Hi, I received a PCN recently and I'm not 100% sure if a ticket was purchased for the time in the car park. The driver was in the ten pin bowling alley, which the car park is outside, with son for his birthday. Just wondering how I, the registered keeper, will go about handling this. 1 Date of the infringement - 10/2/19 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 18/2/19 3 Date received - 20/2/19 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] - N 5 Is there any photographic evidence of the event? - Yes 6 Have you appealed? [Y/N?] post up your appeal] - Y (See below sent 22/2/19) Have you had a response? [Y/N?] post it up - N 7 Who is the parking company? - Smart Parking 8. Where exactly [carpark name and town] - Havens Bank Retail Park, Exeter Appeal: I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP. There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.: - If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it. - If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end. - in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date. Formal note: Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future. Yours faithfully,

• Name of the Claimant: Premier Parking Solutions Limited • Claimants Solicitors: BW Legal • Date of issue: 14/9/18 • Date to submit defence - 16/10/18 • What is the claim for – : 1.“The Claimant's Claim is for the sum of £100.00 being monies due from the Defendant to the Claimant in respect of a Parking Charge Notice (PCN) issued on 22/09/2015 (Issue Date) at 09:04:07 at Mount Dinham Exeter 2.The PCN relates to [MY CAR]. The terms of the PCN allowed the Defendant 28 days from the Issue Date to pay the PCN but the Defendant failed to do so. Despite demand having been made the Defendant has failed to settle their outstanding liability. 3.The Claim also includes Statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 22/09/2015 to 13/09/2018 being an amount of £21.76. 4.The Claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions.” • What is the value of the claim: Amount claimed: 181.76 Court fee: 25.00 Legal representative’s costs: 50.00 Total amount: 256.76 • Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim: The Private Parking Company • Were you aware the account had been assigned – did you receive a Notice of Assignment: N/A as far as I’m aware • Have you sent BW a cpr3114 yet: I haven’t seen anything with this reference. I didn’t know that I needed to send BW anything. Via moneyclaim.gov.uk I’ve submitted the required acknowledgment of service and declared my intention to dispute the whole claim which, from what I’ve seen, I can also do online. Do I also need to send BW anything – the court documents don’t indicate as such , unless I’m paying the claimant. The only communication I’ve had with BW is to let them know I had a permit to park at that location at that time – which as expected they considered irrelevant. I’m putting my defence together and would be grateful for any help you can offer. Along the road from my child’s school in Dinham Road, Exeter, is a small residential area, which starts with a church which has on road parking. This area has parking signage from PPS. The church has links with this CofE school but is a separate entity. With the agreement of the church, the school issues parents with a permit, allowing parking in this area for a short period at drop-off and pick-up times. The “infringement” occurred in September 2015 and the claimant alleges that my car was parked in this area while not displaying a permit. The photographs that their legal team have provided do not appear to show a pass on display. I do have a permit and the car was parked within the agreed times. Their legal team has been emailed a copy of the permit but unsurprisingly couldn’t care less – they want my money. Their response failed to directly address the permit I sent and have stated that my responsibility was to abide by the T&Cs and that “As the vehicle involved in the contravention was not displaying a valid Ticket or Permit these Terms and Conditions were broken.” A history of the correspondence I’ve had so far, some of which I’ve uploaded, is below. Hopefully I’ve appropriately redacted what’s necessary but please let me know if not. Thanks all for taking time to help. History so far: 1. 20150922 PPS PCN (uploaded) 2. 20151105 PPS letter (uploaded) 3. 20151208 PPS letter – as before but with £30 admin fees = £130 4. 20151224 PPS letter – as before = £130 5. 20160201 Now with Debt Recovery Plus (DRP). Extra £30 with no explanation = £160 (uploaded) 6. 20160216 DRP – as before = £160 7. 20160302 DRP – as before = £160 8. 20160324 DRP – reduced payment offer of = £160!!! 9. 20170411 DRP – letter before referral for legal action – as before = £160 10. 20180702 BW Legal – letter of claim – now £190 (uploaded) 11. 20180818 My email to BW Legal with permit (uploaded) 12. 20180821 Email from BW Legal requesting my name and address (which was provided in my original email) 13. 20180821 Email to BW Legal advising them that my name and address is in the original email 14. 20180823 Email from BW Legal advising of their right to claim and including pictures – (uploaded) 15. 20180914 County Court letter (uploaded) 16. 20180914 BW Legal letter advising of court claim (uploaded) • attachment.pdf

