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Smart Parking PCN illegal issue?

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  • Smart Parking PCN illegal issue?

    I received a PCN from smart parking stating I had overstayed by 41 minutes in a free car park on 19/6/15, demanding £40 if paid in 14 days and £70 if not. This letter was dated 22/7/14 and I did not open it until August when I returned from a Holiday.
    I did not respond immediately as the only evidence was a picture of my car number plates. After a reminder and a letter off a debt collection agent I appealed in writing, eventually to be told this week that I couldn't appeal as I had not initially done so within 28 days.
    I telephoned Smart Parking to request a reference number to appeal to POPLA and they refused to give me one stating I hadn't appealed in time. I told them nowhere on there correspondence does it state I had to appeal within 28 days and they still refused to give me a reference number. This is now referred to Dept Recovery Plus who I do not wish to speak to as they are rude and aggressive.
    Should I just wait for court proceedings and ignore any further? I believe the parking notice to be illegally issued but wanted to check if I am correct.
    Thank you.
    Tags: None

  • #2
    Re: Smart Parking PCN illegal issue?

    Was there no ticket on the vehicle at the time ?

    M1

    Comment


    • #3
      Re: Smart Parking PCN illegal issue?

      No, there was nothing on the car. It was a supermarket car park with signs, I didn't see them.

      Comment


      • #4
        Re: Smart Parking PCN illegal issue?

        From your phone call, was there any indication from you as to the identity of the driver ?

        M1

        Comment


        • #5
          Re: Smart Parking PCN illegal issue?

          No I have never revealed the identity of the driver.

          Comment


          • #6
            Re: Smart Parking PCN illegal issue?

            Dear Sirs,


            I, as registered keeper, wish to invoke your appeals process. The driver did not see any signs and there was no notice to driver affixed to the vehicle. I note your notice to keeper is fundamentally flawed when compared to PoFA 2012 schedule 4 para 8/9 in several aspects .


            Should you reject my appeal please supply a popla code.


            Yours etc




            If popla is need let me know.


            M1

            Comment


            • #7
              Re: Smart Parking PCN illegal issue?

              I have already sent a similar letter of appeal which has been rejected and they have refused to give me a POPLA code. Should I send this one as well?? I do think POPLA is required.

              Comment


              • #8
                Re: Smart Parking PCN illegal issue?

                Oh right. Why did they refuse ?

                Complain to BPA aos@britishparking.co.uk

                M1

                Comment

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