smart parking pcn NTD **Cancelled**

[runross]

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

 

[Dublindel]

Smart are the weakest ppc but also the brightest as they know quickly when to give in and cancel a ticket. Wait for the NTO then come back unless you want to clear it even quicker.

[dx100uk]

def don't pay them a penny!

its a spoof ticket.

 

 

await the Notice to keeper

then appeal asking for popla number

[honeybee13]

Hello there.

 

It sounds as though you might be au fait with this forum's abbreviations, but in case you don't know them all here's a link to the forum stikky.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?168275-Posting-in-this-Forum-please-read

 

 

HB

[ericsbrother]

If you wait it will force them to spend money obtaining the keeper details of the vehicle and send out another demand.

 

 

This must be done between 29-56 days after the alleged event and outside of this time frame it will be invalid.

 

 

If and when you get this letter/notice come back and we will help you write an appeal to Dim Parking,

 

 

which may be only the next step of an easy but drawn out process.

 

 

The final stage has a long waiting time!

[runross]

Ok thanks guys I will await the notice to keeper.

[runross]

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

[ericsbrother]

That is what they are obliged to do and so they have done it. Your dad should now appeal as the keeper and say almost anything he wants to but how about " the driver was unloading as permitted by the conditions of parking so no breach has occurred. If you do not accept this then please provide a POPLA code"

They then have 35 days to consider this appeal and either cancel the charge or issue a code for an appeal to the independent adjudicator. This costs the parking co £27+vat so well worth the effort just to make them lose money. If they do pass it on to a debt collection agency you will normally expect to receive 3 scary letters, the last one using capital letters and red ink but they mean nothing at all as the DCA's have no powers to do anything at all.

[Billy's mate]

Just a reminder NOT to identify the driver, or even their gender.

[runross]

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

[armadillo71]

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.

 

 

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 ?

 

 

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

 

So your friend drives your dad's car... ?

 

Why must you pay?

 

And he is appealing as RK... ?

[runross]

So your friend drives your dad's car... ?

 

Why must you pay?

 

And he is appealing as RK... ?

 

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

[ericsbrother]

It is the keeper who progresses things, he should not say who the driver was. Nothing to do with anyone else now unless they identify the driver and if they do it makes it harder overall to defeat the claim.

Why dont you get the dad to write out the single line I suggested and leave it at that. Save any other argument for POPLA if necessary.

[runross]

It is the keeper who progresses things, he should not say who the driver was. Nothing to do with anyone else now unless they identify the driver and if they do it makes it harder overall to defeat the claim.

Why dont you get the dad to write out the single line I suggested and leave it at that. Save any other argument for POPLA if necessary.

 

Ok thanks.

 

I have replied with a letter simply stating what you suggested.

 

I will let you know what they reply!

[Ell-enn]

If you wrote to them at their address in Scotland they won't reply - they just keep sending computer generated letters. My hairdresser sent them an appeal letter but just kept getting reminder letters - she sent the letter 3 times - all by recorded delivery and all have been signed for, but there has been no actual reply to her appeal with a POPLA code which she asked for, just increasing demands for payment - she's now got the "last chance before passing to solicitor letter" .

 

There appears to be an address in Birmingham for them, wonder if it's worth writing to them there ?

 

Smart Parking Limited

Unit 43, Elmdon Trading Estate

Bickenhill Lane

Marston Green

Birmingham

B37 7HE

[ericsbrother]

the fact they keep sending begging letters doesnt alter their obligations and so have lost the ability to go after the keeper of the vehicle. I suspect they know this full well, hence their pig-headed and forlorn tree wasting

[runross]

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 !

[runross]

If you wrote to them at their address in Scotland they won't reply - they just keep sending computer generated letters. My hairdresser sent them an appeal letter but just kept getting reminder letters - she sent the letter 3 times - all by recorded delivery and all have been signed for, but there has been no actual reply to her appeal with a POPLA code which she asked for, just increasing demands for payment - she's now got the "last chance before passing to solicitor letter" .

 

There appears to be an address in Birmingham for them, wonder if it's worth writing to them there ?

 

Smart Parking Limited

Unit 43, Elmdon Trading Estate

Bickenhill Lane

Marston Green

Birmingham

B37 7HE

 

Yes, the birmingham address is the correct one which I used thanks

[armadillo71]

Well done!

[ericsbrother]

Good, now you can relax knowing that there is little to fear in challenging these people.

The problem is that these companies sell themselves as the answer to the parking problems suffered by large organisations and in reality they cause more trouble and resentment. The sooner the big organisations realised that handing over your real estate to these people isnt a good idea the better. If universities hospitals etc took parking back in-house thay would make more money spend it how they liked and could use different forms of control but then they risk upsetting the government and the local council who have other policies on parking that are even more stupid than a PPC charge notice.