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PCN from Smart Parking dated 15 days after date of unauthorised parking


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We parked in Asda car-park in Brighton Marina from 19:05 hours until 23:09 on 17/11/2014 as clearly shown in the PCN photos of our number plate. We have we received a PCN from Smart Parking dated 02/12/2014.

I understand that the PCN has to be sent by the 12th day in order to be valid. My question is, is this 12 working days or 12 days?

And .. where do I find that information please?

 

Incidentally, neither of us saw any signs indicating that parking was time-limited. I have looked at Google Earth, and you can drive in without seeing any signs.

 

You successfully helped me get a PCN from Parking Eye cancelled, so I am willing to try again!

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We parked in Asda car-park in Brighton Marina from 19:05 hours until 23:09 on 17/11/2014 as clearly shown in the PCN photos of our number plate. We have we received a PCN from Smart Parking dated 02/12/2014.

I understand that the PCN has to be sent by the 12th day in order to be valid. My question is, is this 12 working days or 12 days?

And .. where do I find that information please?

 

Incidentally, neither of us saw any signs indicating that parking was time-limited. I have looked at Google Earth, and you can drive in without seeing any signs.

 

You successfully helped me get a PCN from Parking Eye cancelled, so I am willing to try again!

 

 

How can the photos show your car parked for four hours and four minutes?

 

 

If the charge notice is dated 02/12/2014,when did you receive it?

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How can the photos show your car parked for four hours and four minutes?

 

 

If the charge notice is dated 02/12/2014,when did you receive it?

 

The time parked ... I'm not sure of what you are asking? I simplified the question by not putting the seconds in .. the photos actually show 19:05:34 until 23:09:33

 

I received the PCN on 04/12/2014.

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The time parked ... I'm not sure of what you are asking? I simplified the question by not putting the seconds in .. the photos actually show 19:05:34 until 23:09:33

 

I received the PCN on 04/12/2014.

 

 

What I was getting at, is that the photos do not show your car parked for that amount of time. Just entering and leaving a certain point.

 

 

As this was ANPR, then you have to receive the NTK within fourteen days of the date of event for keeper liability.

 

 

You did not by my calculations.

 

 

Only the driver can be held liable.

 

 

Can you post up a redacted copy of the NTK please.

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What I was getting at, is that the photos do not show your car parked for that amount of time. Just entering and leaving a certain point.

 

 

As this was ANPR, then you have to receive the NTK within fourteen days of the date of event for keeper liability.

 

 

You did not by my calculations.

 

 

Only the driver can be held liable.

 

 

Can you post up a redacted copy of the NTK please.

 

I see what you mean about the photos, unless the two cameras are linked to the same time clock, there is no proof that they indicate how long the car was there?

I have attached a scan of the PCN with the identifiers removed.

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I see what you mean about the photos, unless the two cameras are linked to the same time clock, there is no proof that they indicate how long the car was there?

 

 

No... Only a continuous video of the car parked in a space, would prove a car was parked in the car park for said amount of time.

 

I have attached a scan of the PCN with the identifiers removed.

 

 

Scan needs to be a PDF so it can be read please.

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[ATTACH=CONFIG]54755[/ATTACH][ATTACH=CONFIG]54756[/ATTACH]

Scan needs to be a PDF so it can be read please.

 

My graphics package doesn't save in .pdf, so I have had to cut and paste into Word, with loss of definition.

I have re-scanned just the two photos and attached them as .pdfs too.

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Appeal to the PPC and have it rejected then demand your POPLAR reference number and appeal at POPLA.

 

 

The PPC have to prove a substantial loss.

 

 

The PPC will try to take this to Court if you do not appeal

 

 

Get a letter of appeal in asap and just wait for their reply then update your thread please

 

 

Since Asda offer a free time limit the is NO loss to the landowner

 

 

Whilst you are waiting please read up on other posts that have "succeeded" in this forum

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[quote=Jessicajil; (Attachments Removed)

 

My graphics package doesn't save in .pdf, so I have had to cut and paste into Word, with loss of definition.

I have re-scanned just the two photos and attached them as .pdfs too.

 

You have left you reg number in all the scans. I'd take them down if I were you.

 

 

Appeal to the PPC and have it rejected then demand your POPLAR reference number and appeal at POPLA.

 

 

The PPC have to prove a substantial loss.

 

 

The PPC will try to take this to Court if you do not appeal

 

 

Get a letter of appeal in asap and just wait for their reply then update your thread please

 

 

Since Asda offer a free time limit the is NO loss to the landowner

 

 

Whilst you are waiting please read up on other posts that have "succeeded" in this forum

 

No appeal is needed.

 

As the NTK is out of time for keeper liability, and Smarts wording shows they know this, then a simple ;

 

As RK I'm not liable for the charge, please address all further correspondence to the driver of the vehicle at time of event.

 

Worded better of course...

Edited by stu007
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@ Jessicajil I have removed your attatchment as you need to remove identifying markers from them before you repost them, we always prefer you to stay anonymous on CAG.

these include barcode, addresses, vehicle registrations etc.

 

If unsure please see my signature.

 

@ armadillo71 I have had to remove the attachment linked to the above from your post

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@ Jessicajil I have removed your attatchment as you need to remove identifying markers from them before you repost them, we always prefer you to stay anonymous on CAG.

 

these include barcode, addresses, vehicle registrations etc.

 

 

 

If unsure please see my signature.

 

 

 

@ armadillo71 I have had to remove the attachment linked to the above from your post

 

 

 

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@ Jessicajil I have removed your attatchment as you need to remove identifying markers from them before you repost them, we always prefer you to stay anonymous on CAG.

these include barcode, addresses, vehicle registrations etc.

 

If unsure please see my signature.

 

@ armadillo71 I have had to remove the attachment linked to the above from your post

Thank you, I removed them from the JPEG. but hadn't realised I had not done so from the .pdf. I have deleted the photos with the reg number on them. I had disguised the bar codes by cut and pasting different bits across them so they aren't real.

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I have done the appeal online, on the grounds that the PCN is invalid because it was dated and sent after the statutory period. I said it was harassment to sent such an invoice when it is is not valid.

I also added that there were no visible notices, and that they can check that on Google Earth if they wish.

I asked them to send me a POPLA if they reject my appeal.

 

As suggested, I took screen prints as I went along, and informed them of that.

 

I will keep you informed of what happens ...

 

Thank you again for your help.

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Obviously an ANPR entry/egress capture, this doesn't show how long you were parked, just the time in between entering and exiting the car park. For all they know you could have driven around in circles for 4 hours looking for a parking space. Either way, they are timed out from claiming keeper liability.

 

My course of action would be a short but sweet letter saying "You have failed to comply with the terms laid out in Schedule 4 of the PoFA 2012 and therefore as the registered keeper of the vehicle I am not liable for the alleged debt. Please direct all future correspondence to the driver of the vehicle on the day in question." and leave it at that. For added oomph you could include "Any further attempts to contact me when I have made it clear that I am not liable for this charge will be considered harassment and reported to the relevant authorities".

 

You are under no obligation to name the driver, despite what they may say.

 

They must know that they've screwed up by sending the notice too late but are just chancing their hand on the offchance that you'll cave in and pay up.

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