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Smart Parking ANPR PCN - Havens Bank Retail Park, Exeter

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Hi,

 

I received a PCN recently and I'm not 100% sure if a ticket was purchased for the time in the car park. The driver was in the ten pin bowling alley, which the car park is outside, with son for his birthday. Just wondering how I, the registered keeper, will go about handling this.

 

1 Date of the infringement - 10/2/19

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 18/2/19

 

3 Date received - 20/2/19

 

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

 

6 Have you appealed? [Y/N?] post up your appeal] - Y (See below sent 22/2/19)

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 Retail Park, Exeter

 

 

Appeal:

 

 

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

 

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

 

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

 

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

 

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

 

Formal note:

Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

 

Yours faithfully,

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No appeal for sure.


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this is a well known problem car park with duff payment meters and dodgy anpr system. You need to first of all look up the car park reports in the local press for Exeter and before you appeal get on to them and say you have another case of unscrupulous demands for money without good reason.

 

If they dotn wnat to follow it up then please tell us EXACTLY what Smart say you have actually doen to breach their terms so we can advise on an appeal if we think it has a chance of being read.

 

Ther likelihood of them cancelling based on a sound appeal are very small so the added prseeure from elsewhere may be necessary.

 

Also you stand a better chance with an appeal ar POPLA than you do with them but POPLA's remit is very limited so often we will recommend not appealing at all. Because of the bad publicity for this site I think you may be successful but only of you quote all of the other examples of them cancelling their tickets and they get botheration from the press about this so get that going first.

Edited by honeybee13
Paras, typos

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