Parking Charge Notice

[Wolverine321]

Hello,

Hope everybody is well.

Reg keeper has received a parking charge notice from Smart Parking Limited from 23/12/2020

This was from a carpark (not city centre) which has always been free (free for 3 hours I believe). The carpark is for a shopping centre with stores such as home bargains, select, a charity shop, McDonald's.

Looking at the car park reviews online, the complaints of people receiving PCNs started in October 2020.

Upon entering the carpark any signage gave the driver no reason to believe the car park now requires payment. I will go and take pictures of the signage.

Please could somebody advise the best way to go about making an appeal? I'm sure hundreds of people will have received PCN from this car park in the last couple of months!

Thanks in advance,

[ostell]

First edit so that the identity of the driver cannot be inferred. Use "the driver ....." etc.

So post up the redacted PCN but leave dates.

[Wolverine321]

I may be completely missing something but cannot see the option to edit the post anywhere? Is it just me?

[ostell]

Blue line below your post, on the right, edit

[Wolverine321]

Hhhmm - there's no edit option, only "reply with quote". Looks blank where the edit button is meant to be

[Amethyst]

Sorted it for you xx Sorry about the edit button - midst of trying to fix some spam issues and it is currently missing ( working on that )

[Wolverine321]

Thank you AMETHYST - Just glad it wasn't me being thick

Here's the links for the PCN letter and the signage for the car park. Not sure where the cameras are that scan reg plates coming in and out as couldn't see them, must be high up CCTV style.

https://ibb.co/G7PcD6J
https://ibb.co/VDwKM10
https://ibb.co/JR1n3C2

Really appreciate any help with this, as I say - the driver at the time had no idea this was now a paid car park and I'm sure would have gladly paid 80p!

[ostell]

Dear Sirs,

I have just received your Notice to Keeper No. 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


Send first class post with free certificate of posting from a post office.

There are several other failures on that notice which can be used for a successful appeal at POPLA if SMART do not cancel first time.

It probably was free for 3 hours in the first instance but they were not getting enough money so changed it.