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

[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,

Although it does state that i I'd like to supply the driver's details, I can.

[charitynjw]

Re: SmartParking @ Fistral Beach Newquay

Do not ID the driver.
You'll lose any defence via PoFA if you do.
PoFA being Protection of Freedoms Act 2012, Schedule 4.

[davoid23]

Re: SmartParking @ Fistral Beach Newquay

Do not ID the driver.
You'll lose any defence via PoFA if you do.
PoFA being Protection of Freedoms Act 2012, Schedule 4.

Hi charitynjw,

I went with the following final response which I logged online, emailed and will be posting shortly, with proof of postage. Hopefully it's sufficient but if not, fear not, I shall be back to seek more wisdom! :-D

Dear Sirs,

I am writing as the registered keeper of vehicle ******* to appeal Parking Charge Notice ******** 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, including, but not limited to, POFA 2012 Section 9, Sub-Section 2, therefore no liability can be transferred from the driver to the keeper and I demand that the PCN be cancelled. I 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.

Yours faithfully,

D.

[charitynjw]

Re: SmartParking @ Fistral Beach Newquay

Yep, fine.

You could have added that you expect them to remove your details from their data base, but you can do that later if you want.
See how sending this letter pans out.

[davoid23]

Re: SmartParking @ Fistral Beach Newquay

Hi all,

Just a quick update - I have received an email from the "info@SmartParking" email address I contacted (alongside written and online appeals) which says:

"Dear Sir/Madam,

Thank you for your recent communication.

We can confirm and appeal has been logged onto the system for you and it is in the process of being reviewed by our appeals team, once they have done so they will contact you via email or post. In the meantime the PCN has been frozen at the discounted amount until it has been reviewed and responded to by our appeals team. The appeals team have 35 days to review your appeal however we can confirm they are working on them at a much quicker time frame.

Kind regards,

Smart Parking Ltd
(Contact details & Logo)"

I'll let you all know how I get on from here.

[ostell]

Re: SmartParking @ Fistral Beach Newquay

After 35 days and no response then you can assume, under BPA rules, that your appeal has been upheld.

I forgot to comment earlier that POFA rules are not guidelines, they are requirements and must be met for the keeper to be held liable. Pedantic I know.

[davoid23]

Re: SmartParking @ Fistral Beach Newquay

After 35 days and no response then you can assume, under BPA rules, that your appeal has been upheld.

I forgot to comment earlier that POFA rules are not guidelines, they are requirements and must be met for the keeper to be held liable. Pedantic I know.

1) That's mighty handy to know, thanks. It'll be an unbearable wait, I'm sure but hopefully a worthwhile one.

2) I'd say pedantry is probably best way to deal with these people, it's all they seem to know! (Although the grammar in the email I got wasn't quite as particular as I'd expect.)

[ostell]

Re: SmartParking @ Fistral Beach Newquay

So if you haven't heard from them after 35 days give it another week then write to them and tell them that as they haven't responded within the 35 days required by the BPA CoP then you are entitled to assume that your appeal has been accepted and you do not expect to hear from them again.

[charitynjw]

Re: SmartParking @ Fistral Beach Newquay

(Although the grammar in the email I got wasn't quite as particular as I'd expect.)

Private parking co's are not generally renowned for their literary prowess. (Although they could be considered on occasion for the Booker Fiction awards.......allegedly!)

[davoid23]

Re: SmartParking @ Fistral Beach Newquay

Hey all,

Just to inform you that I received the following email today:

"Dear D,

Parking Charge Notice Number **********

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."

Firstly, a big thank you to ostell & charitynjw for all of your help - Hopefully this thread will help somebody else in future

Secondly, would you recommend any further action on my behalf? Whether it be to reply and confirm my details have been erased, or to sue them for harassment and time-wasting, having sent a PCN that was contradictory to the POFA 2012, evidenced by their cancellation? (Or am I better off not poking the bear on this one?)

Thanks again,

D.

[charitynjw]

Re: SmartParking @ Fistral Beach Newquay

Nice one.

I'd make sure (phone the court) to double check they have been informed of the discontinuance.

I'll also give our @Kati a nudge to update your thread & also this will give [MENTION=39331]ostell[/MENTION] a nudge.

[davoid23]

Re: SmartParking @ Fistral Beach Newquay

I'd make sure (phone the court) to double check they have been informed of the discontinuance.

I've not been informed of any court action, so I wouldn't know who to call - or do you have me confused with another thread? :-)

I'll also give our @Kati a nudge to update your thread & also this will give @ostell a nudge.

Thank you :-D

[charitynjw]

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

Yes, apologies.....no court action.
However, in my defence.........I'm stupid!!
But well done!

[des8]

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

However, in my defence.........I'm stupid!!

I wouldn't argue with you Chas, but I always plead old age!

[charitynjw]

Re: SmartParking @ Fistral Beach Newquay

Secondly, would you recommend any further action on my behalf? Whether it be to reply and confirm my details have been erased, or to sue them for harassment and time-wasting, having sent a PCN that was contradictory to the POFA 2012, evidenced by their cancellation? (Or am I better off not poking the bear on this one?)

If it were me I think I'd just draw a line under it & bask in the glorious knowledge that I've beaten the b******s.
Of course I'd have to tell all my friends, everyone down the pub,............