Smart Parking ANPR PCN - 10min overstay - Greenwich Shopping Park, Charlton London

[starfarer]

Parking charge received by post on 24th Jan for contravention on 19th Jan for overstaying by 10 mins.

As one of the appeal option was :

Parking over free period (if you were genuine customer...etc), we made online appeal with copy of receipt.

The appeal was written as RK without naming driver nor RK as the driver on the day of contravention.

Rejection letter received on 13th Feb with POPLA verification code printed.

I don't have knowledge in dealing with private parking firms but seems strange that neither the first letter nor rejection is notice to keeper which I thought is a requirement.

Letters are attached in the post and please advise as got another week to respond.

 

Thanks.

 

 

RPCN.pdf

SPPCN.pdf

[renegadeimp]

Ignore them for now.  The parking authorities own code of conduct states there is a MINIMUM of 10 minutes grace after the time has expired.  They cant change that.

Edited March 5, 2019 by renegadeimp

[starfarer]

Thanks but it's 11mins to be precise.

 

Edit: oh just noticed capitals minimum.

Edited March 5, 2019 by starfarer

[ericsbrother]

well, as the minimum grace period is 10 minutes then 11 mins is acceptable. as you have a popla code you can appeal and waste their money but before you go down that route please tell us about the event, such as where it was and what your businees there was and how long the free parking period was and whether there is a paid for parking method as well.

your best move on this may be completely different to what you think it is.

we normally recommend that you take the matter up with the store first and rarely suggest bothering appealing to the parking operator as they tend to disallow any appeal regardless of how faulty the original demand is.

[ploddertom]

Their letter specifically states a 10 minute overstay - not 11 minutes.

[honeybee13]

Can you give us the information requested in the forum sticky please? That will help us to advise you.

HB

[starfarer]

The place is Greenwich shopping park in Charlton London.

At the entrance is sign stating max stay of 3hrs on non-match day and 90mins on match day (Charlton FC).

It's a free time limited  parking space and there are no paying machine to park.

On the date of contravention Charlton were at home to Accrington Stanley, so should've been a match day as per parking signs.

One of the visiting relative went to do shopping.

The shops around the parking area are JD, Matalan, Outfits, boots, Decathlon etc.

Overall £205 were spent on JD and Decathlon (receipt).

The PCN was received via post, so ANPR but nowhere does it state Notice to keeper nor demand to provide driver's detail.

We made an online appeal with just two sentence stating

"the driver's purpose on the day of contravention was to do shopping and total spent was £205 on 2 shops for which the receipt is attached.

The driver spend times visiting other shops located in the same area. "

Rejection letter was also a surprise as thought we'll receive NTK or some kind of form to fill but with POPLA code.

[ericsbrother]

we need to see the NTK as it has to contain certain information. you call it the PCN but it is the same if the parking c relies on para 9 of the pofa

The blurb about matchdays is just cobblers and only applies to the Sainsburys in Selhurst park, next to the Crystal Palace grounds because that is what the planning consent says but even then they cnat stop you from parking , just shopping.

If you hadnt  jumped the gun you could have got the store to cancel this as they are only too aware of the problems Smart cause. it is to deter footy fand from parking but any contract that is deterrent in its nature is likely to be unlawful

[starfarer]

1) Date of infringement: 19th Jan 2019
2) Date on NTK - Not received but PCN received dated 24th Jan 2019
3) Date received - PCN dated 24th Jan 2019
4) mention of schedule 4 of the POFA 2012[y/n] - Can't see on letter
5) Photographic evident of event - yes, two pics of vehicle from front & rear number plate
6) Have you appealed - yes. 3rd option on PCN. "the driver's purpose on the day of contravention was to do shopping and total spent was £205 on 2 shops for which the receipt is attached. The driver spend times visiting other shops located in the same area. "
7)Parking company - Smart Parking
8 ) Where exactly - Greenwich Shopping Park, Charlton London
9) Appeal body - BPA
10) other correspondence - rejection letter. First post attached
 

[ericsbrother]

so we need to see the pcn they sent you, IT IS THE NTK so stop saying you havent had one and start to understand the processes and terminologies. If they ave got the wording wrong then that helps you

you will need to redact your personal details such as your name and address, car reg, any reference numbers and bar codes but leave the date and times visible.

[starfarer]

PCN is attached on first post as SPPCN.pdf. I don't know if this is also a NTK as nowhere in notice are words "Notice to keeper". These are the only 2 letters received so far. 

[ericsbrother]

Ok read the NTK ( as they rely on para 9 of the POFA- you should have read this by now - and they fail to say in what capacity they are aciting as they list several and none of them either apply or create a right to make claims for your money. More importantly they do not say who the creditor is in this matter so that means there is NO LIABILITY WHATSOEVER in this matter so not event he driver can be lawfully pursued.

Typical Smart, the people who put the moron in oxymoron.

do not correspond with them at all and instead read up about private parking matters. There are other thread about the car aprk where your vehicle was so dot miss them out

[starfarer]

Thanks for advice and sorry for late replying. I've searched here for same location and found other posts. For now we've decided follow your advice and we've not even appealed on popla. I'll post once receive any further replies from them. 

[ericsbrother]

when they have wasted a few quid on threatograms and look like they might want to try their luck with court action THEN you hit them with a list of what they have got wrong and point out that if they continue not only will they lose but they will have to pay you money for their unreasonable behaviour.

Smart normally bottle it then.