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Smart Parking ANPR PCN - Havens Bank Exeter **CANCELLED BY SMART**


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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

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Oh, this could be good.

 

OK, firstly, it's not a fine. We know that's a term used in common parlance, but calling it a fine makes it sound a lot more legitimate than it is. Plus, you'll make dx100's teeth itch. You'll see :wink:

 

Secondly, what you have is not a pay and display ticket, it's a "Get out of jail free" card. And the rest of the advice is probably going to depend on how much fun you want to have at Daft Parking's expense :lol:

 

 

Could you have a look at this post https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket and then copy and paste the relevant bits to a reply in this thread along with your answers.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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They will be trying to invent some spurious transgression of hidden T & Cs keep that ticket safe. The team will help you sort this.

We could do with some help from you.

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Hi

Thank you so much for your really quick responses! Here are those details...

 

1 Date of the infringement: 24/01/2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]: 30/01/2018

 

3 Date received: 31/01/2018

 

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? Photographs of vehicle entering and exiting car park.

 

6 Have you appealed? {y/n?] post up your appeal]: No (not yet!)

Have you had a response? [Y/N?] post it up: N/A

 

7 Who is the parking company?: Smart Parking

 

8. Where exactly [carpark name and town]: Havens Bank Retail Park, Water Lane, Exeter, EX2 8BY.

 

For either option, does it say which appeals body they operate under.: IAS

 

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

 

Thank you all so much,

 

Sam

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Just to clarify the above.. Daft Parking operate under the BPA and use POPLA, not IAS. Although I notice that more and more of them are now referring to POPLA as the IAS, just to confuse matters.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Hi,

 

You can say 'fine' if you want. I like to see Dx have the vapours :-)

 

As this is an ANPR ticket, I would appeal, not naming the driver, just say 'The Driver' and enclose a photocopy of the P&D ticket and demand they cancel the charge forthwith. They won't of course but that gives you the route to POPLA as (not so) Smart Parking must give you one.

 

I have this feeling in my guts that SP will say to POPLA that they don't want to continue, giving you an automatic win. They have done this before on other sites so I see no reason why they should be any different on this site.

 

There are a couple of other threads this week about the same site and they are slightly ahead of you but it can do no harm to watch their process.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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there are other threads on this exact issue elsewhere on this forum so ahve a look and you will see that this patently menas they have BIG problems with their equipment.

 

Whay I would do is look up a couiple of the other threads and glean what you can from them and then write to Smart parking as the keeper of the vehicle making sure that you do not mention or allude to who was driving at the time.

 

Tell them that you are aware from reading various motoring advice forum s that they have trouble with their equipment and as the driver purchased a ticket at the time the error is entirely theirs and no breach of contract has ever occurred.

 

Tell them that you have read what was said specifically about them in parliament last week and on this occasion, "as a gesture of goodwill" you wont be suing them for breach of the DPA and nor will you be making a complaint for attempting to obtain a pecuniary advantage by deception as long as they stop being so stupid and greedy and cancel the ticket forthwith. If they do fancy their chances in court then you will of course use the said payment receipt issued by their rubbish machinery along as evidence of their laziness and dishonesty.

 

send this to them pronto and copy to your MP and make sure thet smarts know that it has gone to your MP so they have somehting to add to the debate. Do not be nice, nice is a sign of weakness and they then think you may actually pay up if they try a little harder

Edited by honeybee13
Paras
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Thank you all so much.

 

I've appealed the Parking Charge Notice tonight and am fully expecting it to be rejected!

That being said, I did mention the lack of breach of contract and the fact that payment had occurred making the contract complete - I also attached the photo of the evidence etc., so you never know!

 

I'll let you know when I hear from Smart (or Not-So-Smart) Parking!

 

Sam

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You could have authority to park signed by God and it wouldn't be enough for some of these clowns. :lol:

 

They *might* realise that they're on to a loser as you've enclosed a copy of the evidence, but most of these muppets need detailed instructions (with pictures) on how to walk without dragging their knuckles, so I wouldn't be holding my breath just yet :wink:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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so did you tell them that they have been rumbled as nothing more than common crooks? You cant be nice to these people, they see that as a sign you will pay up if they use another threat or start court action when they have no cause to.

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  • 4 weeks later...

So I heard back from Smart Parking today and, rather unbelievably, they've agreed to cancel the charge!!!!!!

 

Thank you so, so much for all of your help and this fab forum!

 

Sam

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blimey well done

 

please make a small donation if you can to keep us here to help others like we helped you.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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A well done from me too. This should never have happened and SP knew it which is why they cancelled it. If they continued to pursue it, even if they didn't go to court, you would have had a claim against them anyway so they have cut their losses.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Smart got Smart! :| It's almost unheard of.

 

Next thing we know ParkingLie will start telling the truth :lol:

 

 

Another well done from me. :thumb:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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