tim banwell
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Everything posted by tim banwell
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hi Firstly my ticket was issued outside the statutory 14 day period . So they didn't have a leg to stand on....even if everything else was fine. After 14 days they have missed the boat. Was your ticket issued late? But this is what I did: I appealed to Smart, who turned the appeal down, but didn't elucidate on what grounds. So I went straight to POPLA as Smart suggested. After a couple of weeks POPLA contacted me and told me that Smart would not be pursuing the PCN. When I rang to tried to get some written confirmation out of Smart to this effect I drew a blank, at this point I sent them an email along the lines "if you don't contact me further I will consider the matter closed". Again not a sausage since so I've binned all the paperwork. If your ticket was issued within the 14 days then (as far as I can tell) your next best defense is they will have written to you as the registered keeper but the offense was committed by the driver. So long as you don't tell Smart who was driving you can always claim the offense wasn't you because you weren't driving. cheers Tim PS POPLA are financed by the industry (i.e. Smart) but when you appeal to them they get paid irrespective of which party it sides with so they can be considered neutral.
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i was in the right, took two minutes on this forum to work that out. I will hope to post Smart's confirmation on here when I get it. thanks for everyone's help
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Hi Just had a message from POPLA - and my appeal has been upheld. See below. Just going to chase Smart for a written confirmation as I could see them still pursuing their claim against me. cheers Tim "Thank you for submitting your parking charge Appeal to POPLA. An Appeal has been opened with the reference 8513547156. Smart Parking have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge. Yours sincerely POPLA Team ET6116/001"
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done a POPLA appeal just to try and move things on. But I love the odds of 275K to 18 cases. I am willing to go to court anyway and pay if I lose but I am not willing to make it an easy ride for such cowboys. cheers Tim
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thanks for the confirmation.
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I have received another letter considering my appeal from Smart, they obviously believe the grounds of the appeal aren't correct. Would like to honour the discount period etc, feels like a standard letter as it mention "comments which led to the contravention" from my appeal but i didn't include any. they also mention laughably that the T&Cs are "clearly advertised around the site", judging by my experience and the other threads this isn't true. Tells me I can lodge an appeal with POPLA, is this worthwhile? Interesting it doesn't include any information regarding how I will be punished if I don't pay.... I presume that I just have to ignore and expect more spurious correspondenced in the future? cheers Tim
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thanks for the heads up. Banwell is a lovely village in Somerset.
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thanks for this. I like the idea of playing the [EDIT] along and draining their resources. Unfortunately I have already appealed with the "too late" reason. But I will still be interested to see if they ever reply.
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another ticket for this car park...[problematic] Visited Exeter to buy car, on the way out of the city dropped into this retail park for a nose about. Stayed 30 mins Didn't see any signs, didn't see and pay and display machines. Did go in one of the shops , nothing apparent regarding validating free parking. 3 weeks later received a PNC: please answer the following questions. 1 Date of the infringement 28/10/17 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22/11/17 3 Date received 24/11/17 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] no 5 Is there any photographic evidence of the event? yes - car entering and leaving site 6 Have you appealed? {y/n?] post up your appeal] yes on keepers liability only being enforceable if issued within 14 days Have you had a response? [Y/N?] not yet 7 Who is the parking company? Smart Parking Ltd 8. Where exactly [carpark name and town] Havens Retail Park, Exeter For either option, does it say which appeals body they operate under.#POPLAicon There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE If you have received any other correspondence, please mention it here none
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For PNC's received through the post [ANPR camera capture] please answer the following questions. 1 Date of the infringement 28/10/17 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22/11/17 3 Date received 24/11/17 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] no 5 Is there any photographic evidence of the event? yes - car entering and leaving site 6 Have you appealed? {y/n?] post up your appeal] yes on keepers liability only being enforceable if issued within 14 days Have you had a response? [Y/N?] post it up 7 Who is the parking company? Smart Parking Ltd 8. Where exactly [carpark name and town] Havens Retail Park, Exeter For either option, does it say which appeals body they operate under.#popla There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE If you have received any other correspondence, please mention it here none
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