Smart Parking ANPR PCN - overstay , Haven Banks car park in Exeter o

[Mysteriouslurker]

Hi there,

 

My pregnant wife and I parked in the Haven Banks car park in Exeter on a Sunday afternoon and paid the parking charge for 2 hours.

 

We have subsequently received a Parking Charge Notice showing images that say we left the car park 2 hours and 15 minutes after entering and so we are required to pay up to £90 (£54 with early pay discount).

 

I am new to all this but see from the forum that this is not the first time their charges have been brought into question.

 

My wife is over 6 months pregnant and so is obviously slower at moving than normal and also takes time to get organised and comfortable in the car and so a fine of up to £90 for 15 minutes in a fairly quiet car park is excessive.

 

Furthermore, the signs are not very clear so we almost missed them when we first arrived.

 

I have not yet responded in any way to the letter as I have just received it in the post, but would be grateful for suggestions as to how best to approach this situation.

 

Many thanks in advance.

Edited June 26, 2018 by dx100uk
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[ericsbrother]

start off by reading every thread on Havens Bank.

Their kit is not fit for purpose.

 

In the meanwhile do not respond, let them waste their time and money.

 

Do not try and mitigate any actions, it is irrelevant as to why a contract was broken unless the reason lies within the offer of contract itself.

 

This is not about parking, it is about unilateral or collateral contracts.

 

Pregnat wife? Doesnt matter.

Got only 1 leg so diabled? doesnt matter.

 

Too drunk to read contract

- now there you raise an interesting point about capability to understand and accept offer

Edited June 26, 2018 by dx100uk
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[dx100uk]

Title updated

Please complete this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

[Mrfish110]

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.

[Mysteriouslurker]

Thanks a lot for your replies guys,

I take your point but would feel more comfortable providing some kind of response/appeal to them before the deadline.

 

I've answered the points below.

 

For PNC's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement 9th June

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd June

 

3 Date received 25th June

 

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 - 2 photos with alleged entry and exit times

 

6 Have you appealed? {y/n?] post up your appeal] Not yet

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, Exeter

 

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

 

@Mrfish, this seems to be one of the worst offenders, good luck!

[Mrfish110]

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!

Edited June 27, 2018 by dx100uk
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[Mysteriouslurker]

Thanks MrFish, what your NTK arrived too late or mine?

I can't believe how much of a [problem] this seems to be.

 

Will take a look at POFA 12 and see what I can understand!

[silverfox1961]

Hi and welcome to CAG. MrFish means both of your NTKs are late. The NTK must arrive within 14 days of the 'incident' The difference in the dates, 9th to 25th is 16 days.

 

 

Even if SP took the day after as day one, they would still be out of time.

 

 

Now, I would be appealing to SP on the grounds that they must give a MINIMUM of 10 minutes grace so they could have easily allowed an extra 5 for your wife's 'condition' but we know that any appeal to them will be denied but that gives you the POPLA code so you can then take it to the 'independent' appeals service with the BPA where you can then hit them with the late NTK. This costs SP money (around £30) with no guarantee they will win.

 

 

 

Equally, if you lost the appeal, SP would have to initiate court action again with no guarantee of a win. We would need to see a copy of the NTK to assess whether they are actually using PoFA 2012. The NTK should have stated this somewhere as grounds to get your data and that is one of the rules they should follow to be members of the BPA.

 

 

That's my opinion. Others will no doubt offer different opinions which is fine. I just like playing them at their own game.

[Mysteriouslurker]

Thanks @SilverFox, I like the idea of playing them at their own game!

Besides any reasonable company should take that into account in these circumstances.

 

Definitely no mention of POFA 2012 on the NTK that I can see.

[ericsbrother]

OK post it up suitably redacted. It must contain certain information and even key phrases or they cant claim from anyone, let alone create keeper liability.

[Mysteriouslurker]

Here it is in all it's glory, hopefully it's legible enough but I'll try again if not.

 

.

Letter backpage.pdf

Letter v2.pdf

[ericsbrother]

Advice the same as on the other threads regarding Smart and havens Bank.

 

the NTK isnt POFA compliant in so many ways they cant legally claim anything from anyone but that wont stop them trying to browbeat you into paying up.

 

ignore them and anyone else they get involved unless the letter is a lba under civil procedure rules and then let rip with the information given about their garbage NTK and signage

Edited June 28, 2018 by dx100uk
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[dx100uk]

docs now in post 11 inc reverse

thread tidied

[Mysteriouslurker]

As if by magic, thanks!

[steveod]

well the NTK is 100% not GDPR compliant.

it has additional information on it that Smart Parking have obtained from the DVLA.

 

therefore it MUST show the required information under Article 14 of the GDPR in order for there to be GDPR compliance.

 

it doesn't. they have therefore unfairly and non transparently processed and stored the RKs personal data.

 

I would send them a SAR as first stage if you feel like taking it further including compensation from them for the unlawful processing.

Edited June 30, 2018 by dx100uk
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