Jump to content
starfarer

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

Recommended Posts

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

Share this post


Link to post
Share on other sites
Posted (edited)

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 by renegadeimp
  • Like 1

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

Share this post


Link to post
Share on other sites
Posted (edited)

Thanks but it's 11mins to be precise.

 

Edit: oh just noticed capitals minimum.

Edited by starfarer

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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
 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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. 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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. 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
Please fill in your quit date here

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?




  • Tweets

  • Our picks

    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • I was talked into signing up with Future Comms (future-comms.co.uk) who cold-called me to change my mobile contract to them, via 02, rather than EE. I have a small business (only me!) and it's a business contract. True, the 4G network is better for my area. This company seemed to be a marketing set-up for various telecoms companies, so I assumed anything I signed would be with 02 and didn't think it might be a problem.
       
      They sent an email whilst I was on the phone to set up the direct debit mandate with my bank which I signed electronically. That was the first, of many, problems I found. Apparently THAT was my contract, binding me to 3 years and no 'cooling off' period, because I was a 'business' (meaning any consumer rights did not apply). When I subsequently asked in writing for a copy of my contract, that is what they sent - when I argued it was a DD mandate they insisted it was my contract!
       
      2 days later they asked for my phone details to get it unlocked which I sent. 10 days later, EE closed my account, so I changed the SIM card to 02 that had come a few days before. No network! They had done nothing about unlocking it. Fortunately I was lucky with EE who managed to give me the right codes, rather than the usual 10 days to go through Samsung.
       
      By this time I was suspicious of their set-up and wanted to cancel. As I said earlier, I found myself trapped into a 3 year contract with no 14 day cooling off period (they don't offer that). Promises to deal with my complaints never happened, promised return calls neither....and on and on.
       
      Ofcom's rules apply to consumers and small businesses (under 10 employees), yet this shower don't acknowledge that. They just repeat and repeat that I am a business so it doesn't apply. To cancel the contract I have to pay the full 3 year's fees!!
       
      I would like to know if others have had similar experiences? Or does anyone know how I can maybe declare the 'contract' unenforceable? I have never before been locked into something without a clear written contract, with t&c's! And, yes, I have asked, and yes, I have been ignored.
      • 84 replies
    • Future comms!. Read more at https://www.consumeractiongroup.co.uk/topic/415706-future-comms/
      • 10 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
×
×
  • Create New...