*WON* PCN from SMART Parking - Lowther Street, Carlisle - won

[andyf117]

Help/advice needed, please!

I have today received a PCN from SMART Parking with regard to the Lowther Street Car Park in Carlisle.

We stopped off to eat in Carlisle whilst en route to Scotland, and found said car park in the city centre. We noted on entry that parking charges applied 24hrs, and accordingly my wife went to the closest Pay & Display machine, and paid £1.00 for one hour's parking. After a quick burger and fries, we returned to the car and left the car park some 35 minutes after arrival.

After receipt of the PCN, a quick online search found the following:
http://www.newsandstar.co.uk/news/Dr...e166af0b179-ds

I still had our purchased ticket in the car - issued by Horizon, not SMART, valid for the Iceland section of the car park.

However, unlike the recipient in the newspaper report, we had nothing stuck on our windscreen. The PCN has ANPR images of my car entering and leaving the car park, and has presumably been issued because SMART's Pay & Display machines did not register a ticket purchase for that time period - but there is nothing to suggest they can prove where we actually parked.

Can and should I appeal based entirely on those grounds, ie., that we purchased a valid ticket from the closest machine, and hope they then drop it as they can't prove which section we parked in?

If so, advice on wording would be much appreciated....

Thanks in advance....

[mystery1]

Re: PCN from SMART Parking - Lowther Street, Carlisle

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

M1

[andyf117]

Re: PCN from SMART Parking - Lowther Street, Carlisle

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

M1

Thanks for the reply, though I'm a bit confused!

I've only received a PCN, not a NTK, so if you're suggesting I use the wording as in the link, wouldn't I be referring to something that I haven't had?

[mystery1]

Re: PCN from SMART Parking - Lowther Street, Carlisle

A notice that arrives via the post is a notice to keeper.

Essentially they have a reg number and write to DVLA for the registered keepers details. That is what is provided. Generally they will have no clue who was driving unless you tell them or write things to them or on the internet which say things like " I parked" "I paid" etc etc

M1

[andyf117]

Re: PCN from SMART Parking - Lowther Street, Carlisle

A notice that arrives via the post is a notice to keeper.

Essentially they have a reg number and write to DVLA for the registered keepers details. That is what is provided. Generally they will have no clue who was driving unless you tell them or write things to them or on the internet which say things like " I parked" "I paid" etc etc

M1

Ah, OK, so a PCN is also an NTK, then!

So in the 'insert something here' part, I should simply put something on the lines of 'purchased a valid ticket' (photograph attached)?
Should I ask them to provide proof that I parked in the Smart-controlled section of the car park, rather than in the Horizon-controlled section where the ticket was purchased?

[mystery1]

Re: PCN from SMART Parking - Lowther Street, Carlisle

Ah, OK, so a PCN is also an NTK, then!

So in the 'insert something here' part, I should simply put something on the lines of 'purchased a valid ticket' (photograph attached)?
Should I ask them to provide proof that I parked in the Smart-controlled section of the car park, rather than in the Horizon-controlled section where the ticket was purchased?

The driver purchased a ticket.


They will reject the initial appeal, but it's the popla code we are aiming for. A complete cancellation would be a welcome, if unexpected, bonus.



A PCN can also be a notice to driver, but only if placed on the vehicle.

M1

[andyf117]

Re: PCN from SMART Parking - Lowther Street, Carlisle

[QUOTE=mystery1;657547]The driver purchased a ticket.


They will reject the initial appeal, but it's the popla code we are aiming for. A complete cancellation would be a welcome, if unexpected, bonus.



A PCN can also be a notice to driver, but only if placed on the vehicle.

M1[/QUOTE

OK, thanks. Should I attach the photo of the ticket, or not at this stage?
Sorry if I appear dense, not had to deal with these thieves before....
The POPLA code is to appeal following a rejection of the initial appeal?

[mystery1]

Re: PCN from SMART Parking - Lowther Street, Carlisle

Should I attach the photo of the ticket, or not at this stage?


Normally i would, but if you know it's the wrong car park, i wouldn't bother.




The POPLA code is to appeal following a rejection of the initial appeal?

Correct.

M1

[andyf117]

Re: PCN from SMART Parking - Lowther Street, Carlisle

Should I attach the photo of the ticket, or not at this stage?


Normally i would, but if you know it's the wrong car park, i wouldn't bother.

M1

That's why I was asking whether I should ask them for proof that I parked on their side.
Or am I better saving that for the POPLA appeal?

[mystery1]

Re: PCN from SMART Parking - Lowther Street, Carlisle

That's what i'd do, wait for popla and then ask where the driver parked !!!

M1

[andyf117]

Re: PCN from SMART Parking - Lowther Street, Carlisle

That's what i'd do, wait for popla and then ask where the driver parked !!!

M1

OK, many thanks for your help so far - I have submitted the online appeal (though the first link on the Smart homepage wouldn't open without forcing it to do so as a new window), and will await the outcome and update accordingly. If it's your predicted rejection, I'll seek your further invaluable advice!

Thanks again....

[jhiker]

Re: PCN from SMART Parking - Lowther Street, Carlisle

If it helps others, here's my successful appeal to Smart Parking.

http://legalbeagles.info/forums/show...-s-it-look-Won

[andyf117]

Re: PCN from SMART Parking - Lowther Street, Carlisle

Update, as promised, following submitting the online appeal four weeks ago, complete with scan of purchased ticket....

Received an email this afternoon:

"Email - Cancellation

Dear Mr * ********

Parking Charge Notice Number : TC********


Thank you for your recent communication.

I have noted the points you raised and would like to confirm that we are cancelling the Parking Charge Notice.

If I can be of any further assistance please do not hesitate to contact me.


Yours sincerely,

Smart Parking Ltd"

Unexpected, given what was suggested would happen - but got the 'bonus'!

Many thanks for the help and advice - hopefully won't need any again!

[jhiker]

Re: PCN from SMART Parking - Lowther Street, Carlisle

Update, as promised, following submitting the online appeal four weeks ago, complete with scan of purchased ticket....

Received an email this afternoon:

"Email - Cancellation

Dear Mr * ********

Parking Charge Notice Number : TC********


Thank you for your recent communication.

I have noted the points you raised and would like to confirm that we are cancelling the Parking Charge Notice.

If I can be of any further assistance please do not hesitate to contact me.


Yours sincerely,

Smart Parking Ltd"

Unexpected, given what was suggested would happen - but got the 'bonus'!

Many thanks for the help and advice - hopefully won't need any again!

Congratulations! Mine was overturned at the first appeal too.
Can I ask how you worded the appeal - did you use the template or compose it yourself. It might help others :-)

[andyf117]

Re: PCN from SMART Parking - Lowther Street, Carlisle

Congratulations! Mine was overturned at the first appeal too.
Can I ask how you worded the appeal - did you use the template or compose it yourself. It might help others :-)

Worded as per Mystery1's link in #2, with 'The driver purchased a ticket' inserted as suggested in #6, and scan of said ticket attached.