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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
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    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
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Smart ANPR PCN - Angouleme Way, retail park, Bury ***Cancelled by Smart***


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1.Date of the infringement 15th June 2021


2.Date on the NTK [this must have been received within 14 days from the 'offence' date] 28th June 2021


3. Date received 1 July 2021 (I think)


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] No


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


7 Who is the parking company? Smart Parking Ltd


8. Where exactly [carpark name and town] Angouleme Way, Retail Park Bury 


9. There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE. Think it’s BPA


For either option, does it say which appeals body they operate under. Independent Adjudication Service (POPLA)


Hi folks

- seeking help for my elderly parents on what appears to have been a nightmare trip.

 

Started a separate thread to my gateway house PCN thread FOR CLARITY.

 

Parents are late 70's/80's.

Parked at retail park and displayed blue badge which entitled them to 45 mins free parking without ticket.

Arrived 14:39:57 Exited 15:35:30

 

Shopped at TK.Maxx but didn't keep receipts.

Slight medical emergency but nothing other than each other to collaborate and historical medical records might confirm.

 

They are worried about ignoring and want to consider appealing.

I know that is not best course of action from my own situation. 

 

From reading previous threads  - could they appeal on 14 day notice to registered keeper rule :

Supposed Contravention 15/6/21.

Date of letter 28/6/21 which would suggest 13 days but wasn't received in the post until 1st July 2021 which is in excess of 16 days?

 

They want to appeal on medical grounds which was there reason for their 10/12 min overstay as they had to find toilet and not the quickest movers.

Any advice greatly received

PCN 150621.pdf

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Thanks for making a separate thread.

 

The problem, Dizzy, as you know, is that any reputable company would immediately cancel this invoice.  But Smart are a vile, money-grabbing bunch of spivs.

 

Appealing would only make things worse.  Smart never, ever, ever accept they are wrong - ever.  The two reasons you suggested to appeal should of course be valid, but ex-clampers are only interested in £££££ and would only insist the invoice was issued correctly.

 

Good news!  No judge would find against your parents for a 12-minute overstay given they are elderly, and during COVID restrictions.

 

No way is the planning permission for the site only 45 minutes! 

 

But I'm afraid you have to explain to them that they are in it for the long haul.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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unsmart parking always make mistakes in their paperwork.

 

please also fill out our Q&A sticky as in the other thread too..

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks so much for coming back so quickly. Can I just check the Q&A thread- Inthought I’d included on page 1 of the PDF. Is there an additional q&a?

thanks again for all your help - I’m slowly educating myself!

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added as text to post 1 

didnt check the pdf...

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Homer67,

Is this fact important and what if the keeper was the driver would that then negate any possible defence?

 

Sorry if these are simple questions, as been reading as many posts as I can to get up to speed but still a bit wet behind the ears.

 

I also thought of contacting Smart park to request a release of all subject data information they hold using Data protection laws to obtain.

 

I also found an article in the local press re planning permission for signage

- although it referred to Parking eye and not Smart Park but not sure how to check if planning permission was obtained

 

Any information that anyone can supply would be much appreciated.

 

Thanks All

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but they don't know who was driving and you NEVER tell them.

no good in sending an SAR no. they will have to disclose all relevant paperwork if they were to do court.

 

as for planning...there will be a planning portal part on the relevent council's website 

go there.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Yes the PCN was sent out of time. Two working days are allowed for delivery so the expected day of delivery would have been 30th May so a day late. This means that the keeper is not liable for the debt if the driver is unknown.

 

The crooks at Smart will automatically assume that the driver and keeper are the same person.  Sometimes this will be the case but from the Court's point of view it is not an automatic assumption and of course any number of other people apart from the keeper could be listed as named drivers on your parents insurance. On top of that anyone with insurance could drive the car on a third party liability basis.

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  • 4 weeks later...

Yes - received in an email this week - .

 

Thank you for your recent communication.
I have noted the points you raised and would like to confirm that we are cancelling the Parking Charge Notice.
If I can be of any further assistance please do not hesitate to contact me.

Yours sincerely,

Smart Parking Ltd

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That's incredible that you got Smart to back down - well done!  👏

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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what did you send them?

could be useful to others here or in the future....

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • FTMDave changed the title to Smart ANPR PCN - Angouleme Way, retail park, Bury ***Cancelled by Smart***
  • 1 year later...

Yes, we have a new user, again with Smart, again with this very same car park..  Any info would be very welcome.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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