quote by spirit200. Do not identify the driver, all processing must be by the keeper.

Post up the notice to Keeper with identifying details redacted. Photos of the signs would be helpful.

[tant0]

Re: Smart parking pcn

thank you. will do just that

[charitynjw]

Re: Smart parking pcn

Hi tant0.

Where do you live? (England/Wales/Scotland/N. Ireland).
Is the vehicle lease/HP?
Where did this occur?
& when?
Did you get a windscreen ticket (PCN)?
Do you still have the postal Notice to Keeper?
Have you been in contact with the parking co or appealed via POPLA?
Have you ID'd the person who was driving at the time?
Can you get pics of the site signage?

[tant0]

Re: Smart parking pcn

Hi charitynjw,
I live in England. Vehicle is neither, as its paid for. It happend in Charlton, London. Ticket was posted to me the registered keeper and Yes I still have it. No, I have not made any contact with the parking co neither have I appealed via popla.

I have attached signage and parking ticket front and back page.

[ostell]

Re: Smart parking pcn

That PCN is so non compliant with POFA there is no chance that the keeper could be held liable. No period of parking specified (NOT the time bewteen the cameras when the car is moving) and I couldn't see the creditor statement. There are no warnings of keeper liability under POFA.

Here is POFA Schedule 4. You need to look at paragraph 9 and check that all the required statements are there. Nearly right is not sufficient. Let's know how you get on. Then you can write a letter to them telling them to get lost.

[charitynjw]

Re: Smart parking pcn

It would appear that out of almost 200,000 tickets issued by Smart so far this year there have only been 7 court hearings (BMPA figures).

Have you tried approaching any of the retail outlets which were used on the day to see if they could intercede? (Slim chance but worth a shot).

[tant0]

Re: Smart parking pcn

Hi [MENTION=39331]ostell[/MENTION], do you think this part applies? Can I write a letter and ask they get lost on this:

inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;


Please there something else you can add?

- - - Updated - - -
[MENTION=5553]charitynjw[/MENTION] No, I have not. Didn't think they would help, perhaps if I go back there.

[charitynjw]

Re: Smart parking pcn

No, I have not. Didn't think they would help, perhaps if I go back there.

Can't hurt.

[tant0]

Re: Smart parking pcn

[MENTION=5553]charitynjw[/MENTION]. what do you think of the POFA S4 Paragraph 9, does it apply to this circumstance?

inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

[charitynjw]

Re: Smart parking pcn

@charitynjw. what do you think of the POFA S4 Paragraph 9, does it apply to this circumstance?

inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

I sorted an appeal for someone a few months ago & won it on the parking co's failure to state this on the NtK.
I can't say that every adjudicator will see it that way, but it is certainly worth including it.

[ostell]

Re: Smart parking pcn

They seem to have missed most parts of paragraph 9 to be able to hold the keeper liable. There is no period of parking, there is no warning to the keeper that they could be liable, is there a creditor statement?

You write to them as the keeper telling them they have failed to comply with the requirements of POFA on several points in paragraph 9 to hold you liable for the transgressions of the driver. As you you have no liability you do not expect to hear from them again expect to confirm that the matter will be dropped and your personal details fully removed from their records.

[tant0]

Re: Smart parking pcn

thank you @ ostell. Do you think I should highlight the points on paragraph 9, or do I summarise it like you just did above?

[charitynjw]

Re: Smart parking pcn

As [MENTION=39331]ostell[/MENTION] has posted, the NtK is an epic fail.
Another thing (unless I've missed it) is that there should be full details of how to appeal firstly to the parking co.
I can't see any mention of a time deadline.