Dear all, Exeter Road Car Park, Braunton, EX33 2JJ - Parking Charge Notice I have also been subject to this rather off-putting Parking Charge Notice in the same place; Following the thread above I have completed the questions from the link below: 1. Date of the infringement: - 05/10/18. 2. Date on the NTK [this must have been received within 14 days from the 'offence' date]: - 11/10/18. 3. Date received: - 12 or 13/10/18. 4. Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?]: - Yes. 5. Is there any photographic evidence of the event?: - Yes. Two photos of car. Two of numberplate [both dark]. 6. Have you appealed? [y/n?] post up your appeal]: - Not yet, but I have drafted it and posted below. Have you had a response? [Y/N?] post it up: - N/A - not yet. 7. Who is the parking company?: - Premier Park Ltd 8. Where exactly [carpark name and town]: - Exeter Road Car Park, Braunton, EX33 2JJ Draft online Parking Charge Notice Appeal wording: "Dear Sir/Madam, Please be advised that in normal circumstances I am law and rule abiding, in any case.
At the time in question this was no different, however, after recalling this journey to an area that I am not familiar with and which receives a significant amount of tourism traffic, I would state that the terms and conditions of the car park are not sufficient for the average visitor to use and create a valid contract. Specifically I am appealing against the availability of, and clearness of, the signage and how well lit the car park is to make this reasonably visible to any user in order to create an acceptable contract. At the time of the evening stated, and as can be evidenced from your own photographic evidence stated, it was almost pitch black dark if not for the light omitted from a vehicle itself. So much so that the vehicle make, model, colour or driver cannot be determined. If I recall correctly, at the given time of the evening, a bus also pulled into the bus lane outside the car park on Exeter Road, meaning that anyone would have to tightly pull in front of it to gain access to the car park, missing blocked entry signage and parking terms signage. The darkness of the evidence provided also does not display and make clear were my car was photographed and if it even entered the car park or remained stationary/unattended there for any period of time at all. 
Please can I appeal to good faith that if the displays were clear and visible I would have seen no option but to comply with the terms and conditions, but in this case, for multiple reasons, the terms were not clear enough for me to be made aware to do so at the time. There is also no evidence provided to the contrary that the car park is clearly displayed, including its terms, or sufficiently lit to substantiate the claim that any contravention was intentionally made at the time. If you do not agree that this penalty has been unfairly applied and reject my appeal, I will be left with no option but to further this appeal with IAS. I look forward to hearing from you Regards," --------------- Any help you could give here would be greatly appreciated?? and I hope that this helps others Thank you

Hi everyone Having recently returned from a lovely holiday in Devon. I have received a parking notice charge from those lovely people at Smart Parking! After pulling into the car park at Haven Banks in Exeter I was handed a paid parking ticket by another motorist which still had one and a half hours left on it which i gladly accepted (What a mistake) Unbeknownst to me not being a native of Exeter the car park is covered by APNR cameras showing entrance and exit times of the vehicle. I was parked there for 1 hour and 5 mins according to this. Having been handed the ticket by what i thought was another considerate fellow motorist we went into the Range outlet store not reading any car park signs thinking the vehicle had a valid ticket. It was not until we returned to the vehicle after an hour that I noticed you have to put the vehicle reg into the ticket machine when you purchase it!! Now it seem's to me although not 100% sure that the cameras are linked to the ticket machines which must have registered a non-payment!! Therefore I think Smart Parking have got me by the short and curlies on this one and will have to pay the £58 charge. What are your thoughts people? Thanks in advance Gunner10

Hi there, I'm new to this site. I received a parking charge notice of £90 for parking there on the 27th April 2018. I only received it today, and it says I need to pay this by 28th May 2018. I'm not sure what to do about this as I think its quite excessive, and from what I have read elsewhere, they are not the council so can not "fine" me. However, I would like some advice from here as to what I should do about something like this? the penalty is under my mum's name, but it was me who had taken the car to Exeter. I've attached the letter they sent me. Any advice would be greatly appreciated. Thanks Amit 5ddc3f5a-069d-4325-ac70-b1bbd62a24a2.pdf

