**DISCONTINUED!!** SmartParking @ Fistral Beach Newquay

[davoid23]

Hi all,

Having read some of the posts around here (gee whiz some of you guys know your stuff! ) I think I understand things, but I'm still looking for a quick tip.

My situation is the same as in the post here (PCN through the door a week later, no ticket on windscreen issued. Drove in, never exited the vehicle, decided we didn't want to stay as charges were excessive and nothing to do there, re-programmed satnav to take us elsewhere and left the car park.) The total time between images at the entrance/exit of the car park (including a long drive down from and back up to the entrance/exit where the camera is) was 18m 45s.

My question is: Would I be better served using the Blue template in the "Newbies!" sticky, the proven winning template (on this occasion, at least) from the identical incident, or some combination of the two?

Any suggestions greatly appreciated & thanks for your time!

D.

[charitynjw]

Re: SmartParking @ Fistral Beach Newquay

Hi & welcome to LB.

Are you at the 'appeal to parking co' stage?
Could you post up the Notice to Keeper? (Front & rear, obscure personal details but leave all dates visible).
Where do you live? (E/W/S/N.I.)
Is the vehicle lease/HP?

Do not ID the driver....refer to 'the driver' or 'the registered keeper' where necessary.

[davoid23]

Re: SmartParking @ Fistral Beach Newquay

Hi charitynjw,
Thanks for your quick reply

I received the initial letter from SmartParking yesterday 12/10/17, dated 10/10/17, issued 09/10/17 regarding 03/10/17 (so many dates!). This is the only contact between us (SmartParking and me, the registered keeper) at this time, I have not yet responded.

I reside in England (unfortunately not Scotland, in this instance!) and am the owner/registered keeper of the vehicle.

Here are images of the notice (I hope that's what you meant!)[IMG][/IMG]

[IMG][/IMG]

[charitynjw]

Re: SmartParking @ Fistral Beach Newquay

Yep, that's it.

I'll have a read of that.
You can have a read of this - http://nebula.wsimg.com/c289944f81b4...&alloworigin=1

Esp the last 3 paragraphs.

[ostell]

Re: SmartParking @ Fistral Beach Newquay

That PCN does not comply with the requirements of POFA to hold the keeper liable.. Section 9 (2) (f) is missing.. There may be other defects.

So it's a simple letter form the keeper saying that the NTK is deficient and therefore no liability can be transferred from the driver to the keeper. The keeper does not expect to hear from SMART again except for confirmation that there will be no further action and the keepers personal details will be removed from their records as there is not liability.

[davoid23]

Re: SmartParking @ Fistral Beach Newquay

That seems like a fair trade, thanks

I've read through it and (the bits that made sense to me) do seem similar in both cases, especially, as you say, the last few paragraphs. Would it be wise to reference this case as evidence in my initial appeal?

D.

[davoid23]

Re: SmartParking @ Fistral Beach Newquay

ostell, Hi, thanks for helping

Are you referring to the lack of the statement that they have not warned me, as the keeper,"
that if, after the period of 28 days beginning with the day after that on which the notice is given —(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver"
So specifically the high-lighted text as they have not informed me that they do not know the details of the driver and have only written to me as the registered keeper?
If so, again, is it wise to throw this in as evidence in the appeal, too? The more you throw, the more likely something will stick, kind of thing?


Thanks,

D,

[charitynjw]

Re: SmartParking @ Fistral Beach Newquay

I agree with @ostell.
At this stage just send a 'defective Notice to Keeper' letter & ask them to either cancel or send a POPLA code.

[davoid23]

Re: SmartParking @ Fistral Beach Newquay

I agree with @ostell.
At this stage just send a 'defective Notice to Keeper' letter & ask them to either cancel or send a POPLA code.

My apologies, but I cannot find a letter template with that title. Can you advise if the below draft is suitable?

Also, is it worth adding in the pieces of legislation or referring to previous cases in this initial appeal, or should I wait until a second appeal with the POPLA code to include those additional pieces of information?

Draft for your approval:

Dear Sirs,

I am writing as the registered keeper of vehicle *insert VRN* to appeal Parking Charge Notice *Insert PCN Reference No.* dated 10/10/2017.

I find that the above stated PCN is defective, insomuch as it is not fully compliant with the guidelines set out in POFA therefore no liability can be transferred from the driver to the keeper and I am asking that the PCN be cancelled. I would add that I, as the registered keeper, do not expect to hear from Smart Parking again regarding this matter, except for confirmation that there will be no further action and that my personal details as the keeper of the vehicle will be removed from your records, as there is no liability.

Should this cancellation be refused, I will require a POPLA code from yourselves to further appeal your illegitimate claim.

Kind regards,

*Insert my name*

[ostell]

Re: SmartParking @ Fistral Beach Newquay

Don't ask that the PCN is cancelled, DEMAND.

Smart tend to be sensible and cancel when it looks as though they will have to do a lot of work.

[davoid23]

Re: SmartParking @ Fistral Beach Newquay

Don't ask that the PCN is cancelled, DEMAND.

Smart tend to be sensible and cancel when it looks as though they will have to do a lot of work.

I actually wrote "demand" initially but thought I'd appeal to their human side. What was I thinking?! Haha!

Other than that change, the draft above is sufficient in the first instance as the initial appeal via their website, as best as you could say? (I appreciate there are no guarantees either way.)

[ostell]

Re: SmartParking @ Fistral Beach Newquay

The problem with appealing on their website is that you have no record of it and can't show you actually appealed. I would write and get free proof of posting from a Post Office.

[davoid23]

Re: SmartParking @ Fistral Beach Newquay

I could email an identical copy to info@smartparking.com which is listed in their website as for "Parking Charge Enquiries"? It does state "Appeals for PCNs cannot be lodged using the info@ email facility" but I could always use it to confirm their receipt of an appeal form.

I'm a worrier so I'm keen to resolve it sooner than I believe "snail-mail" would allow. I could always do all three methods - Use the online form & screenshot the page before and after, email the listed address and send a recorded paper copy. Any thoughts?

Thanks again for all your advice, by the way! Thanks again to charitynjw, too

[ostell]

Re: SmartParking @ Fistral Beach Newquay

NOT recorded, simple proof of postage. Recorded the can simply refuse.

[davoid23]

Re: SmartParking @ Fistral Beach Newquay

Right you are then. I'll send that off and let you know how I get on.

Should I refer to precisely which POFA guideline is missing or is that being too specific?

EDIT: There is a page after the letter writing page to add supporting documentation. Should I use this as an opportunity to add references to the specific sub-sections of POFA or of the cases mentioned earlier in this thread, should I add the images I uploaded earlier so that they can assess the form or shall I just send the letter on its own?