appeal smart parking ticket

[Brightlady]

Dear All
Can anyone assist? I have just received a smart parking charge notice for £100 (£60 if I pay by 27.6.16). It is for a 35 minute overstay in a pay and display car park. The driver had bought a ticket for two hours but it had expired. The driver was attending a court hearing (as a professional not a client) and was held up due to the case being a 'floater'. I googled and noticed your site as I felt that the charge was excessive. They had paid for 2 hours and could not get back to the car any sooner. Any similar experiences or advice would be greatly received

[ostell]

Re: appeal smart parking ticket

Frustration of contract springs to mind.

Is this with a windscreen ticket or without? Can you post up a copy of any postal ticket with identifying details covered. Was the post notice (Notice to Keeper) received within 14 days if no windscreen ticket, otherwise between days 29 & 56.

Has the notice complied with the requirements of POFA? Paragraph 8 or 9.

[Brightlady]

Re: appeal smart parking ticket

Frustration of contract springs to mind.

Is this with a windscreen ticket or without? Can you post up a copy of any postal ticket with identifying details covered. Was the post notice (Notice to Keeper) received within 14 days if no windscreen ticket, otherwise between days 29 & 56.

Has the notice complied with the requirements of POFA? Paragraph 8 or 9.

Hi thanks for replying
This is with a wind screen ticket purchased and stuck on the inside windscreen of the car but the notice is a letter with photographs of my registration number plate going in and the time and leaving and the time. The date parked was 08.06.16 the letter is dated 13.6.16 and I received it yesterday. I am not sure if it complies I am not aware of the regulations?

[Kati]

Re: appeal smart parking ticket

Hi thanks for replying
This is with a wind screen ticket purchased and stuck on the inside windscreen of the car but the notice is a letter with photographs of my registration number plate going in and the time and leaving and the time. The date parked was 08.06.16 the letter is dated 13.6.16 and I received it yesterday. I am not sure if it complies I am not aware of the regulations?

any chance you can email a pic of the letter to me (kati@legalbeagles.info) and I'll redact and post it up on here for the other Beagles to look at?? I'll tag [MENTION=5354]mystery1[/MENTION] to pop in and have a look too

K xx

[Kati]

Re: appeal smart parking ticket

Got it

[ostell]

Re: appeal smart parking ticket

Difficult to read the notice but first comments are that there is no period of parking, no statement about the name of the creditor and no invitation to name the driver.

I looked at the parking site on google maps. The pictures are dated June 2015. The entrance sign (at one entrance of possibly 4) states that payment must be made at the machine. There is no statement that could possibly be taken to be creating a contract for £100.

Is it this car park ?

[Kati]

Re: appeal smart parking ticket

Is this any better [MENTION=39331]ostell[/MENTION]??

[Brightlady]

Re: appeal smart parking ticket

Hi ostell

It's called bright Street in Middlesbough . I may need to go there and take some up to date pictures of the signage in light of what you say. They have the name and address of the owner of the car at the head of the notice.

[ostell]

Re: appeal smart parking ticket

Thanks, I could magnify but insufficient detail in the original. I have now found that creditor statement in the new version.

9 (2) (b) does not not seem to have been complied with.

• 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;

There is so much missing from the paragraph 9 requirements.

Indeed there is nothing on the NTK that references POFA and Smart are not invoking keeper liability through POFA..

I think a suitable response is going to be that they have not invoked POFA and therefore they must look to the driver, who you will not be naming, for payment as there is no keeper liability.

As there is no keeper liability you require that they now remove your details from their records as required under Data Protection. You expect no further communication from them other than to confirm that your details have been removed.


Wait for comments by Mystery 1

[mystery1]

Re: appeal smart parking ticket

Thanks, I could magnify but insufficient detail in the original. I have now found that creditor statement in the new version.

9 (2) (b) does not not seem to have been complied with.

• 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;

There is so much missing from the paragraph 9 requirements.

Indeed there is nothing on the NTK that references POFA and Smart are not invoking keeper liability through POFA..

I think a suitable response is going to be that they have not invoked POFA and therefore they must look to the driver, who you will not be naming, for payment as there is no keeper liability.

As there is no keeper liability you require that they now remove your details from their records as required under Data Protection. You expect no further communication from them other than to confirm that your details have been removed.


Wait for comments by Mystery 1

Not much to add really.

http://legalbeagles.info/forums/show...ket-on-vehicle

M1

[Brightlady]

Re: appeal smart parking ticket

Ok thanks. Would it help if I went back to Boro and took more photographs or it teh consensus that should I appeal using the advise and wording from ostell?

[mystery1]

Re: appeal smart parking ticket

Signage never hurts but for the initial appeal i would just follow the advice in the thread i linked to.
[MENTION=39331]ostell[/MENTION] has pointed out what will win at popla.

M1