Mrfish110
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An update for everyone I have the signs installed at the carpark attached. Question are they compliant with various regs? Does it comply with GDPR? Do I play them at their own game or do I appeal on various grounds go to popla and use POFA12? I do fancy having at a go at GDPR but I wouldn't know where to start.
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Funny, your alleged 'offence' happened on the same day as mine and you also received it on the same day as mine. The NTK has arrived one day to late for the Keeper to be Liable. The lovely people on here will be here soon to tell you what to do. Just for reference my thread is a day old and has some more information on it. Could have two wins here. I'm new here myself so I'll leave it to the experts to help! Get a head start and read POFA 12 and various other cases. Best of luck!
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Smart Parking ANPR PCN - Havens Bank Retail Park Exeter
Mrfish110 replied to ajjm's topic in Private Land Parking Enforcement
Thank you so much for replying. Feels me with confidence, I'm currently about to start dealing with them, luckily they got the NTK to me a day late... such a pity. Have a wonderful day! -
Another one within a few days... you chaps must love seeing this place pop up. @Mysteriouslurker I'm only a few days ahead of you myself.
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Exactly what I thought, such a pity they can't count to 14. Just for my future knowledge, I understand that the NTK must arrive no later than day 14 with the day after the alleged 'offence'. So in this case Sunday 24th. (So either way I am more than happy that they have not complied with POFA12 as it arrived on the 25th day 15.). However when I read this paragraph from POFA12 A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales. So in my head the NTK was dated 22/06/18 so most likely posted on that day the friday. So if I add two working days from that would take it Tuesday the 26th. Meaning a total of 16 days have passed. So I'm a little unsure if I have been 'given' the NTK on day 15 or day 16 but I would just like to know for the future if I have read this correctly... either way Not so smart parking have no leg to stand on. Mrfish! (P.S Not my name)
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If you're telling me I can turn the tables and attempt to gain money from them, then you are my new favorite person. I will quite happily take you up on that offer. I should have up to date pictures of the signs by Wednesday.
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After re-reading POFA12 I now understand that if they sent it on the 22nd (13 days) it is presumed.. . unless they can prove other wise to arrive two working days (working days being not saturday, sunday or a bank holiday) after it was posted. That would make it the 26th so a total of 16/17 days.... Very nice
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Correct the NTK was issued on the 22nd and we received it in the post today (25th) 13 days from Offence to Issue, 16 days from Offence (9th) to Receiving in the post. I will have photos for all you lovely people on Wednesday (if the other half can take decent photos... failing that the weekend.)
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1 Date of the infringement 09/06/2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22/06/18 3 Date received 25/06/2018 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 ANPR of car arriving and leaving the car park 6 Have you appealed? No 7 Who is the parking company? Smart Parking Ltd 8. Where exactly [carpark name and town] Havens Bank Retail Park, Exeter For either option, does it say which appeals body they operate under. BPA My intentions are to ignore as per the other threads (been doing my research before posting). Grateful for any advice. Please find attached the NTK
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Smart Parking ANPR PCN - Havens Bank Retail Park Exeter
Mrfish110 replied to ajjm's topic in Private Land Parking Enforcement
Would be interested if you could post an update as I have the exact same lovely experience to go through now. (starting a new thread, come and join me)
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