Hi everyone, I know this car park, operated by Smart Parking, has been the subject of many threads here. I nevertheless thought I'd find out whether my situation is different from others. I got a PCN for failing to pay for the time (15min) I spent on the car park. I had no idea I had to pay to park, as I thought it was a regular retail car park. I received three documents: I one PCN (pay £54 within 14 days or £90 thereafter) one reply to my appeal (which was rejected) and one DRP letter. Here are the details of the PCN: 1 Date of the infringement - 20/04/18 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 03/05/18 3 Date received - can't remember 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] It refers to the possiblity of appealing through POPLA on the back of the letter 5 Is there any photographic evidence of the event? - Yes, 2 pictures with my number plate and time stamps 6 Have you appealed? {y/n?] post up your appeal] - Yes Have you had a response? [Y/N?] post it up - YES - I claimed I did not see any sign and they replied: 'several signs are situated around the car park that advise of the terms and conditions and we can confirm that all signage on site are BPA approved' 7 Who is the parking company? Smart Parking 8. Where exactly [carpark name and town] - Heavens Bank Retail Park, Exeter I have not responded since my appeal. Can you help at all? Cheers!

Hi Every one, Please help/Advise. I was photographed entering the haven banks car park on the 22/dec/2017 at 11.42am. Paid £1.00 for 2hrs /120mins parking at 11.46. Was then photographed leaving at 14.03pm on the same day. Unfortunately I entered the last two digit's of my registration wrong ****LKX when it should of been ****LXK. So received a parking charge letter on the 01/01/2018 stating that I needed to pay £54.00within 14 days ,if I was to appeal and fail this would go up to £90.00. I of course contacted Smart Parking and forwarded on the parking ticket which I paid for hoping they would see scene and cancel the charge.(Ya Right!). There letter arrived on the 27/01/2018 ,stating that as the motorist and that there are signs clearly stating not to make mistakes it was my fault. Also I was over my paid 120mins by 20mins.(I understand that this is the 5mins entering the car park parking and paying for ticket and the 15mins leaving). I again appealed To POPLA, stating that I was in my car within my paid time ,but due to the excessive amount of vehicle's entering/leaving this car park over the xmas period ,I was unable leave hence the 10 to 15min wait ,but didn't realise I was over my time when I eventually drove out. But on the 5/3/2017 while POPLA agreed the wrong reg details should cause the fine my overstay still did. So the charge is £90.00 Sorry that there's so much to read , I have all letters and the £1.00 parking ticket so can forward them on . haven't paid the charge yet ,hoping there's some one that will advise me. Cheers

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

I received a PCN for spending 21 minutes in a car park in a town I don't know well. I had pulled into the car park to answer a phone call on my mobile - I was in my daughters car so didn't have hands free. As I was then pulled over I rang home to check on the kids, and then rang my husband to see where he was _ I was suppose to be picking him up from town. He didn't know where he was so said he would find a road sign and ring me back. I drove round the car park a few times - tried to get my bearings - find the exit, work out what road I was on. He finally rang me back, gave me instructions about where he was, I explained where I was - we arranged where I would pick him up - 21 mins in total as it turned out. As I didn't actually park up ( what is the definition of parking?). I didn't buy a ticket, and also only meant to pull in whilst taking/making a calls which was the safe thing to do. Didn't think to buy a ticket ...stupid I know. Now I have a PCN. I wrote back , enclosed a cheque for a pound to cover parking. Fine was £90!!!!! Didn't lodge an appeal with POPLA. Now gone to a debt recovery and have 28 days to reply. Do I let this run-on to county court?? Do I put a late appeal in? Help. I was ignoring it and judging by the other posts it was better to try and resolve it again. What do you think please?

