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runross

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  1. Yes, the birmingham address is the correct one which I used thanks
  2. Hi guys Latest update ! They replied with a letter yesterday confirming that they will be cancelling the parking charge ! Thanks very much for your help and I will be making sure I spread the word about such tickets !
  3. Ok thanks. I have replied with a letter simply stating what you suggested. I will let you know what they reply!
  4. Sorry for the confusion. My friend recieved the PCN and we put it up on here together but I used my email address etc at the time. He is just using it to post. And his dad is the registered keeper of the vehicle yes. Hope that helps Thanks
  5. Hi guys. This is a letter thats been drafted to send to them in reply. Let me know what you think and if anything needs to be added, amended or taken out etc ? I used one of the other letters on this forum as a template. Thanks ! To whom it may concern, Parking charge notice number: I refer to the Notice to Owner that you have provided me with on 2nd January 2015 with regard to an alleged parking contravention on Private Land. I note that you allege the contravention is ‘parking without a valid permit’. I believe that this matter falls under English Contractual Law since the matter does not relate to the Public Highway or Council. My first and main point to you is that when the alleged contravention took place the driver was unloading the car as permitted by the conditions of parking in that area and therefore no breach has occurred. I have complained to St Marys University about this proposed contravention and they have told me that they can’t cancel the ticket and that you must be contacted to do so. My second point is that the location of the alleged contravention is ‘St Marys University College’ which is in fact a University in Belfast where the car has never been driven. My third point is that you do not own the land in question, therefore, you have no legal right to enter into a contract with a land user on behalf of the landowner, and so it follows that I cannot possibly breach a contract that does not exist. This can be seen in the case of VCS Parking Ltd v HMRC 2012. My final point to you is that the Charge is a Penalty by virtue of the value of the charge. Indeed the car park at St Marys University is free of charge and no permit is valid when unloading or loading into accommodation. In view of the fact that the Landowner suffered no loss of revenue, to suddenly ask me to pay £70 is a penalty charge and thus not recoverable in law. This can be seen in Excell Parking Services Vs Hetherington – Jakeman 2008. If you do not agree with or accept the above then I will require you to provide me with a POPLA code as well as any photographic evidence, a copy of the contract allegedly entered into and a copy of your lease agreement with the University. Failure to supply me with all of the above evidence in light of your proposed threats, I will consider an abuse of the Court Process and Failure to prove Liability as in East Kent Hospitals Vs Fagan 2013. Now then ... Should you wish to escalate proceedings against me, I must inform you that I will consider this harassment to which I will seek remedy under Part V (40)Administration of Justice Act 1970. I will also be obliged to report your behaviour to the Office of Fair Trading. I trust that this concludes our business and it is the end of the matter, for which I would like confirmation by reply. Yours Truly
  6. Hi guys I have an update: Smart parking have now sent me the notice to owner dates 31/12/14 although it didn't come in the post until earliest Friday as I've just seen it. It says I must pay £70 within 28 days and if not then will be passed on to debt recovery agent for collection. Also the car is registered to my dad so letter was sent to him. Not sure if that makes a difference or not? What should I do now ?! Thanks
  7. Ok thanks guys I will await the notice to keeper.
  8. Hi i'm new to this site.. My friend received a PCN from smart parking for £70 on his car yesterday on his University Campus. The University is free parking at all times with a parking permit. Without a permit you can park from 4:30pm to 9am. You may also may load or unload your car 9am-4:30pm when you usually need a permit. Me and my friend had just been to Tesco and done a big shop. Parking off campus is a nightmare and long walk so he just parked on campus while we unloaded our shopping. When we finished unloading and came back to the car there was a parking ticket on it. We saw the security guard who issued the ticket and he said "oh sorry, its too late to cancel it now for you, you need to talk to smart parking and i'm sure they will be sympathetic and let you off" (i bed to differ) When opening the parking ticket i noticed that it has a spelling mistake (not sure if this makes a difference?), seems to be missing some of the information (is there specific information that must be vacant on the ticket?) and also the University is called "St marys university" but on the ticket its says location is " st marys university college " which is a university in belfast and this one is in london! (also not sure if this makes a difference? ) I have read various other forums and posts stating that they can only charge me for actual losses and since its private land and and free parking where does £70 fit in to that? Should my friend ignore the PCN and await to see if they sent a notice within 14 days ? Or should he set about to write up an appeal stating various arguments ? I have read the following letter sent to them about a PCN should my friend follow the points in this? How strong are they? (it wouldnt let me post a link but its title is "Tcp / smart Parking - send cheque to apologise over speculative invoice debacle!!!! " Also one thing read that wasnt mentioned in that letter was asking for a POPLA code? Im unaware what this is? If someone could give some advice or a process best to follow to avoid this ridiculous charge that would be greatly appreciated ! Especially since students nower days dont have a spare £70 to cough up ! Thanks
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