Smart Parking Rejected Appeal

[Ronstar]

I need some advice on this!

I received a pcn from smart parking I wrote to them and provided them with invoice off the worked carried out.
still they rejected my appeal and upheld against me.

On 12/06/2023 I received a Penalty Charge Notice where you mention on. Contravention - 13/05/2023 -Vehicle fail to pay for sufficient time.

In accordance with the Traffic Management Act 2004, my challenge is on the basis that the contravention did not occur due to my vehicle broke down!

On the day I was dropping one off your resident helping them with there house moves and my car broke down in your estate and it will not start due to engine was overheating and all the cooling water was leaked on the road!

On the day I have called my recovery and they told me it will take 3 to 4 hours to recover and I explain them what happen they said until the engine cools down it won’t start and I had to wait!

After waiting for a while we have manage to start the car while the engine cools down and moved it. On Monday we took the car to the Machanic for its troubleshooting!

Machine found out that my thermostat leaked & all the coolant water drained while was driving and my engine was over heating and that’s why it’s keep stalling.

Please see the attachment for your reference. If you have any more questions please do not hesitate to contact me.

Thank you


They send me rejection letter on the attachment. Do I pay them or appeal it to the POPLA ?

[Ronstar]

Rejection notice

[PallasAthena]

On 12/06/2023 I received a Penalty Charge Notice where you mention on. Contravention - 13/05/2023 -Vehicle fail to pay for sufficient time.

In accordance with the Traffic Management Act 2004, my challenge is on the basis that the contravention did not occur due to my vehicle broke down!

Just a preliminary comment. You have not received a PENALTY Charge Notice. Only local councils can issue those, and only for parking on public roads and in council car parks..

You have received a PARKING Charge Notice from a private parking company. Their PCNs, although designed to look like the official council penalties, are not official and have no statutory force. They are not a penalty or a fine. They are just speculative invoices. The Traffic Management Act 2004 is irrelevant to speculative PCNs from private parking companies.

Of course they rejected your appeal. They nearly always do!

More information will be needed to advise you. Hopefully someone will post up the template for the information that is needed.

[des8]

Please post up the original NTK (only remove identity details but leave in dates and times) and also photos of relevant signage from the site.

have you identified the driver to Smart parking? Yes or No

[Ronstar]

des8 DES8 Thank you for you message please see the original letter. I mean I told them my car broke down and I was calling RAC and etc and end of my letter also gave my name. Please see the original letter !

[Ronstar]

PallasAthena thank you for you amazing replay and now I know the differences.

[Ronstar]

This is the gate !

[des8]

Can't read the parking notice on the gate.
Could you send a clearer picture please?

Were there other notices inside the courtyard?
if so a picture of their wording might be useful

In your post you state PCN says "Contravention -Vehicle fail to pay for sufficient time".
That doesn't show on what you have posted, so please post up both sides of all you have received

[Ronstar]

Thank you I need to physically go to that area and will take some pic and update you ! How do I delet a post in here !

[ULA]

Please advise which post you would like amended and I can arrange to do that for you.