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Almond84

Smart Parking ANPR PCN issued to owner, not driver - Havens Bank Retail Park, Exeter

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Hello!

 

A Parking Charge Notice has been issued for a car at a time when I was driving. The PCN has been issued to the car owner, and I've asked them to pass on my details.

 

Do we need to do anything else immediately ie. withing 28 days of the date the PCN was issued to the owner? Or will a new PCN be issued to me as the driver?

 

And another little question: the PCN says "If you were not the driver of the vehicle and you wish to provide the drivers details... please follow the instructions overleaf". But overleaf, the only instructions relate to contesting or challenging the charge. Providing the drivers details isn't really contesting, is it? Is it important?

 

Sorry if these issues have already been adressed elsewhere, I couldn't find any threads about PCNs where the owner wasn't driving.

 

For information:

PCN issued by Smart Parking Ltd

Date of contravention 14/09/2018

PCN date 11/10/2018

Parking Fee 2.pdf

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no its been issued correctly to the registered keeper.

pers I wouldn't be telling the PPC you were driving!!

 

please complete this

 

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

 

can we see the otherside of the NTK/PCN please


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pers I wouldn't be telling the PPC you were driving!!

 

Wouldn't the owner then be responsible for paying / contesting? It was my mistake, I don't want to leave them to sort out. They were kind enough to lend me the car in the first place!

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no the speculative invoice has been sent to the registered keeper not the owner.

the last thing anyone should be doing is identifying the driver IMHO.

I suggest you get reading up.


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You don't gave to pay a single penny for a speculative invoice. Get reading these forums.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Here's the information requested:

 

PCN's received through the post [ANPR camera capture]

 

 

1 Date of the infringement 14/09/2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 11/10/2018

 

3 Date received ?13/10/2018?

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] No, can't see it mentioned.

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? {y/n?] No

 

7 Who is the parking company? Smart Parking

8. Where exactly [carpark name and town] Havens Bank Retail Park, Exeter

 

For either option, does it say which appeals body they operate under. Independant Adjudication Service (POPLA)

No other correspondence.

Parking Fee 1.jpg

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Hi

Ignore them totally. ANPR tickets should be received by the keeper within 14 days of the infringement. This Notice to Keeper is well out of time unless some minor miracle occurred and a paper ticket was stuck to the car.

 

 

If no Notice to Driver (windscreen ticket) was issued just ignore all attempts by them to get a penny out of you


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Oh! Now I understand.

 

BUT although I'd be quite happy to sit and do nothing whilst Not-so-smart Parking send lots of letters, those letters won't come to me. They'll go to the registered keeper, and I'm worried that the arrival of lots of threatening letters might cause unnecessary stress. That would be totally unacceptable.

 

I'll discuss this with them and see what they think, but might end up telling Not-so-Smart that I was the driver.

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DO NOT Tell (not so) Smart Parking who was the driver.

 

 

Explain to the keeper what we have told you and reassure them that if SP do try it on, they will lose.


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

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Show them this thread


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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Waaay out of time. You dont have to pay them anything ever. And theres nothing they can do to make you pay it either.

 

Not so 'Smart' are they.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I get where Almond is coming from.

 

Someone recently gave my brother a car as the engine went.

 

He fixed it, gave it to a friend to borrow and they got a ticket.

Now the owner is getting lettings for a car they don't own any more.

I can see why you wouldn't want to annoy the owner.

 

Hopefully they will understand that there is nothing they can do to claim the money.

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Well theyll do that anyway no matter if you id yourself as the driver as you aunt paying as its out of time.

 

Sadly its all they can do

No-one now or later has any legal powers to do anything

But hassle..its how they work....


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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they were too late sending out the NTK so there is no keeper liability. The owner should be steered here to read this and other threads so they know what to do. Naming you actually creates a contract that currently doesnt exist. Also read up on this place as they issue hundreds of duff demands because their mickey mouse system isnt fit for purpose and their signage is garbage

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I remember other SP cases where they were out of time and at least one was from the same site.

 

 

This is what I would do so not recommended.

 

 

I would (as the keeper) write a strongly worded letter to Smart Parking that I would not be naming the driver as I don't have to and if they wish to pursue this case I will report their misleading manner to the BPA. A case of 'Put up or shut up'

 

 

 

I would also contact the DVLA to find out what date the keepers details were obtained. If that date was more than 14 days after the parking event then SP obtained keeper details in a manner that they should have not done- and known it too. As well as being in breach of KADOE, it would be a breach of the GDPR as the grounds to obtain those details would have ended.


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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Hello, me again.

 

I followed the advice given i.e. spoke to the registered keeper, showed them this thread, and told them to ignore all letters.

 

Four months later, the keeper has now come back to me. He has received six more threatening letters. He is in his 70s and the threat of legal action is causing considerable anxiety.

 

I feel terrible for inadvertently putting him in this position.

 

How can I stop all these threatening and upsetting letters?

Document3.pdf

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You cant. Just ignore them unless something of substance comes. Its how these companies work. They threaten and harass until you cave in and pay. remember, theyre just cowboy clampers using a different title.

 

The good thing is, they normally give in after a good few months and harass someone else. If they were stupid enough to go anywhere near court, you have an iron clad defence. Plus to go to court, theyd still need to send out a PaP and go through everything that needs, and you can shoot them down at every stage.

 

tell your father to relax. No matter what they do, he will win this guaranteed. Theyre just hoping he caves in like everyone else and pays them, so they dont have to do a single bit of work, or follow the law.

Edited by renegadeimp

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Did anyone do as Silverfox suggested on post 16? If so what was the response please?

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Did anyone do as Silverfox suggested on post 16? If so what was the response please?

 

Theres no need to. Their chances are dead in the water as they didnt send the NTK within the correct timelines. That alone stops them in their tracks for doing anything.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You could get his signature for you to act on his behalf and instruct them that any further letters be sent to you. This removes the stress on him but if they fail to do so, a formal complaint could be made.

I don't normally say to contact them but in this case it may help.

 

Even though it has been passed to Zenith (DR+ in disguise) the only correspondence should go to (Not so) Smart Parking. Never state who was driving of course.


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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Yep, power of attornet for a single event is quite common, just like hiring a lawyer but it will cost him nothing. Smart may well drop themselves in it if they ignore this so they could buy one problem get one free.

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