PCN Appeal Upheld by Smart Parking Ltd - Next Step?

[ryandoc117]

@mystery1 Hi there. Recently I received a PCN from Smart Parking Ltd for park in an empty car park late on a Saturday for an hour! I appealed the original notice but received word from them recently that this had been upheld. I'm wondering can I take this any further to avoid paying the charge? I will attach the letter they replied with to notify me that the charge is being upheld. Can upload my letter of appeal as well if needed but won't be able to until later this evening! I have until 22nd Sept to pay the £40 charge before it doubles to £80

[ryandoc117]

Re: PCN Appeal Upheld by Smart Parking Ltd - Next Step?

Here are the last two pages of this letter

[ryandoc117]

Re: PCN Appeal Upheld by Smart Parking Ltd - Next Step?

Here is my letter of appeal to Smart Parking Ltd:

"This letter is a formal challenge to the issue of your Parking Charge Notice - Notice to Keeper as set out in the current BPA Ltd AOS Code of Practice B.22

On 01/08/15 I was the registered keeper of the vehicle with registration number XXXXXXX.

Your letter dated 07/08/15 which I received on 12/08/15 is the first notification I received of the alleged unauthorised parking.

Before I decide how to deal with your Parking Charge Notice - Notice to Keeper, I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I take this matter forward.

I should be grateful for specific answers to all questions raised. In this respect I remind you of the obligations set out in the current Practice Direction on Pre-Action Conduct.

I dispute your claim for the reasons set out below. Please note that although I dispute the whole basis of the parking charge, my main concern is its disproportionate and punitive level.

1. Your parking charge amount claim.

Please explain on which of the following grounds your claim is based:

(i) Damages for trespass
(ii) Damages for breach of contract
(iii) A contractual sum




2. Your loss.

If it is your case that that a trespass was committed or that a contract was breached such that your claim is one for damages; please give me a full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the alleged parking contravention.


3. Your status – the creditor.

Your Parking Charge Notice - Notice to Keeper simply mentions Smart Parking Ltd. Please advise me as to the details of the actual creditor making this £40.00 parking charge demand. I need to know exactly who is making the claim and in what capacity.

4. Ownership of premises.

Please tell me who owns the car park as I wish to send them a copy of this letter.
5. Contractual Authority (as required by BPA Ltd AOS CoP B.7)

Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.

6. Signage.

If it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and evidence that they are clearly visible during both the hours of daylight and darkness and details that the alleged breach upon which you seek to evidence that a lawful and legally enforceable contract was been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s entry point both during daylight and the hours of darkness.
7. Data Protection and sharing of information
I would be grateful if you could provide me with details of the agreement between DVLA and the contractual authority whereby personal details of registered keepers may be shared for non-policing purposes as I wish to pursue a breach of Data Protection Principles with the Information Commissioner’s Office.



8. Summary
I look forward to receiving your acknowledgement within 14 days and as there are no ‘exceptional circumstances’ your comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). I will then be able to make an informed decision as to how I deal with your Parking Charge Notice – Notice to Keeper.
If you reject this challenge or fail to address the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer the matter for their decision.
If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.
Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.

[mystery1]

Re: PCN Appeal Upheld by Smart Parking Ltd - Next Step?

Did you get a popla code ?

Do you have the original PCN ?

M1

[ryandoc117]

Re: PCN Appeal Upheld by Smart Parking Ltd - Next Step?

I don't believe they gave me a POPLA number. Here is the original letter attached. Unless you mean the PCN number, if so then that's in the letter yes. I've attached the original PCN, can you read it OK?

[mystery1]

Re: PCN Appeal Upheld by Smart Parking Ltd - Next Step?

I don't believe they gave me a POPLA number. Here is the original letter attached. Unless you mean the PCN number, if so then that's in the letter yes. I've attached the original PCN, can you read it OK?

When was that issued ?

M1

[ryandoc117]

Re: PCN Appeal Upheld by Smart Parking Ltd - Next Step?

7th August. I then appealed and they suspended the charge until they replied with the letter saying they have upheld the charge, which was issued on 7th September. So I have until the 22nd now to pay the £40 charge before it doubles. I'm only sorting this now as I was out of the country until yesterday!

[mystery1]

Re: PCN Appeal Upheld by Smart Parking Ltd - Next Step?

What i'm trying to figure out is whether what you wrote was considered an appeal, whether they gave you more time to appeal or whether they consider it too late to appeal.

I t does say it's a formal challenge but really it's not.

I'd write and point out you didn't get a popla code with your rejection and see what happens.

M1