smart parking 2*ANPR PCNs - Exeter, Havens Bank retail park

[nicnoc]

1 Date of the infringement: 14/09/2018, 2 instances from 19:46-19:57 then again at 20:00-20:13

 

2 Date on the NTK : 11/10/2018

 

3 Date received : 12/10/2018

 

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? Plate Number

6 Have you appealed? {y/n?] post up your appeal] Y

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] Exeter, Haven's Bank retail park

 

My case is a bit weirder than the usual.

I got back from work around 19:30 and in my street they were having a BBQ party so cars parked and no where for me to park.

 

Good natured I asked them when will they finish and they said about 15 mins

I went in the nearest retail park in our place about 30 sec drive and parked there,

no other cars where parked (not knowing it was private).

 

I then left the car park after 13 mins to go back in our street and the cars are still parked

I gave them another leeway of 10 mins in which i proceeded to go back to the empty retail park (2nd time now) from 20:00 to 20:13

Got back and saw the party over and proceeded to park in my own street.

 

Now 1 month later i received 2 parking charge notice from a private company called Smart Parking asking for 90 quid or 54 if paid within 14 days.

 

I made an appeal stating what I said here but I haven't gotten a reply yet.

I was going to contact them through the phone but they are not opened on weekends.

 

Having revealed that I was the one driving the car, have I still got a leg to stand on?

I can possibly survive the £54 parking charge but having to pay £108 for not even 30 mins max of parking on an empty car park is a bit too much I think.

 

It also doesn't help that I didn't even see the sign that night stating it was privately owned I thought it was a bit misleading.

The letters too small especially not visible when dark.

 

Thank you for taking time your time to whoever is reading this.

Edited October 13, 2018 by dx100uk
Spacing

[dx100uk]

You are allowed atleast 10 mins to decide and read signs and then drive out

 

Shame you appealed

 

Bet you said it was You driving

[nicnoc]

My first recorded time was 19:46:35 up to 19:57:46 which is just a bit over 10 mins.

My 2nd charge was timesd 20:00:42 up to 20:13:31 which is 13 mins.

 

Sadly two charges are outside the 10 mins leeway.

 

And I did say I was the one driving.

although on that appeal page It does ask you for initial, surname and address.

Sadly I went and appealed before I went to the forums.

 

Is there a way for me to just pay 1 of these charges which was my appeal to them.

Or have a shot myself now?

Edited October 13, 2018 by nicnoc

[dx100uk]

A min of 10 mins there is no stated max...

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Exeter,+Haven%27s+Bank+retail+park&sa=Search+CAG

[dx100uk]

I've retitled your thread and taken down the two NTK's as you'd left number plate and PCN refs showing

 

if the NTK's came on the dates you say

they are out of date for both

go read that link you used to fill in post 1

 

safe to ignore

 

until/or unless you get a letter of claim.

 

dx

[lookinforinfo]

You don't owe them a penny so stop worrying. They

Have their dates for the NTKs wrong so case over.

[nicnoc]

You don't owe them a penny so stop worrying. They

Have their dates for the NTKs wrong so case over.

 

Hopefully even when I named myself the driver I won't be in trouble. I am even willing to pay 1 of the notice but not two when it is clearly just within 30mins.

 

Thanks for the replies anyway.

[dx100uk]

30 mins??

 

My first recorded time was 19:46:35 up to 19:57:46 which is just a bit over 10 mins.

My 2nd charge was timesd 20:00:42 up to 20:13:31 which is 13 mins.

[nicnoc]

30 mins??

 

My first recorded time was 19:46:35 up to 19:57:46 which is just a bit over 10 mins.

My 2nd charge was timesd 20:00:42 up to 20:13:31 which is 13 mins.

 

Yeah having two instances together brings it to just under 30, from 19:46 to 20:13. And asking 110 quid for that discounted or 180 full is ridiculous.

[dx100uk]

no its 2 sep events

[ericsbrother]

you need to stop thiking they will ever be reasonable, they wont be. As there were 2 separate events then you treat then as such, they have to. So, both fall under the grace period rule as the 10 minutes is a MINIMUM period, not a maximum or fixed time.

 

 

No you cnat just pay the charges, they dont make money that way, the parking fees go to the landowner, they make theior money inventing breaches to skin you for a couple of hundred rather than just keeping 20p.

 

 

Now, you ge on to the DVLA and find out who accessed your keeper details and when. If there is only 1 entry they have broken the law as they are not allowed to assume the keeper remains unchanged. Your could state that you were allowing a potentail purchaser to test drive the car and by the time of the second event they were the new owner!

 

 

 

Without proof they tried to get keeper detaisl for the second event they would ahve to admit they ahve no claim against you for the second charge. However it is the access to the DVLA register that is the important bit so ask the DVLA

Edited October 15, 2018 by honeybee13
Paras, typos