Hi I'm hoping that you can help me... A few days ago, I received a PCN from Smart Parking as the registered keeper of our vehicle, relating to an "unauthorised parking" of our vehicle on 24/01/2018. There are photos of the car entering the car park and leaving the car park. It seems to be fairly standard to come on here and ask about not paying the fine etc. but I have a slightly different enquiry - we actually have the ticket from Havens Bank car park on that day which shows that my husband paid to park in the car park. The ironic thing is that it's known to be notorious for this and I'd only said it to my husband the previous day, "keep that ticket just in case they send a funny letter!" Do I just appeal it online, sending photographic evidence of the ticket and then it will be sorted? Or is there a better way to sort this? You've all given such helpful advice to others regarding their issues at this car park, I'm hoping that you can help me! Thank you! Sam

Hi On 27/1/18 I parked in this car park operated by Smart Parking. The closest machine was out of order so I walked across the car park to obtain a ticket, which I am sure more than covered the period that I was parked - BUT, I no longer have the ticket. I received the attached notification on 2/2/18. I have no intention of paying this but I'd be grateful if you could advise of next steps. Should I raise an appeal or leave to run its course ? Thanks SPrinter3418020617320.pdf

I was wondering if you knew how the registration number is displayed on the parking ticket that you get from the machine & display in your window ? (Full Reg, Partial, etc) My mum initially received a letter, for the same car park, stating she didn't pay enough when we sent the evidence in they now claim she didn't enter her registration number correctly but haven't given us evidence. Her ticket only displays the last 3 digits & I wondered if that was correct or if it should show the full registration. Thanks for any help you might be able to give.

Hello PCN issued by Smart Parking for wrong VRM a zero instead of O was entered. The alleged contravention happened at HAVEN BANKS RETAIL PARK EXETER A ticket was purchased for the time parked but a zero was entered instead of letter O PCN received 06/11/17 Date of alleged contrevetion 21/10/2017 I appealed, not realising that I had entered a zero instead of O. Not sure if I disclosed the driver ( sorry didn't realise at the time what a mistake that may have been). Sent supporting evidence of purchased tickets- I had know idea what I had done wrong. Appeal refused although they acknowledge my tickets as eveidence of tickets purchased. Appeal refused as a zero was entered instead of the letter O I'm now appealing to POPLA I'm struggling to get my head around the legal jargon and which bits apply to my case. Any help would be much apprieciated.

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

Hi, I received a notice to keeper from Smart Parking after the vehicle had parked in Haven Banks car park in Exeter. A ticket had been purchased, but the driver had accidentally missed one of the characters of the registration number when entering it. The ticket was displayed for the duration of the stay, but obviously the ANPR in use in this area would not have recognised this. A copy of the ticket was initially sent to Smart Parking, but they upheld the charge and we have since been through the standard series of letters and demands from DRP, Zenith and now Gladstones solicitors. Rightly or wrongly, there has been no further contact with Smart Parking or their agents since their refusal to accept that a ticket was in fact purchased at the time. A case of 'Computer says "no"'. The latest letter from Gladstones refers only to an amount outstanding of £160 with no date of alleged infringement or location. They are 'kindly' providing an opportunity to pay the full amount before it goes to court. Is this a 'Letter Before Claim'? Or is that the next I can expect? Thanks for any advice? Drogon

Hi, I have received a PCN from Premier Park for parking in Exeter Road Car Park in Braunton, Devon. I parked in this carpark for 20 mins at 19:06 and it was dark. I did not realise that it was a paid car park as the notices were not that clear and lighting was low. 'Contrevention date': 2nd November, 2017. The issue date of the PCN: 8th November, 2017. The PCN requests £60 if paid by 14 days from issue date or £100 afterwards. I have googled around and this car park seems to have a history of this issue. I do not live any where near the car park, I cannot get images etc. From what I have read, Premier Park provides images in daylight or with a strong flash to 'prove' that they have enough lighting. I cannot provide this evidence, but even in the images that they have provided on the PCN form shows how dark it is. Could you provide me with any advice for a potential defence. Also, if I apeal to Premier Park (which I expect they will turn down) and then go to POPLA, will this mean that if I am refused, they will charge £100. Any advice is appreciated.

