smart parking/Gladstone ANPR PCN PAPLOC - Gateway Shopping Centre, Trowbridge ***PCN CANCELLED***

[veegeeay]

Please help, I have been ignoring the debt collectors letters for nearly a year now but now I have a letter before action (which I was under the impression from other sites would not happen) and to put it bluntly am slightly pooing myself! 

 

 

1 Date of the infringement - 26/11/2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - It is a notice to owner, not keeper but is dated 24/12/2018

 

I have just noticed this - is this a non starter for them then?

 

3 Date received -   About 26/12/2018

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Not specifically [Smart Parking Ltd are able to request registered keeper details from DVLA, under the reasomable cirteria of recovery of private parking charges.  DVLA have confirmed that you are the registered keeper of this vehicle.]

 

5 Is there any photographic evidence of the event? - Yes

 

6 Have you appealed? [Y/N?] post up your appeal] - No

Have you had a response? [Y/N?] post it up - N/A

 

7 Who is the parking company? - Smart Parking

 

8. Where exactly [carpark name and town] - Gateway Shopping Centre, Trowbridge

 

For either option, does it say which appeals body they operate under. - IAS

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

 

4/12/18 - Parking Charge Notice

24/12/18 - Notice to Owner stating Original Notice Date as being 3/12/18 not 4/12/18 as stated in PCN

8/1/19 - DRP Letter

13/2/19 - DRP Letter

7/3/19 - DRP Letter

29/3/19 - Zenith Collections Letter

16/4/19 - Zenith Collections Letter

30/4/19 - Gladstones Solicitors Letter with www.gslcollections.com listed as the website

3/9/19 - Gladstones Solicitors Letter with www.gladstonessolicitors.co.uk listed as the website

 

 

[veegeeay]

I have just noticed that the Protections of Freedoms Act is mentioned on the first letter from DRP

[Homer67]

If the dates you have quoted for the infringment and the receipt of the NTK are corrcet then there is no keeper liability and they ahve obtained the keeper's details from the DVLA fraudulently.

 

You could respond to Gladdy's saying simply no keeper liability has been shown and leave it at that but best wait for others (EricsBrother) to come along and advise you.

[dx100uk]

 

 

smart parking never get anything right..was this an ANPR capture?

 

is this a letter before/of claim or a letter of action?

 

if the latter ignore

 

scan it up to PDF please

read upload

 

dx

 

 

 

[veegeeay]

Thanks for your replies...

 

Letter before claim attached.  Yes it was an ANPR capture. 

 

Gladstones_Letter_before_claimm_Smart_Parking_3-9-2019.pdf

Edited October 3, 2019 by veegeeay

[dx100uk]

time for an ericsbrother snotty letter reply then

lots in like threads here 

dx

 

[veegeeay]

Thank you so much, I'm being a dumb blonde here & cannot find letters from Ericsbrother

- would you be so kind as to point me in the right direction

- I will keep looking anyway.

 

V

[FTMDave]

Examples you can use as a template and then adapt to your circumstances are -

 

Post 16 of  

 

Post 22 of 

 

As it's Gladstones, start with "Dear Will & John" in EB style.

[veegeeay]

That's fantastic thank you so much!!!!!

[veegeeay]

Opinons please......

 

Dear John

I’m sorry this relationship is simply not working out for me, you are clingy and relentless in your requests for my attention.  I simply have no time for your selfish games anymore and instead of ignoring your threats I am considering legal action against you.

 

Thank you for your letter before claim, which I found rather amusing.  In fact I have enjoyed each and every one of your fruitless attempts to make me pay the extortionate invoice you feel is justified!

 

I can confirm that I am indeed the registered keeper of the above vehicle, however I will also confirm that I was not the driver at the time of the photographic capture you have provided.

 

Since you have failed to comply with the Protection of Freedoms Act 2012 (POFA), I trust that there will be no more futile threatening letters and indeed text messages!! 

 

Should I received any more correspondence from yourselves I will be considering charges of harassment against you.

 

 

 

[FTMDave]

Brilliant!  The bit about the "relationship" had me creasing up!

 

The only part I would disagree with is the last paragraph, as harassment is very difficult to prove.  if you want to make a financial threat how about saying that if their clients are daft enough to do court you will request full costs due to unreasonable behaviour under Civil Procedure Rule 27.14(2)(g).

 

Plus, send the letter to Smart (not) Parking too.  Unscrupulous solicitors love fleecing not only motorists but also their own clients by egging them on to do court even with useless cases, as they get paid win or lose,.

[veegeeay]

Thank you, one last thing, do I send it snail mail, recorded or find an email address?

 

Also I just need to check, my facts are correct yes?

Edited October 4, 2019 by veegeeay

[dx100uk]

You never use email

free pop from any po counter 2nd class

[veegeeay]

Thanks dx, and the facts?  

[veegeeay]

Final draft - as long as my facts are ok & watertight!!

 

Dear John

I’m sorry this relationship is simply not working out for me; you are clingy and relentless in your requests for my attention.  I simply have no time for your selfish games anymore and instead of ignoring your threats I am actively breaking up with you.  To make it very clear and simple for you, I do not wish to hear from you again.

 

Thank you for your letter before claim, which I found rather amusing.  In fact I have enjoyed each and every one of your fruitless attempts to make me pay the extortionate invoice you feel is justified!

 

I can confirm that I am indeed the registered keeper of the above vehicle, however I will also confirm that I was NOT the driver at the time of the photographic capture you have provided.

 

Since you have failed to comply with the Protection of Freedoms Act 2012 (POFA), I trust that there will be no more futile threatening letters and indeed text messages!! 

 

Should your client be dim-witted enough to continue this to a Court of Law I will most certainly request full costs due to unreasonable behaviour under Civil Procedure Rule 27.14(2)(g).

 

Thank you for the last year, I’d like to say it’s been fun but it’s actually been quite tedious.  Have a nice life.

[veegeeay]

Is anyone able to just confirm that I have my facts correct and am not going to get a snotty letter back?

[brassnecked]

Could include that as there was non compliance with POFA, you are minded to report them to ICO for breach of GDPR for having no reason to ask DVLA for your details. but probably OK as is might be worth holding the GDPR back for now.

[veegeeay]

Brilliant, thank you all

 

V

[ericsbrother]

so did you receive the original NTK that was supposedly sent out on the 3rd/4th? if so when?

[veegeeay]

I received everything listed above, no additional letters, The PCN was dated 4/12/2018 not the NTK...  I didn't receive specifically an NTK but a Notice to Owner dated 24/12/2018

[lookinforinfo]

On your first post you said the "offence" happened on the 26th November but now you say the PCN was dated 4th December.

This might suggest that you has a windscreen ticket rather than an ANPR ticket.

 

Could you please confirm the date problem

. If the 4th and the 24th  December are correct then they failed the POFA regulations then they can only sue the driver, not the keeper.

 

[veegeeay]

So, on my Notice to Owner (dated 24/12/2018) it states that original Notice date was 3/12/2018

 

The original PCN (dated 4/12/2018) shows photographs of my vehicle arriving & leaving so I assume ANPR

 

- also I know for a fact (unable to state here without incrimination ) that no ticket was placed on the vehicle at any time.

[dx100uk]

please scan up the PCN with the photo's on it but remove any thing like reg no/pcn ref/address/name that can ID you.

 

read upload

[veegeeay]

Original PCN attached

Original PCN Smart Parking- 04-12-18.pdf

[dx100uk]

I would say thats cctv capture not anpr

Or spycar cctv