Smart ANPR PCN -Goose Green multi storey, Altrincham, Manchester. manchester

[John_Bloggs]

hi, we recently took a trip to Norway from Manchester airport and decided to arrive the day before and stop over-night near the airport.

We arrived in Manchester early so decided to drop in at Altrincham for a couple of hours.

 

We parked in the Goose Green multi storey and put on 2-3 hours we think.

this was on 6 june '19.

 

we come back from Norway and on 28 june '19

we receive a parking charge notice stating they require £100 or £60 if paid within 14 days.

 

they have photo evidence of us being there between 14:28 and 16:03 on the 6 june, which we were!

we now do not have the ticket to prove we paid so what do we do please.

 

I am currently working late shift so I can post a copy of the notice at some other time if that helps.

[dx100uk]

please complete this:

 

 

[John_Bloggs]

hi thx for the quick response;

 

this was an ANPR received in the post.

infringement was on 6/6/19. The letter is dated 25/6/19.

I received it on 28/6/19.

 

 It does NOT mention schedule4.

 

there is photographs with our start time and exit time.

 

I have not yet responded to the letter although I realise the they have given me until 24/7/19 to pay the lesser amount.

 

the parking company is Smart Parking Ltd.,

 

and the car park is Goose Green multi storey, Altrincham, Manchester.

 

The letter does not display who they are affiliated to.

 regards John

[lookinforinfo]

They were late sending out the NTK so they were right not to use POFA Schedule 4. That means they cannot take the keeper to Court unless they know the keeper is also the driver. Therefore be careful not to divulge to them who the driver was. In other words just ignore them and do not contact them. 

[ericsbrother]

so how did you pay for the parking period then?

 

Smart have got a big thing wrong so lets try and find some more. Is the place local to you as we would like to see the signs there and also piccies of the apyment machine so we can decide on what you were offered at the time

[John_Bloggs]

She paid cash & we dont live local i'm afraid, she had to put in the reg. number. If i upload the scan of the ANPR my name and address will be on it so how can i do that?

[ericsbrother]

Ok, when we have read the NTK we will see what else they have said to clai the money, the entrance signs are not offering contracts so now the blurb on the itcket machine becomes vital as that is the actual contract and agreed when you feed the meter.

No ticket from MC? What happens if you want to claim the money back for tax  or expense purposes?

Edited July 8, 2019 by ericsbrother

[John_Bloggs]

ok hope this is ok to post

2019-07-09-goosegreenamended+.pdf

[ericsbrother]

look at their claim, they say it is for unauthorised parking so not parking without paying or overstaying so from this one can only assume that they have no record of the payment.

 

so this means there must be a term that matches this on the sognage that offers a contract for parking because you cant breach a term that doesnt exist.

 

that means we need to see pictures of the signage and the blurb on the payment meter to determine if there was a contract offered and if so whether such a term exists and lastly how you could have breached it.

 

Now the question is whether to try and head them off by writing to them now or to let them waste their money chasing you for no purpose?

 

I would be tempted to do the latter as when you do write it will show that you arent just ignoring them but hold them in contempt where if you write now they may think that by telling some more lies you may pay up despite the fact there is no liability created to make you do so.

 

You blanked out the date and time of the alleged breach when these are the most critical points.

 

I know you have given the date and time but all of their paperwork must match up or again they fail to create any liability so please confirm the date they issued the notice as expressed on the NTK

[dx100uk]

NTK outside of 14 days as this was an ANPR capture

usual mistake for the not-so smart parking company.

[ericsbrother]

then you find out if they were contacted and what your partner said, dont assume. They may have just chucked away your protection of the law and made this thread pointless

[John_Bloggs]

do you mean they are waving nets in the air and are just hoping some people pay up?

[dx100uk]

as always

[John_Bloggs]

do you mean they are waving nets in the air and are just hoping some people pay up?

The only correspondence we've had is what they sent to us, we have not contacted them at all

[ericsbrother]

good, now that is clear they are stuffed as they have no claim against the keeper and may be breaking ther law by accessing the keeper details. They have to send the NTK within 12 days after the date of the event and then have another 2 days for service if by post so anything arriving after the 21st is too late.

Dont think they will be happy to behave though so that is why we say just let them waste their money on taradiddles rather than you responding now and making them think that if they tell you another lie you will believe it and pay up.

[John_Bloggs]

Well thank you peeps for your help on this, folks taking time & trouble to run forums like this and offering free guidance is the positive side of the Internet. I will now bide my time and see what other blurb these come up with. Thanks again John

[ericsbrother]

Keep us in the loop, the next stage will be a reminder and then probably some letters froma DCA where the bill mysteriously goes up to £160. after that Smart will threaten you with court action and that is the time to let them know that they are holding a busted flush adn you are wise to their dishonest ways.

[John_Bloggs]

hello all, as ericsbrother foretold, i have now a demand from a debt collection agency as below. If i am to reply how should it be worded. thanks guys johnbloggs

2019-08-19-goosegreendebtrecovery.pdf

[honeybee13]

We rarely advise to reply to a DCA, please wait for the experts to have a look at the letter you've had.

 

HB

[John_Bloggs]

ok thanks HB , must admit getting a little nervous....

[honeybee13]

Don't worry about this.   The guys will tell you what to do.

 

HB

[dx100uk]

nothing ...whats a dca?

have you not been reading up....

[John_Bloggs]

debt collector

 

just read someone else's case and this was quoted;

 

To illustrate your position there is the case some time ago regarding Baroness Walmsley and TFL.

 

She paid the ticket and entered the wrong registration and ended up in the High Court where it was established that it is not the purpose of the scheme to penalise those who make a genuine error.

 

A fact that should be well known to the parking companies since some of them will have lost in Court over the same situation.

 

So as I said, the GDPR breach was theirs when they asked the DVLA for your data.I have included the relevant section below .

 

This is our case exactly. What should i do, i have not yet corresponded to them and unsure what to do next.

 regards john 

[dx100uk]

what is a DCA what can they do to you?

 

dx

 

[John_Bloggs]

15 hours ago, dx100uk said:

what is a DCA what can they do to you?

 

dx

 

hi dx, i have uploaded the letter from a debt recovery firm, my acronym is made up by me lol, it sounded right at the time.

Should i wait further or respond to this? In a previous post by Ericsbrother he mentioned DCA. regards john

Edited August 20, 2019 by John_Bloggs
added info