Hi All, I recently received a parking notice from Smart parking ltd for unauthorised parking to the sum of 54 pounds and I would like your advice as to whether I am liable to pay considering this is a private parking company? So the back drop... my Japanese friend arrived late Saturday night (30/09/17) still wanted to show him a bit of the city Decided to take him down to the quay on the River Exe here in Exeter Not knowing this part of the city well I parked in this car park opposite the bowling alley, The time was 8.45pm and presuming it was late that the car park operating time had finish as I knew this to be a council car park in the past operating from 8am to 6pm (or along those lines). Upon entering the car park I didn't see any signs as it was very dark and the area was not well lit, again presuming it was closed I did not purchase a ticket. Our stay was only an hour when I returned a few days later to check the signs within the car park it does state its 24hrs.. .it also mentions up to two hours parking is 1 pound which can be refunded at one of the retail sites, if I knew this I would have purchased a ticket. I find it disgusting that they are charging me 54 pounds for one hour in which the ticket is only one pound anyway. As its a private company and not a police or council parking charge how much authority do they have and am I liable to pay this charge or would it be worth appealing? 1 Date of the infringement[30/09/17] 2 Date on the NTK [05/10/17] 3 Date received 07/10/17 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [No] 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [No] Have you had a response? [No] 7 Who is the parking company? Smart parking Ltd 8. Where exactly [Haven banks retail park, Exeter] For either option, does it say which appeals body they operate under. IAS Any advice would be greatly appreciated. Many thanks Jon Smart Parking Notice (2).pdf

What a load of politically correct rubbish, this woman it just out to make a name for herself, get a life, big ego trip, get her name on the front page in the press, nothing offensive in it these people will look to find fault in anything. Exeter Chiefs urged to change 'offensive' name by Native American expert Calls for Premiership rugby club Exeter Chiefs to scrap ‘Red Indian’ theme because fans dressing in headdresses with toy tomahawks is ‘offensive’ Calls for Premiership rugby club Exeter Chiefs to scrap 'Red Indian ... https://www.thesun.co.uk/.../calls-for-premiership-rugby-club-exeter-chiefs-to-scrap-r... 1. Cached 2 days ago - Exeter Chiefs premiership rugby team urged to ban fans dressing up as native ... Professor of early modern American History Rachel Herrmann has attacked their ... The Southampton University boffin said:”We need to remember that ... A campaign to get the Redskins to change their name has been going ... Exeter Chiefs urged to change 'offensive' name by Native American ... http://www.bbc.co.uk/news/uk-england-devon-36965975 1. Cached 2 days ago - Exeter Chiefs should change their name and stop "playing Indian" according ... She said it evoked "Britain's forgotten imperial American past".

Hi, I'm new to this site and have found the previous threads very helpful. However, having received now two parking charges from PPS my confidence in ignoring them is dwindling! Any help with these would be gratefully received. 1st fine received 3 weeks ago - I parked in Northernhay Street CP and paid for 1hr returning within the hour. However on returning to my car I realised that I had parked in an unmarked bay (marked only by old white lines sprayed on the wall - see pic) which was reserved for WPD permit holders only, apparently. Also on the wall were very old yellow SWEB notices (again please see pic). Having read previous threads about PPS, I decided not to the pay the fine or even acknowledge it. 2nd fine received today, same car park. On arrival the machine was not accepting money. Another car had stuck a note on the machine saying that it had swallowed his money and not issued a ticket. I placed a note in my windscreen stating the time I'd arrived and that the machine was out of order and that I would try again on my return. On returning I had been issued with a parking charge for 'no valid ticket' As I had stated in my note, I went to pay, the machine now accepting my money. I duly paid up. [ATTACH=CONFIG]44624[/ATTACH][ATTACH=CONFIG]44625[/ATTACH] Please can someone let me know if I am right standing my ground or if I am in the wrong and should have paid up? Many thanks

I'm in the process of appealing a clamping charge levied by the infamous Premier Parking Solutions [PPS]. I've read all the stickies and spent a lot of time getting my head around the BPA's Code of Conduct and Approved Operator Scheme and, as far as I'm concerned, PPS fall a long way short of the standards demanded. I'm well aware they will, almost certainly, turn down my appeal at which point I will, happily, initiate proceedings against them in the small claims court. In the meantime, I was hoping some of my fellow CAGgers might share their thoughts on the signage pictured in the above photo; as you might imagine, I have my own thoughts but I'd like to know what you guys think. Thanks in anticipation of your help and co-operation Fred_Funk